Comments on: That’s Why God Made The Radio…

By: Andrew Hickey

Andrew Hickey — Sun, 20 May 2012 17:49:45 +0000

It is impossible to trivialise the already trivial. And I don’t care one iota what is or isn’t irrelevant in your opinion. This blog is where I talk about whatever interests me, trivial or otherwise, and doesn’t exist to be twisted to others’ agendas. If you think this is worth kicking up a fuss about, go and start your own site about it, rather than pestering someone who doesn’t care.

By: Jim Wagner

Jim Wagner — Sun, 20 May 2012 17:08:55 +0000

Clearly you want to talk about likes and dislikes. Every comment about likes and dislikes is irrelevant if their first single in years copies the melody of two prior songs. You could write in depth about the vocal harmonies. You could write about doubling vocals. You could write about the key changes. You could write about the production. You could write about the engineering. You could write about sound quality. You could write about what you think is better or worse compared to what they did before.

As I said, if the song was copied in the first place, everything else is irrelevant in my opinion. This to me is like a teacher grading a paper based on content rather than seeing that the paper was copied from Cliff Notes from at a local store. I’m out and have no time for such things when the first single from this band in years copies the melody of two prior songs. You are approaching this as a fan who likes or dislikes elements of what they’ve done in the song.

Feel free to keep writing about what you like or dislike. It trivializes the copying that took place. And I assure you, if this matter ever went to negotiations or even court, there would not be one single comment on likes or dislikes from either side. None.

Thanks for mentioning the similarity. I’m out.

By: Andrew Hickey

Andrew Hickey — Sun, 20 May 2012 14:31:01 +0000

Actually, there are a couple of better songs on some of McCartney’s recent albums, too (there’s some nice stuff on the most recent Fireman album, and Mr Bellamy off Memory Almost Full is one of his best solo tracks). But yes, the song’s actually not up to the standards being set by some of the Beach Boys’ contemporaries.

By: Andrew Hickey

Andrew Hickey — Sun, 20 May 2012 14:23:49 +0000

Rather than repeatedly badgering me to turn into some kind of internet activist and spend my time repeatedly pointing out the obvious — that this song sounds very similar to several other songs, something *every single person who has heard the song can tell straight away* — why not just do it yourself?
I heard the resemblance as soon as I heard the song. Almost everyone who hears this song will have heard one or both of the John Barry pieces. I mentioned the resemblance because I sometimes write about the Beach Boys on this blog, and some of the people here wanted to know what I thought of the song — and that was what I thought. That’s really the end of my interest in the matter.
If you want to raise some sort of worldwide outcry over the fact that a not-very-good single by an otherwise-good band, written by a committee comprising mostly of hacks, is derivative of a more famous and better piece of music, by all means go ahead. And while you’re at it, why not shout to the rooftops about how the intro to Fun Fun Fun is identical to that of Johnny B Goode, in case someone hasn’t noticed that?
But this is my blog, I write about what interests me, and as far as I’m concerned the similarity is so *un*interesting that it’s not worth talking about. I’ll probably mention it again when I review the full album, but that’ll be it.

By: Jim Wagner

Jim Wagner — Sun, 20 May 2012 04:43:41 +0000

Thanks for responding Andrew. This will not necessarily be settled in court as you said. The matter can be settled out of court before a lawsuit is filed.

I will briefly explain U.S. copyright law:

1) The Beach Boys had a “high” degree of access to “You Only Live Twice” and “Midnight Cowboy,” two major films with theme songs of the same name written by John Barry.

2) There is a “high” degree of substantial similarity with the instrumental melody of the prior works copied note for note in the title hook phrase “that’s why God made the radio.” There are a few extra notes in “You Only Live Twice” that were not copied. An infringer is liable for what was copied and is not excused from liability for notes not copied. Substantial similarity goes to the “artistic expression” of the first work copied in a subsequent work. The artistic expression of John Barry’s two theme songs was clearly copied note for note. A piano demonstration in court would show the identical melody in all three songs. An infringer is liable for copyright infringement whether the copying was conscious or sub-conscious (as in the case of George Harrison “My Sweet Lord” / “He’s So Fine.”)

As stated, The Beach Boys may have attained permission to copy since the owner of “You Only Live Twice” is the Capitiol Music Group and the releasing record company is Capitol / EMI. I am like you wanting new music and not a replication of prior music.

If they had permission, then copying is not illegal. But no one should believe that this song is original.
It is not original. The instrumental melody of the two prior songs is identical to the title hook phrase “that’s why God made the radio.” It makes no difference if all the notes in “You Only LIve Twice” were not copied as I explained earlier.

Andrew, I would sincerely like you to ask those on this site to listen to all three songs on you tube and then comment on the similarity. It may be better to start a new site asking for comments on the similarity.

Please ask them to do this:

1) go to you tube and listen to the instrumental opening of “You Only LIve Twice”

2) go to you tube and listen to the repeated instrumental phrase in “Midnight Cowboy”

3) go to you tube and listen to the title hook phrase “that’s why God made the radio” at all locations of the song including the end in which the similarity is even more pronounced

And then ask for their opinion as to whether the song copies the two prior songs.

I see this as more than “aesthetic.” If they copied two prior songs, the public should know it.

I hear “striking similarity” in all three songs. Please ask for comments from people around the world . . .

By: Anthony

Anthony — Sat, 19 May 2012 17:46:08 +0000

There must be about 10 songs better than this on Ray Davies’ most recent ‘proper’ album, ‘Working Man’s Cafe’. Agree about McCartney though…

By: Andrew Hickey

Andrew Hickey — Sat, 19 May 2012 11:16:41 +0000

I’ve not been commenting because I don’t know exactly what does and does not count as copyright infringement under US law. Yes, several bars of melody are either identical or substantially similar to those songs, but I’ve heard of closer resemblances (the lawsuit over Mick Jagger’s Just Another Night, for example, where both lyrics and melody were identical) getting thrown out of court. I don’t have an opinion on the legality of it, and frankly I don’t need to — if what’s been done with this song is illegal, given that the songs that have been ripped off are not exactly unknown, no doubt it will get settled in court one way or another. My criticism is purely aesthetic. I don’t want to hear a patchwork of bits of old John Barry film themes and bits of songs from 1964 — I want to hear an actual new, coherent, song.

As for your comment that “this is America”, well no, it isn’t. It’s the internet.YOU might be in America, but I’m not and nor are many of the other commenters here. As my American wife just said to me “I wish your blog *was* America — it’d be much easier to visit than tI thought if it was”.

By: Jim Wagner

Jim Wagner — Sat, 19 May 2012 04:04:33 +0000

LAST COMMENT FROM A PRO MUSICIAN WHO SUED TOM PETTY

Andrew started this site stating the song is “hugely derivative” citing “You Only Live Twice” and “Midnight Cowboy.” Why are you not commenting on what I’m saying? Are you afraid to speak the truth on a site you started? “Hugely derivative” scratches the surface on the copying that took place. THE TITLE HOOK PHRASE IS COPIED NOTE FOR NOTE FROM BOTH SONGS YOU CITED. PERIOD.

If permission was granted, it’s legal. If permission was not granted, it’s copyright infringement.

If any of you are reading my comments, man up . . . listen to all three songs and say something.

Or are you too afraid? I wasn’t afraid of Tom Petty and came out with articles read around the world. Did they sue me? No . . . because I spoke the truth.

All comments made about this song are IRRELEVANT if the song was copied in the first place. Does anyone have the courage to listen CLOSELY to all three songs and comment on the copying that took place?

Do you have courage like Richie to speak the truth? Yes or no? How about you Andrew? Do you have the courage to go beyond “hugely derivative?”

Richie got it. How about the rest of you? There should be thousands of comments on this and other sites about the copying that took place. This is America. Are you going to let this happen without saying something? Fear not.

By: Jim Wagner

Jim Wagner — Thu, 17 May 2012 07:45:20 +0000

Andrew started this thread stating the song is “hugely derivative” citing the prior songs “You Only Live Twice” and “Midnight Cowboy.” Ritchie was more correct in stating “the main chorus is definately stolen from Bond” in the song “You Only Live Twice.” Both of you are right. The truth is that the title hook phrase “that’s why God made the radio” copies the melody of “You Only Live Twice” and “MIdnight Cowboy” by John Barry.

There’s nothing legally that can be done against the truth. Listen closely to all three songs on you tube and speak out on this thread. It amazes me that people are not commenting on the copying that took place whether conscious or sub-conscious. It’s so obvious. Just listen.

By: Jim Wagner

Jim Wagner — Sat, 12 May 2012 16:15:08 +0000

Someone needs to start a new thread with this title:

Does “That Why God Made the Radio” copy “You Only Live Twice” and “Midnight Cowboy?”

And then let the public voice their opinions . . .