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Author Topic: Mike's 2 new tracks on PBS Stuff  (Read 17735 times)
SMiLE Brian
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« Reply #50 on: November 03, 2016, 11:18:29 AM »

The subtext is Filleplage doesn't have any sense! LOL
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And production aside, I’d so much rather hear a 14 year old David Marks shred some guitar on Chug-a-lug than hear a 51 year old Mike Love sing about bangin some chick in a swimming pool.-rab2591
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« Reply #51 on: November 03, 2016, 11:20:40 AM »

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« Reply #52 on: November 03, 2016, 11:26:38 AM »

So what are the exact BRI brand rules? It seems like the brand is being muddled by Mike using it to promo solo material with the examples of Pisces brothers, sloop john B, and the other recent tracks.
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And production aside, I’d so much rather hear a 14 year old David Marks shred some guitar on Chug-a-lug than hear a 51 year old Mike Love sing about bangin some chick in a swimming pool.-rab2591
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« Reply #53 on: November 03, 2016, 11:36:50 AM »

Mike can use the trademark solely for touring. It appears this includes selling merchandise at shows and online as well. Whether Mike is essentially a vendor of "BRI merchandise" or if he's having his own merchandise made under license, I don't know. If it's the latter, then that would technically mean that his license extends past literally nothing but live shows, and would extend into some level of merchandise.

There are obvious things he can't do, including recording and releasing music under the BB name (this would presumably include live recordings of his band).

So if he made a solo album, or had a solo "Mike Love" CD single of "Sloop John B", that would all be allowed assuming proper labeling (and again, assuming BRI doesn't put restrictions on what merchandise he sells at shows; assuming they don't, he can sell Bubble Yum and pruning shears at the merch stand if he wants).

This particular little USB thing is certainly muddier. Solo Mike Love recording on top of presumably licensed silent BB footage. Allowed? Probably technically I'm guessing.

Let's use another scenario. Mike sells a DVD of home video he shot of the Beach Boys on the road in the 1990s. He dubs all solo recordings over the footage. Can he do that? Probably. In that case, he might have to obtain releases from anyone in the footage.

But those old Capitol promo films perhaps don't require any new releases being signed or anything. Capitol owns the footage. Mike owns the solo recording. He puts the two together, and labels it (hopefully/presumably) as a "Mike Love" recording, perhaps mentioning it's on top of Beach Boys footage. Is this allowed? I guess BRI has to definitively answer that question.

In my 100% armchair opinion, this sort of thing would seem to be as actionable if not more so than Mike's 2004 suit regarding the freebie CD with a pic of the Beach Boys. Then again, Mike's lawsuit was laughed out of court.

My guess is that the easiest remedy for this, if BRI had a problem, would not be litigation but rather a reworking or clarification of the licensing agreement (assuming it doesn't already cover such scenarios).
« Last Edit: November 03, 2016, 11:40:59 AM by HeyJude » Logged

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« Reply #54 on: November 03, 2016, 12:47:54 PM »

Mike can use the trademark solely for touring. It appears this includes selling merchandise at shows and online as well. Whether Mike is essentially a vendor of "BRI merchandise" or if he's having his own merchandise made under license, I don't know. If it's the latter, then that would technically mean that his license extends past literally nothing but live shows, and would extend into some level of merchandise.

There are obvious things he can't do, including recording and releasing music under the BB name (this would presumably include live recordings of his band).

So if he made a solo album, or had a solo "Mike Love" CD single of "Sloop John B", that would all be allowed assuming proper labeling (and again, assuming BRI doesn't put restrictions on what merchandise he sells at shows; assuming they don't, he can sell Bubble Yum and pruning shears at the merch stand if he wants).

This particular little USB thing is certainly muddier. Solo Mike Love recording on top of presumably licensed silent BB footage. Allowed? Probably technically I'm guessing.

Let's use another scenario. Mike sells a DVD of home video he shot of the Beach Boys on the road in the 1990s. He dubs all solo recordings over the footage. Can he do that? Probably. In that case, he might have to obtain releases from anyone in the footage.

But those old Capitol promo films perhaps don't require any new releases being signed or anything. Capitol owns the footage. Mike owns the solo recording. He puts the two together, and labels it (hopefully/presumably) as a "Mike Love" recording, perhaps mentioning it's on top of Beach Boys footage. Is this allowed? I guess BRI has to definitively answer that question.

In my 100% armchair opinion, this sort of thing would seem to be as actionable if not more so than Mike's 2004 suit regarding the freebie CD with a pic of the Beach Boys. Then again, Mike's lawsuit was laughed out of court.

My guess is that the easiest remedy for this, if BRI had a problem, would not be litigation but rather a reworking or clarification of the licensing agreement (assuming it doesn't already cover such scenarios).

I really think that *if* there were anyone at BRI would would conceivably have a problem with it, that would only really come from Brian/Melinda. And truthfully, at this point, I don't think they even care enough to bring a suit. That's very much a Mike Love thing to do, when he feels threatened like Cornholio. "Brian, are you threatening me?" I just don't think that Brian would want to bring a suit to stop Mike from doing this, because so few people even know about the USB stick (outside of this board), and really, is it worth the aggravation to get embroiled in a legal mess with a known litigious person?

I could easily see Mike "getting away" with this type of stuff (despite it being laughably hypocritical compared to his 2005 lawsuit, which he likely wishes the non-mention in his bio could make any associated embarrassment from losing such a suit simply not exist) simply because nobody *cares* on the BRI side anymore. The brand name has been pimped out so, so, so much over the years, I really think it just doesn't really matter, or if it matters, it isn't worth the aggravation at Brian's age to deal with it legally. I assume there's an element of "let the baby have his bottle" to the inaction.
« Last Edit: November 03, 2016, 12:49:24 PM by CenturyDeprived » Logged
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« Reply #55 on: November 03, 2016, 01:36:05 PM »

OK, that's confirmed. I don't own this item as I said, but are there other similar examples and what are they? GV has been mentioned too...did they remake that one as well and put it on old film footage?

There’s only one file on the USB drive and it’s that “Sloop” video.

Actually, there are two videos on the USB drive.  One is the "Sloop" video, the other is the 6 minute video that has been played at the beginning of every show on the 2016 tour.
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« Reply #56 on: November 03, 2016, 01:42:05 PM »

OK, that's confirmed. I don't own this item as I said, but are there other similar examples and what are they? GV has been mentioned too...did they remake that one as well and put it on old film footage?

There’s only one file on the USB drive and it’s that “Sloop” video.

Actually, there are two videos on the USB drive.  One is the "Sloop" video, the other is the 6 minute video that has been played at the beginning of every show on the 2016 tour.

Not on my copy  Sad
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« Reply #57 on: November 03, 2016, 01:43:16 PM »

Best USB ever

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« Reply #58 on: November 03, 2016, 03:01:48 PM »

Mike can use the trademark solely for touring. It appears this includes selling merchandise at shows and online as well. Whether Mike is essentially a vendor of "BRI merchandise" or if he's having his own merchandise made under license, I don't know. If it's the latter, then that would technically mean that his license extends past literally nothing but live shows, and would extend into some level of merchandise.

There are obvious things he can't do, including recording and releasing music under the BB name (this would presumably include live recordings of his band).

So if he made a solo album, or had a solo "Mike Love" CD single of "Sloop John B", that would all be allowed assuming proper labeling (and again, assuming BRI doesn't put restrictions on what merchandise he sells at shows; assuming they don't, he can sell Bubble Yum and pruning shears at the merch stand if he wants).

This particular little USB thing is certainly muddier. Solo Mike Love recording on top of presumably licensed silent BB footage. Allowed? Probably technically I'm guessing.

Let's use another scenario. Mike sells a DVD of home video he shot of the Beach Boys on the road in the 1990s. He dubs all solo recordings over the footage. Can he do that? Probably. In that case, he might have to obtain releases from anyone in the footage.

But those old Capitol promo films perhaps don't require any new releases being signed or anything. Capitol owns the footage. Mike owns the solo recording. He puts the two together, and labels it (hopefully/presumably) as a "Mike Love" recording, perhaps mentioning it's on top of Beach Boys footage. Is this allowed? I guess BRI has to definitively answer that question.

In my 100% armchair opinion, this sort of thing would seem to be as actionable if not more so than Mike's 2004 suit regarding the freebie CD with a pic of the Beach Boys. Then again, Mike's lawsuit was laughed out of court.

My guess is that the easiest remedy for this, if BRI had a problem, would not be litigation but rather a reworking or clarification of the licensing agreement (assuming it doesn't already cover such scenarios).

I really think that *if* there were anyone at BRI would would conceivably have a problem with it, that would only really come from Brian/Melinda. And truthfully, at this point, I don't think they even care enough to bring a suit. That's very much a Mike Love thing to do, when he feels threatened like Cornholio. "Brian, are you threatening me?" I just don't think that Brian would want to bring a suit to stop Mike from doing this, because so few people even know about the USB stick (outside of this board), and really, is it worth the aggravation to get embroiled in a legal mess with a known litigious person?

I could easily see Mike "getting away" with this type of stuff (despite it being laughably hypocritical compared to his 2005 lawsuit, which he likely wishes the non-mention in his bio could make any associated embarrassment from losing such a suit simply not exist) simply because nobody *cares* on the BRI side anymore. The brand name has been pimped out so, so, so much over the years, I really think it just doesn't really matter, or if it matters, it isn't worth the aggravation at Brian's age to deal with it legally. I assume there's an element of "let the baby have his bottle" to the inaction.

A question for the legal experts: couldn't taking the "we don't care enough to go to court" approach in such a small matter come  back to haunt Brian in the future?  Aren't there states or situations where not pursuing a lawsuit in one instance but pursuing it in a similar instance later on negates the latter lawsuit?  I am sure there is a name for this but I don't recall what it is.  Could this be such a case?

EoL
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« Reply #59 on: November 03, 2016, 03:02:42 PM »

In the interest of sharing what information I have about how things were labeled, here’s what the USB drive looks like:



Here’s how the drive shows up on my computer:


Here’s the contents of the drive:


Here’s the metadata on the video:

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« Reply #60 on: November 03, 2016, 03:30:05 PM »

That branding of the BBs with Mike's music is confusing.....
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And production aside, I’d so much rather hear a 14 year old David Marks shred some guitar on Chug-a-lug than hear a 51 year old Mike Love sing about bangin some chick in a swimming pool.-rab2591
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« Reply #61 on: November 03, 2016, 03:36:51 PM »

In the interest of sharing what information I have about how things were labeled, here’s what the USB drive looks like:



Here’s how the drive shows up on my computer:


Here’s the contents of the drive:


Here’s the metadata on the video:



So that hippie-style poster art for GV with Mike being the only visible BB was used as "album art" for this stick release. Yet the explanation might be that no other BB members are legally allowed to be present on the artwork unless it's an official BB release. But that doesn't explain using the BB members on the '66 video. Just confusing what the rules are, everything seems so contradictory.

Is "sloop New Audio" the actual out-of-the-box file name on the drive, and not a file name that was re-named by a fan?
« Last Edit: November 03, 2016, 04:27:36 PM by CenturyDeprived » Logged
“Big Daddy”
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« Reply #62 on: November 03, 2016, 03:41:43 PM »

Is "sloop New Audio" the actual out-of-the-box file name on the drive, and not a file name that was re-named by a fan?

Yeah, I didn’t change anything.
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« Reply #63 on: November 03, 2016, 04:19:25 PM »

Man, the autotune on that Sloop John B recording is not subtle at all.  I suppose that's Melinda Wilson's fault though.
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« Reply #64 on: November 03, 2016, 04:58:22 PM »

Man, the autotune on that Sloop John B recording is not subtle at all.  I suppose that's Melinda Wilson's fault though.

You mean SMiLE Brian?  Grin
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« Reply #65 on: November 03, 2016, 06:31:26 PM »

Copyright and usage applies to audio and video, at least as a general rule, especially if the audio and video are presented and owned as a single entity. It means - to simplify it - if the original promo video to Sloop is owned by Capitol and is synced up with both video and the audio track in the form of a song with music video as one entity, it can't be altered, re-edited, and presented as a product without some kind of approval process and licensing.

In this case, still wondering if anyone can offer up either a positive to this, or a benefit to the band's legacy by replacing a classic original 1966 recording with a modern remake and putting it in a 1966 Beach Boys commemorative package, and attaching it to the original 1966 promo film showing the original Beach Boys.
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« Reply #66 on: November 03, 2016, 06:42:58 PM »

Thanks to "Big Daddy" for posting those images, that's the first I'm seeing them. As another poster brought up, it is also worth noting the art print used for the cover here and sold at shows as a standalone poster print, only having Mike's image, as some said perhaps due to some terms and conditions regarding selling imagery of other band members or whatever the case, yet the music also seems to have only Mike and his current band doing a remake set to video of the original 1966 Beach Boys' promo video for said song featuring the original Beach Boys.

Muddied waters indeed.
« Last Edit: November 03, 2016, 06:43:47 PM by guitarfool2002 » Logged

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« Reply #67 on: November 03, 2016, 10:44:35 PM »

*cough* filleplage would.

Complete with a winky emoticon and a smarmy "it's all good."
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« Reply #68 on: November 04, 2016, 12:44:54 AM »

Man, the autotune on that Sloop John B recording is not subtle at all.  I suppose that's Melinda Wilson's fault though.

You mean SMiLE Brian?  Grin

LOL
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« Reply #69 on: November 04, 2016, 03:02:24 AM »

I only heard it once, but isn't that the original '66 intro tacked onto the beginning?
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« Reply #70 on: November 04, 2016, 06:46:02 AM »

The date on the properties on my USB flash is May 20.  Maybe later versions of this drive did not include the second video. 
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« Reply #71 on: November 04, 2016, 07:08:23 AM »

The date on the properties on my USB flash is May 20.  Maybe later versions of this drive did not include the second video. 

Very interesting. Patricia (or anyone else), do you have the USB drive from last year’s tour? HeyJude mentioned it earlier in the thread and I’m still very curious as to what’s on it.
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« Reply #72 on: November 04, 2016, 07:23:50 AM »

Man, the autotune on that Sloop John B recording is not subtle at all.  I suppose that's Melinda Wilson's fault though.

You mean SMiLE Brian?  Grin

LOL
Sorry Guys! Grin
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« Reply #73 on: November 04, 2016, 07:43:14 AM »

The date on the properties on my USB flash is May 20.  Maybe later versions of this drive did not include the second video. 

Very interesting. Patricia (or anyone else), do you have the USB drive from last year’s tour? HeyJude mentioned it earlier in the thread and I’m still very curious as to what’s on it.

According to this thread:  http://smileysmile.net/board/index.php/topic,17758.0.html

All Summer Long and Shut Down Volume 2 were the two albums on the flash drive during the Club Kokomo era of the VIP meet & greets. I think Club Kokomo was discontinued after 2014??? They only reestablished the in-house VIP meet & greets in late-spring/early-summer of 2016. The price also went from $150 to $250, though to be fair, there was a lot more included in the package from this year.
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« Reply #74 on: November 04, 2016, 08:05:56 AM »

I only heard it once, but isn't that the original '66 intro tacked onto the beginning?

It sure sounds like it. The flute and clip/clop percussion sound like the '66 track, the first 5 seconds before it goes into the modern remake.
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