Sat, Nov 21, 2009
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Name:
B00TANEB00TUS
Comment: ...Yo, WTF is up with Rak?...First he steals speeches, now he's stealing songs...Ooooh, I'm sorry he was simply re-mixing the speeches and songs...On the serious side...Sam just wants to get paid...Pay the man his money 'Rak...You know he's struggling...Next thing ya know 'Rak gonna be stealing beats....Hilary already thinks he's stealing the nomination....
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Name:
Prubin40
Comment: That's funny. You should be writting for Rak.LOL
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Name:
CoCoCaramel
Comment: Ok, Sam!!!Damn!!! don't get your boxers all in a bunch, Obama should be playing the other Sam's song anyway...Sam Cooke's A Change Is Gonna Come...Black folks can be so petty and divisive...Sheesh!!!!
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Name:
TGen
Comment: Another half-story EUR. Would it be so hard to print the response from the BO camp? "Tommy Vietor, an Obama campaign spokesman, responded in a brief e-mail Saturday that they received the letter and will stop using the tune." http://www.iht.com/articles/ap/2008/02/24/america/NA-P OL-US-Obama-Song.php Did you not even LOOK for a response from the BO camp before printing the article? *Sigh*
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Name:
Grace12_34
Comment: I agree with B00TANEB00TUS. It's an interesting legal question as to whether Sam would be entitled to monetary compensation for the use of this song at campaign rallies. (Is he actually using this as his theme song?) There's no question that he would be entitled to royalties if the song were played on the airwaves, like radio or television, during campaign commercials. Art is work. It's not being "petty and divisive" to demand respect when your material is being used. The campaign should have asked permission before using this material. An agreement would've been reached, and there would've been no need for Sam to write this letter. That's the way it's done in the real world. In one month the campaign raised $32 million. It has more than enough money to pay Sam for the use of this song.
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Name:
Grace12_34
Comment: Thanks, TGen. The cheapskates. And, EUR? Shame on YOU for not printing all the facts!!!!
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Name:
McNasty
Comment: From the wayback machine: artists from the Sam & Dave era weren't necessarily given royalties which would have kept this man in pocket change over the years. Several years ago some of the older groups decided to sue for back royalties and especially after they started getting older and realizing they were owed something and didn't want to die broke. I also seem to remember filing a lawsuit against someone for using using his music. Man is fiercely protective.
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Name:
bigchassie
Comment: okay, i admit Barack should have gotten permission from Sam but dayum, Sam should be honored that somebody is using his song. i wondered did he get perission from Steve Wonder cause he always uses the song "Signed, Sealed, and Delivered" after every campagain.
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Name:
Teigh
Comment: The permission comes from the publishing company and the record company -- NOT THE ARTIST. It's licensing income the same way you license a song for use in a commerical or television. The only way you have to directly ask an artist is if they retained the right of pre-approval (Stevie does) -- not sure about Sam Moore....but what I find really interesting about old Sam was that years ago he was proudly singing one of his songs for a republican candidate. I think the song was pulled more as a courtesy than something done illegally
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Name:
g888
Comment: Sam Moore didn't wtite this song,Isaac Hayes&Dave Porter did,Sam tried to give the song Soul Man to Bob Dole in 1996 against Bill Clinton and was stopped,he is a republican supporter,Ike&Dave also wrote that song,even if Barack didn't get permission he would have only needed to clear it with the writers,but he can always use a new song at the inauguration in January.
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Name:
Grace12_34
Comment: Teigh, whenever an artist's image, likeness, or in this case VOICE is used, permission has to come from THE ARTIST. Sam's issue is not about the use of the WORDS to the song, but about the use of his VOICE. He has the law on his side. So what if he was proudly singing one of his songs for a Republican candidate??? Maybe HE is a Republican, and, if so, that is his right.
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Name:
g888
Comment: Teigh you're right and I should have included the publishing co. as well,the record company Stax doesn't exist anymore.
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Name:
B00TANEB00TUS
Comment: I saw a special on STAX artist's a few years back....One of the artist profiled was Sam...I didn't know he had a White wife...Well, they were in some White cats office and she was demanding money...demanding money...Sam was like "Ooooh no you can't do that" He was cowering and sh1t...I wonder if it's his wife demanding money from Rak's camp...
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Name:
NYCsoul
Comment: Issac Hayes & Dave Porter are the ones who should be up in arms as to whether Obama has the right to sing "Hold on'. However, if BO is using the old recording with Sam's voice on it, I could understand it. McNasty> It's Sam's wife, joyce who is fiercely 'protective' over her husband. That's not a bad thing mind you but Sam's wife is the one who is involved in that mess with Billy Preston's family. She has a way of 'inserting' herself by saying she is trying to protect the singer's interest but it comes across more as controlling them when they are most vulnerable, ie. illness. She was also the main one involved in the Jackie Wilson saga from years back. Sam's wife has a history.....
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Name:
NYCsoul
Comment: Boot> Thanks for posting that. Because of those drugs that Sam took, his elevator don't go all the way to the top. Hence about his wife's behavior that you spoke about.
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Name:
g888
Comment: Sam should be getting performers royalties anyway, which may not be much but is a general amount because you can't calculate how many times a song is used, and that would cover him,and I agree it is his right to affiliate himself with whoever,the Ojays had a similar complaint when the Apprentice used For the love of money,but it was determined that only Gamble&Huff would be paid since they were both writers and publishers.
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Name:
Grace12_34
Comment: Well, if Mrs. Moore IS behind this, she's already seen a lawyer. The letter was obviously written by a lawyer, and I doubt the axing of the song was done "as a courtesy." You simply canNOT use an actor's or artist's image, or, in this case, voice, without getting permission FIRST. The BHO campaign was using the old recording with Sam's VOICE. If they'd re-recorded it, then Sam would not have been in the picture as he did not write the song.
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Name:
khufu
Comment: Intellectual Property Law (copyright in this case) rules supreme.
He will probably receive some payment....
I think tht someone in Obama's camp was unaware.
I am aware that because one is an attorney and practitioner in one area that they dont necessarily know IP Law or other forms of law...
a lot a people make the mistake thinking that, for instance, a Criminal Lawyer can be hired to do a Real Estate transaction.
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Name:
khufu
Comment: Im shcked BIGCHASSIE...question: youre a writer, how would you feel if someone used your material without your consent?
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Name:
khufu
Comment: FYI:
Copyright: The exclusive right, granted by law for a stated period, usually until 70 years after the death of the surviving author of the work, to make, dispose of, and otherwise control copies of literary, musical, dramatic, pictorial and other copyrightable works.
Performing Rights: Public Performance Right is the exclusive right the U.S. Copyright Law gives to the creator of a musical work or other copyrighted material authorizing the use in public. Every time a song is performed on a broadcast, there is a public performance. This public performance is licensed by performing rights organizations (BMI/ASCAP/etc.) or directly from the copyright holder as a direct license.
Direct License: A license obtained directly from the copyright owner or publisher where the Performing Rights are paid directly to the copyright owner by the Licensee. With a Direct License, no royalties are collected by, or paid to, the Performing Rights Organizations (BMI/ASCAP/etc.).
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Name:
MelodyCool
Comment: I'm sure his "white" wife is behind this no doubt.
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Name:
Teigh
Comment: Sorry folks, the only way Sam Moore has rights to that recording using his voice is either (a) if he owned the master recording...or (b) he retained pre approval rights of the use of the master recording by way of his contract with the original record company who originally owned the master. In both cases he does not. As someone else posted -- Isaac Hayes stopped the use of Soul Man, not Sam Moore. Another (c) issue that most folks are not familiar with is that if you use a song at a live event, and it is a one time use...you do not need permission. If that were the case, we'd all need permission to play music in our homes or at parties. People Barack is a lawyer (no not a (c) lawyer but a lawyer) all his ducks were in a row. This was done out of courtesy. Do you really think he is naive enough to infringe a (c) when he is running for President. COME ON PEOPLE -- THINK!!!!!
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Name:
khufu
Comment: oh Sam aint the copyright owner of the song?
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Name:
khufu
Comment: TEIGH actually even before MECHANICAL RIGHTS, there is copyright of the song....
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Name:
gingerg
Comment: Wasn't that song in American Gangster, too? I just watched it again this past weekend. Denzel is off the hook.
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Name:
NYCsoul
Comment: Teigh> Thank you for posting that information. I see you are very versed with music industry issues and its laws.
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Name:
MelodyCool
Comment: John Mellencamp told Huckabee to stop using his song. But Sam's greedy azz wife is the same witch that tried to take over Billy Preston's estate from his family. SHE wants to get paid and is probably supporting Hillary.
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Name:
Exmun
Comment: Sam and Dave didn't write the song. Isaac Hayes and Dave Porter wrote that song. They are "authors" for purposes of copyright as to the song lyrics. Their publisher has the right to authorize Barack's campaign to play the song. The recording featuring Sam and Dave's lyrics is owned by the label that released the record, I belive Stax Records. Whoever owns the Stax Catalog containing this song has the right to give Barack's campaign permission to use the recording publicly. LONG STORY SHORT, Sam's cease and desist letter ain't worth jack. If the artist isn't the songwriter and said artist doesn't run the record label that owns the master recording, said artist has no authority under copyright law to send a cease and desist. And both the record label and the publisher could grant permission to a campaign to use the song (for some change) WITHOUT the artist's approval.
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Name:
Gurlfrand
Comment: >CoCo - I have that Sam Cook song, "A change gonna come" on my Ipod and heard it this weekend, and Barack was the first thing I thought of with this song - Sam may have not known that he was singing prophetically some 40 plus years ago with this song before he was killed.
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Name:
Exmun
Comment: MelodyCool, John Mellencamp is a different story. He actual wrote the song that Huckabee was using. So he could %*$ert his rights as an 'author' under copyright law to prevent Huckabee from using the song. A 'singer' like Sam and Dave that didn't write the song or doesn't own the master recordings has no rights except their contractual right to receive royalties based on record sales or other income made using the recording.
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Name:
Teigh
Comment: Khufu...mechanical rights have nothing to do with this issue. You need a mechanical license when you are going to RECORD a song.
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Name:
MelodyCool
Comment: B00TANEB00TUS, I just saw you post and believe his white wife is behind it all. She will inherit and control Sam's estate like many of them have long done where Black male artists are concerned.
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Name:
Teigh
Comment: Co sign Exmun!!!!
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Name:
NYCsoul
Comment: Exnum> Thank you! MelodyCool> Of course Sam's wife is behind it. She is also the same woman who tried unsuccessfully to insert herself in the Jackie Wilson affair as well. With her all her 'good intentions', she definitely has ulterior motives meaning 'money'.
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Name:
Stephanie
Comment: But Exmun, wouldn't a lawyer had advised Sam and his wife of that? The media is having a field day with it...now...
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Name:
Exmun
Comment: Teigh, I didn't see your response above. I get so excited when I can answer an intellecual property question. I practice in the area of IP law and I got so psyched after reading the story that I didn't bother to read all of the responses. We said the same thing.
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Name:
Teigh
Comment: Exmun...I am not a lawyer but I have many years of music publishing experience; nice to know I still have my chops!!!
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Name:
khufu
Comment: What you dscribed falls under Mechanical RIghts doesnt it?
Name: Teigh
Comment: Khufu...mechanical rights have nothing to do with this issue. You need a mechanical license when you are going to RECORD a song.
Name: Teigh
Comment: Sorry folks, the only way Sam Moore has rights to that recording using his voice is either (a) if he owned the master recording...or (b) he retained pre approval rights of the use of the master recording by way of his contract with the original record company who originally owned the master.
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Name:
pn2ppr
Comment: Teigh, good plug. **cosigning**
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Name:
Exmun
Comment: Stephanie, a lawyer probably would have advised Sam of that. But the letter was written by Sam not his attorney. It doesn't appear that he bothered to check with an attorney. If his letter were sent by his attorney the lawyer would have written the letter him/herself, and it would likely have been a reminder letter to the owner of the Stax catalog to make sure that Sam get's his royalty cut... or check to make sure that Barack has permission to play the song.
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Name:
khufu
Comment: yep
Name: Exmun
Comment: They are "authors" for purposes of copyright as to the song lyrics. Their publisher has the right to authorize Barack's campaign to play the song. The recording featuring Sam and Dave's lyrics is owned by the label that released the record, I belive Stax Records. Whoever owns the Stax Catalog containing this song has the right to give Barack's campaign permission to use the recording publicly.
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Name:
dport
Comment: Sam Moore speaks of being excited about having African-American for a presidential candidate which was a long-way comin'....but he can't even 'loan' the use of the public paying of a song. ((?!?!))))
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Name:
MomaKnowz
Comment: Sam was not asking for pay. He says that his issue is ENDORSEMENT. He implies that he doesn't endorse Obama and doesn't want his talent, voice etc associated with Obama. As to money, his wife was embroiled in the Billy Preston estate mess, it's true, as was said in someone else's post.
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Name:
Exmun
Comment: MomaKnowz, I understood that. But since his only legal right to stop the playing of the song is under copyright law he has no LEGAL right to stop the campaign from using the song so long as they have permission from the publisher and the record label that owns the master recording of the song. The campaign is not obligated to honor his wishes (especially if they've already paid for the use and cannot get their money back), but may choose to do so for public relations reasons.
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Name:
khufu
Comment: gon' girl (you are female?)
Name: Exmun
Comment: But since his only legal right to stop the playing of the song is under copyright law he has no LEGAL right to stop the campaign from using the song so long as they have permission from the publisher and the record label that owns the master recording of the song. The campaign is not obligated to honor his wishes (especially if they've already paid for the use and cannot get their money back), but may choose to do so for public relations reasons.
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Name:
write2live32
Comment: Obama should use Jill Scott's song "Hate on Me." Hahahah! It fits like a glove.
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Name:
SistaBigBone69
Comment: Wow....WTF. I thought someone else wrote the song. Sam only performed it. I guess the big deal is OB camp was playing and he was not getting paid, but why should he. Why everyone got to knick pick? Sam, this is so petty. Be happy for BO do not hate and be glad that someone is still playing the dayuum song.
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Name:
Southernbelle
Comment: LMAO, I guess Sam is not a Obama supporter.
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Name:
Teigh
Comment: khufu> the issue speaks to what rights Sam Moore has to approve and/or deny a sychronization license (writer/publishing rights) and/or a master use license (record company or owner of mater recording). You raised the question or necessity of a mechanical license -- which is not part of this equation.
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Name:
khufu
Comment: TEIGH thank you
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Name:
Angel
Comment: People send letter all of the time when they know they don't have a legal right to prevent someone from doing something. They want to appeal to that person's sense of decency and fairness instead of their legal right to do something. With Obama being in the public eye, I doubt very seriously if his campaign would want to respond to this dude telling him to kick their azz because he doesn't have any rights. He doesn't need that type of attention.
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Name:
Stephanie
Comment: What ended up happening with the Billy Preston saga and Sam's wife. He'd probably sue the breath out of us because when my husband and his brother sang in their R&B band, they were Sam and Dave and always brought the house down. They were really good!
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Name:
bigchassie
Comment: TEIGH>i'm with you. he's a lawyer so i'm sure he knows about the copyright laws. KHUFU> i said, i agree he should have asked permission to use his song, but does he own the rights to it? and another thing, barack was not making any money off of using the song, was he? yeah, i'm a writer, now if an actor wanted to use one of my monologues from one of my plays for an audition, well sure, i'll let him use it. but if he wants to put on my play and people pay money to see it, then yeah, its another story. pay me my cut.
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Name:
ladybyrd
Comment: These are details that are handle by his PEOPLE not by BARACK personally, c'mon yall. The group BOSTON asked McCain to stop using their songs because they are supporting Barack Obama. Do you really think Obama is sitting down picking out RALLY SONGS??? REALLY???
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Name:
amtrakjanet
Comment: There can't be anyone on the face of this earth that believes that Sam Moore wrote that letter, or even had the idea occur to him to write it. This reeks of General Joyce, leader of the troop of 1. Although Sam is a great singer, he will long be remembered for the negative notoriety she generates with his name as much as his singing ability. Anyone that would openly admit to tricking him out of everything he had or would have in the future, in the movie "Only The Strong Survive," should be banned from any legal involvement in anything....ever. Sam and I go back 40 years, and I pretty much know all of his shady past. I can't begin to imagine why anyone would want to publicly connect to him as if he was in support of them.
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