re: THE BIG OLDIES MUSIC NEWS STORY OF THE WEEK:
Well, it's gotta be this one ...
In fact, at least 50 of our readers sent in stories, links and commentary regarding The Turtles' Royalties Lawsuit ...
I'm just not sure I totally get it.
On the one hand, I think it's great that the artists who recorded all of this great music that we love will now be compensated for the music they made prior to 1972 ... but if the end result is that radio simply stops playing pre-1972 music as a result, then this is by no means a victory ... tracks from this era are already being heard less and less. (Besides, I was always under the impression that none of these artists were making any money off their old recordings anyway because they'd all been screwed over by the record labels years ago! Perhaps this victory puts this long-repeated myth to rest???)
Well, it's gotta be this one ...
In fact, at least 50 of our readers sent in stories, links and commentary regarding The Turtles' Royalties Lawsuit ...
I'm just not sure I totally get it.
On the one hand, I think it's great that the artists who recorded all of this great music that we love will now be compensated for the music they made prior to 1972 ... but if the end result is that radio simply stops playing pre-1972 music as a result, then this is by no means a victory ... tracks from this era are already being heard less and less. (Besides, I was always under the impression that none of these artists were making any money off their old recordings anyway because they'd all been screwed over by the record labels years ago! Perhaps this victory puts this long-repeated myth to rest???)
I may have to talk to Howard and Mark directly on this one to get a better understanding and perspective of just what this "victory" really means ... in the long haul ... once all points are taken into consideration. (kk)
The Turtles Deal Big Blow To Sirius In $100M Royalties Fight
(Law360, Los Angeles September 22, 2014, 11:27 PM ET) -- Members of the rock band the Turtles scored a major win in their $100 million royalties class action against Sirius XM Radio Inc. on Monday when a California federal judge ruled Sirius infringed copyrights by broadcasting songs recorded before 1972 without paying royalties for performance of the recording.
U.S. District Judge Philip Gutierrez determined Sirius is liable for infringement on a key issue: the public performance of songs recorded before 1972 — songs that aren’t covered by federal copyright law — but found there were still triable ...
Does the satellite radio giant have rights to broadcast sound recordings made before 1972?
Fallout could mean Sirius could conceivably stop a lot of classic rock being played on SiriusXM.
(Hollywood Reporter 8/2/14)
Enjoy an old rock tune on satellite radio lately? A new proposed class action raises the theory that SiriusXM has infringed millions of these older recordings from thousands of artists. Damages are alleged to be at least $100 million, but for a company that last reported quarterly revenues of $940 million, the attorneys representing the plaintiff believe that damage figure to be on the conservative side. The lead plaintiffs in the case are Flo & Eddie of The Turtles, the iconic band whose hits include "Happy Together," "It Ain't Me Babe" and "She'd Rather Be With Me." The band has a history of bringing big cases, but the reason why this lawsuit, filed in L.A. Superior Court, commands notice comes down to the magical number of 1972.
Feb. 15, 1972, is the exact day on which sound recordings began falling under federal copyright protection. For recorded music created before then, the situation is a bit more murky. The question this lawsuit addresses is: What laws cover those recordings?
Every day, SiriusXM transmits thousands of pre-1972 recordings and does so likely with the confidence that §114 of the Copyright Act gives them this authority. That statute carves out limitations on exclusive rights and also sets up the way that owners of recordings get compensated. Currently, the Copyright Royalty Board is the entity that sets statutory royalty rates for satellite radio, and SoundExchange is the entity that collects the royalties to pass along.
But it is the contention of Flo & Eddie, representing themselves and others similarly situated, that federal law can't be relied upon when dealing with pre-'72 music on satellite radio. Here's the complaint, filed on Thursday. Among the cases that could support this theory is Goldstein v. California, a 1972 U.S. Supreme Court Case dealing with a piracy dispute that gave deference to state laws. The ruling held, "Until and unless Congress takes further action with respect to recordings fixed prior to February 15, 1972, the California statute may be enforced against acts of piracy such as those which occurred in the present case."
In the present action, the plaintiffs assert misappropriation under California law as well as unfair competition and conversion. Those claims were recently tested in favor of record label plaintiffs in a California case against BlueBeat, a website that attempted to use §114 to, among other things, sell 25 cent songs from The Beatles. A judge found BlueBeat liable for misappropriation of pre-'72 recordings.
If there is another reason why Sirius should be concerned that state laws aren't pre-empted by federal statutes that confer upon it distribution rights, a case decided earlier this year by a New York appeals court might give the satellite giant some pause. There, appeals judges held that music streaming site Grooveshark couldn't take advantage of DMCA safe harbors -- another federal law -- to defend against charges of pirating pre-'72 sound recordings. A different jurisdiction, and dealing with digital rather than satellite distribution, but in the wake of that ruling, many legal commentators warned that all hell could break loose when determining liability on older recordings.
Now, The Turtles are stepping up to give Sirius a major challenge.
This isn't the first legal fight for the band.
In 1971, they sued their record label, White Whale, for accounting irregularities, and wound up recovering rights to their original masters. Years later, they brought one of the first "sampling" lawsuits against De La Soul. They've also sued record pirates and brought claims against advertisers for using their voices without authorization in commercials. They are now being represented by Henry Gradstein and other attorneys at Gradstein & Marzano.
Besides hundreds of millions of dollars, the plaintiffs are demanding an injunction against the defendant distributing pre-'72 recordings. The lawsuit could conceivably stop a lot of classic rock and jazz being played on SiriusXM.
Sirius/XM Satellite Radio and other digital music providers were handed a major blow on Monday when a U.S. District Judge in California sided with Howard Kaylan and Mark Volman (aka Flo and Eddie) in their suit alleging that the radio service had to pay performance royalties on the music of their band the Turtles.
The decision could have far reaching effects to the streaming and satellite industries who have contended that they did not have to pay royalties on records made prior to February 1972, meaning they were able to play the entire Beatles catalog, much of Motown's biggest, most of Elvis Presley's songs along with those of hundreds of other artists like the Turtles without paying any money to the artists.
A summary judgement was issued by U.S. District Judge Philip Gutierrez saying that Sirius played 15 recordings by the Turtles made prior to 1972 without paying royalties in lieu of California state law. The damages to be awarded will be announced at a later date. Kaylen and Volman were seeking $100 million.
The ruling could have a domino effect within the industry that could include subscription price hikes and/or the reduction of pre-1972 music played on the services. This is, of course, if the ruling stands as it is almost certain that Sirius will appeal.
The next step for these artists, along with modern ones, is to break the long standing exemption of AM and FM radio in paying royalties to artists. Currently satellite and streaming services pay both the royalties to publishers/songwriters and artists. AM and FM stations only pay the publishers/songwriters, avoiding the artists based on the theory that they are performing a service by advertising their recordings when they are played.
In a ruling with far-reaching consequences, Flo & Eddie of The Turtles convince a judge that their public performance rights were violated
A California federal judge has delivered a legal earthquake in the music industry by declaring Flo & Eddie of The Turtles the victors in a lawsuit against SiriusXM over the public performance of pre-1972 sound recordings. The plaintiffs are seeking $100 million in damages, but the money is hardly the only consequence of a ruling on Monday that could eventually disrupt the operations of the satellite radio giant as well as other services like Pandora.
The lawsuit was filed in August 2013 and dealt with music created before sound recordings began falling under federal copyright protection. Flo & Eddie aimed to punish SiriusXM for not seeking authorization nor paying royalties on hit songs like "Happy Together," "It Ain't Me Babe" and "She'd Rather Be With Me," while the satcaster warned that interpreting state laws to cover public performance "would radically overturn decades of settled practice."
U.S. District Judge Philip Gutierrez, who previously acknowledged that the case "could have far-reaching effects," has elected to grant summary judgment to the plaintiffs on the issue of whether SiriusXM violates public performance rights.
In reaching the conclusion, the judge examines a California law that was enacted in 1982 and meant to address pre-1972 recordings. The statute was silent on whether “exclusive ownership” of pre-1972 sound recordings carries within it the exclusive right to publicly perform the recording. As such, the judge had to determine whether California's law was inclusive or exclusive — and the judge's reading of the law is that other than the exception for cover songs, there's nothing exclusive about it.
Judge Gutierrez writes he "infers that the legislature did not intend to further limit ownership rights, otherwise it would have indicated that intent explicitly."
SiriusXM failed to persuade the judge that California's law was ambiguous in the wake of the passage of new federal copyright law and also struck out in its contention that decades of television and radio broadcasters, restaurant and bar owners, website operators and others exploiting pre-72 music supported its interpretation of the law.
The plaintiffs, represented by Harvey Geller and Henry Gradstein at Gradstein & Marzano, pointed to two prior cases including one ruling that dealt with a website that sold 25 cent songs from The Beatles, for the proposition that precedent supported their cause.
"Although the breadth and specificity of cases acknowledging that exclusive ownership of a sound recording includes the right to publicly perform the recording are slight, Defendant has not directed the Court to a single case cutting against the right to public performance, even implicitly or in dicta," writes the judge. Judge Gutierrez won't go so far to grant the plaintiffs a summary judgment win on the issue of whether SiriusXM violated reproduction rights by copying recordings on servers and through on-demand offerings. He writes that the plaintiffs still need to show more evidence on this.
But overall, this is a whopping ruling with consequences almost impossible to overstate. In the short term, the ruling will likely be appealed as the plaintiffs eye a trial that will determine the awarding of damages. In the long term, it could compel SiriusXM, Pandora and many in the tech industry to strongly lobby Congress for new copyright laws that cover pre-1972 recordings. The ruling also will — or should — be read closely by other businesses including terrestrial radio operators and bars that publicly perform older music.
SiriusXM is facing another lawsuit from the RIAA in California as well as more lawsuits from Flo & Eddie in other states. Pandora is also facing a lawsuit by record labels in New York. And the ruling potentially opens the floodgates to more litigation on the issue of pre-1972 music.
-- Eriq Gardner / The Hollywood Reporter
Posted on Ron Smith's Oldies Music Website:
This may be a lightning strike for all time: the Central District Court of California has ruled against Sirius XM and for Flo & Eddie, aka The Turtles, over not paying for playing pre-1972 music on the satellite radio station. Sirius up til now has not paid royalties for any music prior to 1972, claiming that it was exempt by law. This means for the Turtles, for example, that every time Happy Together or Elenore were heard on a Sirius channel, it was free.
And this pertains just about to every track heard on Sirius that was a hit before February 1972, from Elvis to the Beatles to most of Motown, etc. Everything. Judge Philip Guitierrez has done something that was unthinkable, and is certain to cause tidal waves through the radio and music industries today.
This may be the line from the judge's decree that echoes all over the place: On undisputed facts, Sirius XM publicly performs Flo & Eddie's sound recordings without authorization to do so. At minimum, Flo & Eddie was injured by Sirius XM's conduct in the form of foregone licensing or royalty payments that Sirius XM should have paid before publicly performing Flo & Eddie's recordings.
When lawyers get hold of this, the consequences could be enormous. This ruling could apply to all of the pre-1972 recordings for which Sirius has no authorization. Like, all of them. If you're a fan of the 50s, 60s, or 70s stations, or Soul MoTown, there may be a problem soon enough. The Court found that such public performance constitutes a violation of Cal. Civ. Code 980(a)(2)
U.S. District Judge Philip Gutierrez determined Sirius is liable for infringement on a key issue: the public performance of songs recorded before 1972 — songs that aren’t covered by federal copyright law — but found there were still triable ...
Does the satellite radio giant have rights to broadcast sound recordings made before 1972?
Fallout could mean Sirius could conceivably stop a lot of classic rock being played on SiriusXM.
(Hollywood Reporter 8/2/14)
Enjoy an old rock tune on satellite radio lately? A new proposed class action raises the theory that SiriusXM has infringed millions of these older recordings from thousands of artists. Damages are alleged to be at least $100 million, but for a company that last reported quarterly revenues of $940 million, the attorneys representing the plaintiff believe that damage figure to be on the conservative side. The lead plaintiffs in the case are Flo & Eddie of The Turtles, the iconic band whose hits include "Happy Together," "It Ain't Me Babe" and "She'd Rather Be With Me." The band has a history of bringing big cases, but the reason why this lawsuit, filed in L.A. Superior Court, commands notice comes down to the magical number of 1972.
Feb. 15, 1972, is the exact day on which sound recordings began falling under federal copyright protection. For recorded music created before then, the situation is a bit more murky. The question this lawsuit addresses is: What laws cover those recordings?
Every day, SiriusXM transmits thousands of pre-1972 recordings and does so likely with the confidence that §114 of the Copyright Act gives them this authority. That statute carves out limitations on exclusive rights and also sets up the way that owners of recordings get compensated. Currently, the Copyright Royalty Board is the entity that sets statutory royalty rates for satellite radio, and SoundExchange is the entity that collects the royalties to pass along.
But it is the contention of Flo & Eddie, representing themselves and others similarly situated, that federal law can't be relied upon when dealing with pre-'72 music on satellite radio. Here's the complaint, filed on Thursday. Among the cases that could support this theory is Goldstein v. California, a 1972 U.S. Supreme Court Case dealing with a piracy dispute that gave deference to state laws. The ruling held, "Until and unless Congress takes further action with respect to recordings fixed prior to February 15, 1972, the California statute may be enforced against acts of piracy such as those which occurred in the present case."
In the present action, the plaintiffs assert misappropriation under California law as well as unfair competition and conversion. Those claims were recently tested in favor of record label plaintiffs in a California case against BlueBeat, a website that attempted to use §114 to, among other things, sell 25 cent songs from The Beatles. A judge found BlueBeat liable for misappropriation of pre-'72 recordings.
If there is another reason why Sirius should be concerned that state laws aren't pre-empted by federal statutes that confer upon it distribution rights, a case decided earlier this year by a New York appeals court might give the satellite giant some pause. There, appeals judges held that music streaming site Grooveshark couldn't take advantage of DMCA safe harbors -- another federal law -- to defend against charges of pirating pre-'72 sound recordings. A different jurisdiction, and dealing with digital rather than satellite distribution, but in the wake of that ruling, many legal commentators warned that all hell could break loose when determining liability on older recordings.
Now, The Turtles are stepping up to give Sirius a major challenge.
This isn't the first legal fight for the band.
In 1971, they sued their record label, White Whale, for accounting irregularities, and wound up recovering rights to their original masters. Years later, they brought one of the first "sampling" lawsuits against De La Soul. They've also sued record pirates and brought claims against advertisers for using their voices without authorization in commercials. They are now being represented by Henry Gradstein and other attorneys at Gradstein & Marzano.
Besides hundreds of millions of dollars, the plaintiffs are demanding an injunction against the defendant distributing pre-'72 recordings. The lawsuit could conceivably stop a lot of classic rock and jazz being played on SiriusXM.
Sirius/XM Satellite Radio and other digital music providers were handed a major blow on Monday when a U.S. District Judge in California sided with Howard Kaylan and Mark Volman (aka Flo and Eddie) in their suit alleging that the radio service had to pay performance royalties on the music of their band the Turtles.
The decision could have far reaching effects to the streaming and satellite industries who have contended that they did not have to pay royalties on records made prior to February 1972, meaning they were able to play the entire Beatles catalog, much of Motown's biggest, most of Elvis Presley's songs along with those of hundreds of other artists like the Turtles without paying any money to the artists.
A summary judgement was issued by U.S. District Judge Philip Gutierrez saying that Sirius played 15 recordings by the Turtles made prior to 1972 without paying royalties in lieu of California state law. The damages to be awarded will be announced at a later date. Kaylen and Volman were seeking $100 million.
The ruling could have a domino effect within the industry that could include subscription price hikes and/or the reduction of pre-1972 music played on the services. This is, of course, if the ruling stands as it is almost certain that Sirius will appeal.
The next step for these artists, along with modern ones, is to break the long standing exemption of AM and FM radio in paying royalties to artists. Currently satellite and streaming services pay both the royalties to publishers/songwriters and artists. AM and FM stations only pay the publishers/songwriters, avoiding the artists based on the theory that they are performing a service by advertising their recordings when they are played.
In a ruling with far-reaching consequences, Flo & Eddie of The Turtles convince a judge that their public performance rights were violated
A California federal judge has delivered a legal earthquake in the music industry by declaring Flo & Eddie of The Turtles the victors in a lawsuit against SiriusXM over the public performance of pre-1972 sound recordings. The plaintiffs are seeking $100 million in damages, but the money is hardly the only consequence of a ruling on Monday that could eventually disrupt the operations of the satellite radio giant as well as other services like Pandora.
The lawsuit was filed in August 2013 and dealt with music created before sound recordings began falling under federal copyright protection. Flo & Eddie aimed to punish SiriusXM for not seeking authorization nor paying royalties on hit songs like "Happy Together," "It Ain't Me Babe" and "She'd Rather Be With Me," while the satcaster warned that interpreting state laws to cover public performance "would radically overturn decades of settled practice."
U.S. District Judge Philip Gutierrez, who previously acknowledged that the case "could have far-reaching effects," has elected to grant summary judgment to the plaintiffs on the issue of whether SiriusXM violates public performance rights.
In reaching the conclusion, the judge examines a California law that was enacted in 1982 and meant to address pre-1972 recordings. The statute was silent on whether “exclusive ownership” of pre-1972 sound recordings carries within it the exclusive right to publicly perform the recording. As such, the judge had to determine whether California's law was inclusive or exclusive — and the judge's reading of the law is that other than the exception for cover songs, there's nothing exclusive about it.
Judge Gutierrez writes he "infers that the legislature did not intend to further limit ownership rights, otherwise it would have indicated that intent explicitly."
SiriusXM failed to persuade the judge that California's law was ambiguous in the wake of the passage of new federal copyright law and also struck out in its contention that decades of television and radio broadcasters, restaurant and bar owners, website operators and others exploiting pre-72 music supported its interpretation of the law.
The plaintiffs, represented by Harvey Geller and Henry Gradstein at Gradstein & Marzano, pointed to two prior cases including one ruling that dealt with a website that sold 25 cent songs from The Beatles, for the proposition that precedent supported their cause.
"Although the breadth and specificity of cases acknowledging that exclusive ownership of a sound recording includes the right to publicly perform the recording are slight, Defendant has not directed the Court to a single case cutting against the right to public performance, even implicitly or in dicta," writes the judge. Judge Gutierrez won't go so far to grant the plaintiffs a summary judgment win on the issue of whether SiriusXM violated reproduction rights by copying recordings on servers and through on-demand offerings. He writes that the plaintiffs still need to show more evidence on this.
But overall, this is a whopping ruling with consequences almost impossible to overstate. In the short term, the ruling will likely be appealed as the plaintiffs eye a trial that will determine the awarding of damages. In the long term, it could compel SiriusXM, Pandora and many in the tech industry to strongly lobby Congress for new copyright laws that cover pre-1972 recordings. The ruling also will — or should — be read closely by other businesses including terrestrial radio operators and bars that publicly perform older music.
SiriusXM is facing another lawsuit from the RIAA in California as well as more lawsuits from Flo & Eddie in other states. Pandora is also facing a lawsuit by record labels in New York. And the ruling potentially opens the floodgates to more litigation on the issue of pre-1972 music.
-- Eriq Gardner / The Hollywood Reporter
Posted on Ron Smith's Oldies Music Website:
This may be a lightning strike for all time: the Central District Court of California has ruled against Sirius XM and for Flo & Eddie, aka The Turtles, over not paying for playing pre-1972 music on the satellite radio station. Sirius up til now has not paid royalties for any music prior to 1972, claiming that it was exempt by law. This means for the Turtles, for example, that every time Happy Together or Elenore were heard on a Sirius channel, it was free.
And this pertains just about to every track heard on Sirius that was a hit before February 1972, from Elvis to the Beatles to most of Motown, etc. Everything. Judge Philip Guitierrez has done something that was unthinkable, and is certain to cause tidal waves through the radio and music industries today.
This may be the line from the judge's decree that echoes all over the place: On undisputed facts, Sirius XM publicly performs Flo & Eddie's sound recordings without authorization to do so. At minimum, Flo & Eddie was injured by Sirius XM's conduct in the form of foregone licensing or royalty payments that Sirius XM should have paid before publicly performing Flo & Eddie's recordings.
When lawyers get hold of this, the consequences could be enormous. This ruling could apply to all of the pre-1972 recordings for which Sirius has no authorization. Like, all of them. If you're a fan of the 50s, 60s, or 70s stations, or Soul MoTown, there may be a problem soon enough. The Court found that such public performance constitutes a violation of Cal. Civ. Code 980(a)(2)
re: THE SATURDAY SURVEYS:
Nice Canadian representation on the two KLMS charts ... 5 1/2 on the September 20, 1970 chart. The half is Blood, Sweat & Tears lead singer David Clayton-Thomas.
1. Anne Murray at # 3 with "Snowbird", written by Canadian Gene McLellan (who also wrote "Put Your Hand In The Hand" that Ocean successfully recorded.
2. The Poppy Family (Susan and Terry Jacks) at # 9 with "That's Where I Went Wrong".
2.5. The Guess Who with # 17 "Hand Me Down World".
3. DC-T & BS&T at # 25 with "Hi De Ho". I've attached a 1966 song David had a big hit with here in Canada (# 6 on the CHUM chart) called "Brainwashed". It's about the war in Vietnam as well as censorship. There's a beep over the word 'damn' and listeners called the radio stations demanding they not censor the song. Turns out that the producer / Roman Records founder, CHUM DJ Duff Roman and DCT put that beep in at the studio during the session to show the hypocrisy of censorship.
4. Montreal's Mashmakan debuted at # 26 with "As The Years Go By" (One of my all time faves as well, Kent)
5. Steppenwolf at # 27 with "Screaming Night Hog". I had to get out Steppenwolf's Greatest Hits CD to recall that one. This group became Steppenwolf after German born (but living in Canada) John Kay and a group called Sparrow joined forces.
On the September 20, 1974, KLMS chart, flying the Canadian flag, we also have 5 1/2. Tommy Chong of Cheech & Chong is the 1/2 in this case.
1. Montreal's Andy Kim with "Rock Me Gently" at # 2
2. The Guess Who with "Clap For The Wolfman" at # 3
3. Paul Anka at # 5 with "(You're) Having My Baby". Even though Anka left Canada for the U.S. very early on in his career, he continues to have dual citizenship. There's a Paul Anka Drive named for him in his hometown of Ottawa.
3.5. Cheech & Chong's "Earache My Eye" at # 16. Tommy Chong, born in Edmonton, Alberta, who eventually settled in Vancouver was once a part of the group Bobby Taylor & The Vancouvers, who had a Billboard Hot 100 # 29 hit on Motown's Gordy label in 1968 called "Does Your Mama Know About Me". Jimi Hendrix played guitar with this group in 1963.
4. Joni Mitchell's "Free Man In Paris" at # 17. Joni was also born in Alberta but raised in Saskatchewan.
5. Steppenwolf at # 29 with "Straight Shootin' Woman". Again, I went to their Greatest Hits to check this one out.
Plus, in the 'New Singles' section, there's Bachman Turner Overdrive with "You Ain't Seen Nothin' Yet" and Gordon Lightfoot's "Carefree Highway".
Not bad having 1/6 of both charts from the Great White North.
Doug Thompson in Aurora (Ontario, not Illinois)
Nice Canadian representation on the two KLMS charts ... 5 1/2 on the September 20, 1970 chart. The half is Blood, Sweat & Tears lead singer David Clayton-Thomas.
1. Anne Murray at # 3 with "Snowbird", written by Canadian Gene McLellan (who also wrote "Put Your Hand In The Hand" that Ocean successfully recorded.
2. The Poppy Family (Susan and Terry Jacks) at # 9 with "That's Where I Went Wrong".
2.5. The Guess Who with # 17 "Hand Me Down World".
3. DC-T & BS&T at # 25 with "Hi De Ho". I've attached a 1966 song David had a big hit with here in Canada (# 6 on the CHUM chart) called "Brainwashed". It's about the war in Vietnam as well as censorship. There's a beep over the word 'damn' and listeners called the radio stations demanding they not censor the song. Turns out that the producer / Roman Records founder, CHUM DJ Duff Roman and DCT put that beep in at the studio during the session to show the hypocrisy of censorship.
4. Montreal's Mashmakan debuted at # 26 with "As The Years Go By" (One of my all time faves as well, Kent)
5. Steppenwolf at # 27 with "Screaming Night Hog". I had to get out Steppenwolf's Greatest Hits CD to recall that one. This group became Steppenwolf after German born (but living in Canada) John Kay and a group called Sparrow joined forces.
On the September 20, 1974, KLMS chart, flying the Canadian flag, we also have 5 1/2. Tommy Chong of Cheech & Chong is the 1/2 in this case.
1. Montreal's Andy Kim with "Rock Me Gently" at # 2
2. The Guess Who with "Clap For The Wolfman" at # 3
3. Paul Anka at # 5 with "(You're) Having My Baby". Even though Anka left Canada for the U.S. very early on in his career, he continues to have dual citizenship. There's a Paul Anka Drive named for him in his hometown of Ottawa.
3.5. Cheech & Chong's "Earache My Eye" at # 16. Tommy Chong, born in Edmonton, Alberta, who eventually settled in Vancouver was once a part of the group Bobby Taylor & The Vancouvers, who had a Billboard Hot 100 # 29 hit on Motown's Gordy label in 1968 called "Does Your Mama Know About Me". Jimi Hendrix played guitar with this group in 1963.
4. Joni Mitchell's "Free Man In Paris" at # 17. Joni was also born in Alberta but raised in Saskatchewan.
5. Steppenwolf at # 29 with "Straight Shootin' Woman". Again, I went to their Greatest Hits to check this one out.
Plus, in the 'New Singles' section, there's Bachman Turner Overdrive with "You Ain't Seen Nothin' Yet" and Gordon Lightfoot's "Carefree Highway".
Not bad having 1/6 of both charts from the Great White North.
Doug Thompson in Aurora (Ontario, not Illinois)
"Straight Shootin' Woman" by Steppenwolf is one of those songs that I think should have been a much bigger hit, had it only been given a chance. Unfortunately, when this record came out, Steppenwolf hadn't had a Top 40 Hit in over four years. This one DID manage to get up to #29 in Billboard ... not a bad showing ... but not a song most folks will remember either due to virtually NO airplay at all since it fell off the charts. (kk)
And the 50th Anniversary has FINALLY hit ...
Bob Merlis has been emailing us regularly about the ascent of "Oh, Pretty Woman" to the top of The Billboard Hot 100 Pop Singles Chart, right in the midst of The British Invasion (which we celebrate every Friday here in Forgotten Hits.)
Well today is FINALLY the day ... so we're going to celebrate for real this time!!! (lol)
Here you go, Bob!
Today is the 50th anniversary of Roy Orbison’s “Oh, Pretty Woman” going to #1 in Billboard where it stayed for three weeks in the midst of the 'British Invasion.' The record also topped the UK charts and went to #1 in Australia, Belgium, Canada, Germany, Ireland, Netherlands, Norway and Switzerland.
-- Bob Merlis / M.F.H.
-- Bob Merlis / M.F.H.
re: TWO-SIDED HITS:
Hi Kent,
Was just looking over the top 200 double-sided hits and had a couple of questions.
For some reason in my brain I remember having the Limbo Rock and Let's Limbo Some More by Chubby Checker on the same 45. Would have been around 1963. Am I crazy?
I guess this next one isn't a question but more of a ponder. I didn't see Make Me Smile and Color My World by Chicago either in the list or as an extra. I assume then that that double-sided monster didn't get close enough for either a mention or a listing. That surprised me since that's when Color My World got lots of airplay as I recall.
Then again I was living in North Dakota at the time.
Bill
If you had "Limbo Rock" and "Let's Limbo Some More" on the same 45 it was probably one of those "solid gold" reissue singles that came out later. (Even ABKCO had two-sided hit singles for awhile before they locked everything away in the vault.) The B-Side of "Limbo Rock" (in its original release anyway) was "Popeye The Hitch-Hiker", a two-sided hit in 1962. (Both sides of that record made Billboard's Top Ten). The flipside of "Let's Limbo Some More" was Twenty Miles" ... and both sides of this record ALSO made Billboard's Top 20.
As for "Make Me Smile" / "Colour My World", technically it IS on the list. "Colour My World" was released as a Chicago B-Side TWICE ... first as the flipside of "Make Me Smile" (where it didn't chart ... and it is THIS version that falls at #31 on The Top 200 Favorite, Forgotten B-Sides list ... although I can hardly consider "Colour My World" "forgotten" ... EVERYBODY knows this song ... yet Chicago only released it on the B-Side.) It was then again a year later as the B-Side to "Beginnings", a Top Ten smash. Since both sides of this record charted together in Billboard, it disqualified "Colour My World" from our "forgotten b-sides" list for this issue ... but this two-sided hit IS listed on our "Top 200 Two-Sided Hits Of All-Time" list, which is also displayed here on the forgottenhits.com website. (It shows up in the honorable mention section ...incredibly it STILL didn't earn enough points to make the Top 200 cut-off!)
By the way, if you peruse that Top 200 Two-Sided Hits" a little further, you'll find "Limbo Rock" / "Popeye The Hitch-Hiker" at #14 and "Let's Limbo Some More" / "Twenty Miles" at #109! (kk)
Click here: Forgotten Hits - Your Top 200 Favorite, Forgotten B-Sides
Click
here: Forgotten Hits - The Top 200 BIGGEST TWO-SIDED HITS of All-Time
These two specialty lists have proven to be of high interest to Forgotten Hits readers over the years. (We've done several specialty countdowns around them as well.) The Top 200 Biggest Two-Sided Hits list was mathematically calculated by the accumulated points earned by BOTH sides of each record on the national charts. The Top 200 Favorite, Forgotten B-Sides list was purely subjective, and based on the votes and nominees of our readers. When all was said and done, over 65,000 votes were cast ... and these are the ones that have proven to be your favorites of all-time. (kk)
re: THIS AND THAT:
I caught a sneak of the GLEN CAMPBELL documentary this week in NYC, I'LL BE ME ... devastatingly brilliant! It'll be out on October 24. One of the best music docs I've ever seen.
- David Salidor
I've heard really good things about it, too, and can't wait to see it ... supposed to be very well done. (I still want to see the Boyce and Hart one, too!)
How do we get on the list for screening copies of these films? Forgotten Hits is the PERFECT vehicle with the key, target audience at our fingertips to help promote these types of releases ... it seems like we would be a natural with our fingers on the pulse of "oldies nation" right now. WE should be the ones (or at least ONE of the ones) letting people know about these hot new releases, specifically aimed at our "hot buttons"!!! Folks, let us help you to spread the word ... and put us on the list!!! (kk)
I caught a sneak of the GLEN CAMPBELL documentary this week in NYC, I'LL BE ME ... devastatingly brilliant! It'll be out on October 24. One of the best music docs I've ever seen.
- David Salidor
I've heard really good things about it, too, and can't wait to see it ... supposed to be very well done. (I still want to see the Boyce and Hart one, too!)
How do we get on the list for screening copies of these films? Forgotten Hits is the PERFECT vehicle with the key, target audience at our fingertips to help promote these types of releases ... it seems like we would be a natural with our fingers on the pulse of "oldies nation" right now. WE should be the ones (or at least ONE of the ones) letting people know about these hot new releases, specifically aimed at our "hot buttons"!!! Folks, let us help you to spread the word ... and put us on the list!!! (kk)
There are a few artists that are written about in Forgotten Hits that I have not been impressed with when I have met them or talked with them on the phone. I have always told myself that perhaps they were having a bad day and it is not fair to judge them on that one brief meeting. They get hounded by many for interviews and autographs and pictures. Bobby Vee, Paul Revere, Bobby Vinton, and Carl Perkins are among the best that I have ever been around.
In the case of Johnny Rivers, I have witnessed both sides of him. The first time I interviewed him it was nearly the worst ever in the hundreds of interviews that I have done. He answered one question with "I don't remember" and another with "who knows".
A few years later he was coming back through the area and his management called, wanting me to do a promotional interview. I really did not want to because I felt like I had been humiliated by him previously. The place that he was playing was an advertiser so I agreed to go through with it. This time he was very good and had total recall and was very respectful of every question and did not make me feel like I was asking stupid questions. His show that night was one of the best that you will see. We have played some of his recent songs. The American Dream from 2010, and New Home from 2011 are both very good.
Phil - WRCO
In the case of Johnny Rivers, I have witnessed both sides of him. The first time I interviewed him it was nearly the worst ever in the hundreds of interviews that I have done. He answered one question with "I don't remember" and another with "who knows".
A few years later he was coming back through the area and his management called, wanting me to do a promotional interview. I really did not want to because I felt like I had been humiliated by him previously. The place that he was playing was an advertiser so I agreed to go through with it. This time he was very good and had total recall and was very respectful of every question and did not make me feel like I was asking stupid questions. His show that night was one of the best that you will see. We have played some of his recent songs. The American Dream from 2010, and New Home from 2011 are both very good.
Phil - WRCO
I'd never seen Johnny perform before ... but have always been a fan. I think I was more disappointed by his attitude than his musical performance ... and based on the primarily negative comments we've received since our review first ran, this seems to be par for the course.
I just don't get it ... Johnny built his career doing live shows ... those early live singles and albums were the very foundation of his persona. You'd think after 40-50 years and literally THOUSANDS of live shows he'd be a bit more appreciative of the audience who has stuck by him for all this time. As you said, ANYBODY can have a bad day ... it just sounds to me like Johnny's had a whole bunch of them! (kk)
I just don't get it ... Johnny built his career doing live shows ... those early live singles and albums were the very foundation of his persona. You'd think after 40-50 years and literally THOUSANDS of live shows he'd be a bit more appreciative of the audience who has stuck by him for all this time. As you said, ANYBODY can have a bad day ... it just sounds to me like Johnny's had a whole bunch of them! (kk)
Kent:
Here's a new interview with Lightning Lou Christie.
- Tom Cuddy
http://hottytoddy.com/2014/09/22/pop-icon-master-songwriter-talks-to-hottytoddy-com/
Lou's been a hot topic here in Forgotten Hits lately ... in fact, he came up again in this week's edition of The Saturday Surveys, too! Thanks for sharing, Tom! (kk)
Kent? Hope?
This was posted on the British Invasion Concert Anniversary website:
THANK YOU! You made the British Invasion Tour a huge success. We'll have news of future shows here and where you can get the T-shirts, Record Bags and Posters from the tour if we didn't make it to your town. We truly appreciate your support.
Shelley
Now THAT would be awesome! Please keep us posted, Shelley! (Hoping that Ron Onesti is reading this!!!) kk
Congrats to Mike Edwards on his riff about the 60's and the 90's. Mike was truly spot on.
The 60's were so "wide open" ... so completely devoid of human resources departments and up tight radio general managers ... that we had more fun - by accident - than 20 years old kids have today.
The Flower Child Era set the tone.
Frankly, I find 2014 to be rather lackluster. Where are second tier bands like "Music Machine", "The Electric Prunes" and "Spirit"?
God, I miss the 60's, a decade that was beyond unique. 2014/15 is just too damn up tight for its own good ... Where are the next Beatles or the Stones?
Call them and tell them they are needed immediately.
Chet Coppock
Author: Chet Coppock: Laying it on the Line
The 60's were so "wide open" ... so completely devoid of human resources departments and up tight radio general managers ... that we had more fun - by accident - than 20 years old kids have today.
The Flower Child Era set the tone.
Frankly, I find 2014 to be rather lackluster. Where are second tier bands like "Music Machine", "The Electric Prunes" and "Spirit"?
God, I miss the 60's, a decade that was beyond unique. 2014/15 is just too damn up tight for its own good ... Where are the next Beatles or the Stones?
Call them and tell them they are needed immediately.
Chet Coppock
Author: Chet Coppock: Laying it on the Line
>>>I remember receiving a Herb Alpert album in the mail and found out someone sent in my high school photo and WCFL printed it on back of one of the surveys! Memories ... (Carolyn)
>>>How cool is that?!?! Do you have a copy? (If not, we can probably get one for you ... TONS of survey collectors on our list!) (kk)
Hi Kent -
In answer to your question, I do have copies of my WCFL Survey. How fortunate you are to have a
complete collection of both WCFL and WLS surveys!!! I remember looking forward to the records they had as "upcoming hits" ... and I still play my Herb Alpert album!
Please let the readers know when Brian Wilson's movie "Love and Mercy" will be released. Does it have Brian's complete approval?
When in doubt ask the Master ...
Carolyn
>>>How cool is that?!?! Do you have a copy? (If not, we can probably get one for you ... TONS of survey collectors on our list!) (kk)
Hi Kent -
In answer to your question, I do have copies of my WCFL Survey. How fortunate you are to have a
complete collection of both WCFL and WLS surveys!!! I remember looking forward to the records they had as "upcoming hits" ... and I still play my Herb Alpert album!
Please let the readers know when Brian Wilson's movie "Love and Mercy" will be released. Does it have Brian's complete approval?
When in doubt ask the Master ...
Carolyn
As far as I know there is no planned official release date of "Love And Mercy" here in The States. It has already played to Canadian audiences (more on the film festival circuit I think than anything else at this point) ... but both Brian and Melinda Wilson were there for the showing and my understanding is that they are both very happy with the results.
A quick check of IMDB shows it coming out next in Australia ... but still no US plans. (If word of mouth is good, I'm sure this will change ... and, as soon as we know something for sure, we'll let everybody else know, too.)
I asked David Beard, Editor and Publisher of "Endless Summer Quarterly", the ultimate Beach Boys / Brian Wilson fanzine, if HE had any inside information ... but still haven't heard anything back from him as of yet. Again, stay tuned! (kk)
A quick check of IMDB shows it coming out next in Australia ... but still no US plans. (If word of mouth is good, I'm sure this will change ... and, as soon as we know something for sure, we'll let everybody else know, too.)
I asked David Beard, Editor and Publisher of "Endless Summer Quarterly", the ultimate Beach Boys / Brian Wilson fanzine, if HE had any inside information ... but still haven't heard anything back from him as of yet. Again, stay tuned! (kk)
Speaking of The Beach Boys, here's more on Jeffrey Foskett's return to the fold ... the Mike Love / Bruce Johnston camp that is! (We first reported this several months ago ... and were quite surprised by this story then ... and now!) kk
Click here: Brian Wilson's 'Right-Hand Man' Switches Sides, Joins Beach Boys
Kent ...
Here's what the real Brooklyn Bridge looks like. That's my niece and nephew standing in front of The Brooklyn Bridge. My nephew just moved in to the area.
Click here: Brian Wilson's 'Right-Hand Man' Switches Sides, Joins Beach Boys
Kent ...
Here's what the real Brooklyn Bridge looks like. That's my niece and nephew standing in front of The Brooklyn Bridge. My nephew just moved in to the area.
Frank B.
OK, now send me one of them on The 59th Street Bridge (which inspired Paul Simon to write that great "Feelin' Groovy" song of his!!!) And then I think we should start a weekly "Where's Waldo" segment in Forgotten Hits! (kk)
Probably the best thing about Rupert Holmes' music is that he told a story in four minutes or less. In my view, his best song is "Morning Man," which struggled up to #68 back in 1980 and then vanished. It's the story of a couple of who are working opposite shifts and still make it work somehow. "Love triumphant" songs don't get a whole lot better than that!
-- 73 --
-- Jeff Duntemann
Colorado Springs, Colorado
-- 73 --
-- Jeff Duntemann
Colorado Springs, Colorado
Neil Diamond's got a new one with a familiar title ... "Nothing But A Heartache" ... and you can hear it right here, right now!
Next week Neil Diamond's concert will be held at a secret location in Brooklyn, N.Y. Scott Shannon is giving away tickets to this concert and he says even he doesn't know where it's being held.
I'm sure you'll have to take one of them "Brooklyn Roads" to get there.
Frank B.
I'm sure you'll have to take one of them "Brooklyn Roads" to get there.
Frank B.
Seems like all our '60's and '70's artists are getting on the "duets" bandwagon of late. Normally they just end up recutting newer, more contemporary versions of their own hits, utilizing a popular artist from today as a duet partner in an effort to make their music still sound fresh and relevant.
Well, Barry Manilow is taking a different approach. He's releasing an album of duets featuring artists who have long since left us ... and singing songs NOT from his own catalog but from THEIRS.
Check out this track list:
The Song's Gotta Come From The Heart with Jimmy Durante
Goody Goody with Frankie Lymon
Dream A Little Dream Of Me with Mama Cass
I Believe In You And Me with Whitney Houston
Sunshine On My Shoulders with John Denver
Zing! Went The Strings Of My Heart with Judy Garland
Moon River with Andy Williams
The Look Of Love with Dusty Springfield
The Candy Man with Sammy Davis, Jr.
I Wanna Be Loved By You with Marilyn Monroe
What A Wonderful World / What A Wonderful Life with Louis Armstrong
More details here: Click here: Preview: "My Dream Duets" - Barry Manilow Duets With Eleven Singers From Beyond the Grave ~ VVN Music
Kent ...
I guess you can add this to the ever growing duets file. Slightly different take on this one though ... all of Barry's duet partners are dead.
Frank B.
Frank B.
Probably lots less "compromising" in the studio when you do it this way 'tho! (kk)
Yusuf Islam (aka Cat Stevens ... and apparently now just "Yusuf" ... and NOT "the artist formerly known as 'Cat'" ) cancelled what would have been his first live performance in New York City due to scalpers charging exorbitant amounts of money for tickets to his concert. The Cat Man is scheduled to hit Chicago for a show at The Chicago Theatre on December 9th. No official word yet on whether any other show on this tour were being cancelled or if this was just an isolated incident. (kk)
re: MIS-HEARD LYRICS:
OMG!!! Peter Kay is a riot ... I laughed until I cried and for the next few hours every time I thought about the clip I laughed until I almost cried again. I really love that he does his own choreography ... who would have guessed?
Stacee
LMAOOOOOO!!! This is frickin' hilarious!!!
Nicki
Fifteen or twenty years ago, Gavin Edwards wrote a series of several books of misheard lyrics, with little cartoons by Chris Kalb depicting the (absurd) concepts in the samples. And yes, once you read of a goofy lyric somebody else heard, you tend to hear it yourself. There's actually a word for the concept: "mondegreen," from a misheard lyric in an old Scottish ballad. "And laid him on the green" became "And Lady Mondegreen" in writer Sylvia Wright's head, so she coined the term.
Edwards' books are hilarious, and can be had on the used market for almost nothing.
See:
'Scuse me, While I Kiss This Guy
When a Man Loves a Walnut
He's Got the Whole World In His Pants
Deck the Halls With Buddy Holly (for Christmas songs)
I used to hear the line, "We have spirits delivering material" in a song by the Police that you can probably guess.
-- 73 --
-- Jeff Duntemann
Colorado Springs, Colorado
OMG!!! Peter Kay is a riot ... I laughed until I cried and for the next few hours every time I thought about the clip I laughed until I almost cried again. I really love that he does his own choreography ... who would have guessed?
Stacee
LMAOOOOOO!!! This is frickin' hilarious!!!
Nicki
Fifteen or twenty years ago, Gavin Edwards wrote a series of several books of misheard lyrics, with little cartoons by Chris Kalb depicting the (absurd) concepts in the samples. And yes, once you read of a goofy lyric somebody else heard, you tend to hear it yourself. There's actually a word for the concept: "mondegreen," from a misheard lyric in an old Scottish ballad. "And laid him on the green" became "And Lady Mondegreen" in writer Sylvia Wright's head, so she coined the term.
Edwards' books are hilarious, and can be had on the used market for almost nothing.
See:
'Scuse me, While I Kiss This Guy
When a Man Loves a Walnut
He's Got the Whole World In His Pants
Deck the Halls With Buddy Holly (for Christmas songs)
I used to hear the line, "We have spirits delivering material" in a song by the Police that you can probably guess.
-- 73 --
-- Jeff Duntemann
Colorado Springs, Colorado
re: COME ON, PEOPLE NOW, SMILE ON YOUR BROTHER ... EVERYBODY GET TOGETHER ... :
Have you ever thought about a Forgotten Hits get together for your loyal readers? We could all come to Chicago and go to one of the many cool concerts at your favorite venue. We could all crash at your place. Maybe I could try to get the station to bring in a couple of acts and you could come North to Wisconsin for a weekend. We could have a Forgotten Hits Woodstock.
Just some random early morning thoughts.
Phil - WRCO
Actually yeah, we have ... many times! I don't know if we'd round up enough people to fill The Arcada Theatre but I've even thought it through a bit further ... get about half a dozen of the acts on the list who regularly support Forgotten Hits to supply the entertainment ... rent the theater for the night ... offer discount tickets to Forgotten Hits subscribers and give it a go! (We could sell the remaining seats to the public who I'm sure would LOVE to see a rock and roll / oldies extravaganza such as this. And The Arcada could still make a few bucks on the concessions!)
Who knows ... might be worth talking about. Let's see what kind of response we get! (Plus it'd be a GREAT chance to finally meet some of these long-time readers!) kk
Have you ever thought about a Forgotten Hits get together for your loyal readers? We could all come to Chicago and go to one of the many cool concerts at your favorite venue. We could all crash at your place. Maybe I could try to get the station to bring in a couple of acts and you could come North to Wisconsin for a weekend. We could have a Forgotten Hits Woodstock.
Just some random early morning thoughts.
Phil - WRCO
Actually yeah, we have ... many times! I don't know if we'd round up enough people to fill The Arcada Theatre but I've even thought it through a bit further ... get about half a dozen of the acts on the list who regularly support Forgotten Hits to supply the entertainment ... rent the theater for the night ... offer discount tickets to Forgotten Hits subscribers and give it a go! (We could sell the remaining seats to the public who I'm sure would LOVE to see a rock and roll / oldies extravaganza such as this. And The Arcada could still make a few bucks on the concessions!)
Who knows ... might be worth talking about. Let's see what kind of response we get! (Plus it'd be a GREAT chance to finally meet some of these long-time readers!) kk
