June 19, 2015 at 4:55 pm #11733
I thought this was an interesting article i just read. Apparently Eddie Van Halen is seeking legal action against Sammy Hagar Preventing him from ever performing Van Halen songs that Sammy hagar wrote.
Eddie Van Halen may have been an innovator with the electric guitar but it is now apparent that he is a total D BAG. Constantly trashing Michael Anthony in the media, and now seeking legal action-preventing Hagar from performaing van hagar songs.
Sammy told DJ Eddie Trunk, “They have had attorneys and people say ‘No, he can’t play them.’ Sometimes you need permission to play something, like on TV and stuff, and they say no. They’ll actually fight legally to try and stop me, and I’m going crazy… I’ve hired an attorney and I’m gonna fight these guys to the end. Those are my songs! I wrote every lyric and every melody on every one of those songs, and for those guys to say I can’t sing my own songs … oh my God, I’m going crazy.”
Hagar was going to perform “Why Can’t This Be Love” and “Finish What Ya Started” on Live from Daryl’s House, the show hosted by Daryl Hall of Hall & Oates. However, Van Halen’s attorney sent a cease and desist letter and the producers of the show did not want to get caught up in a lawsuit.
Thoughts? Can the Van Halen Bros get away with this since Sammy Hagar wrote all of the songs when he was in Van Halen??June 19, 2015 at 5:35 pm #11736Andy BrownParticipant
In order to perform a copyrighted work publicly, the user must obtain performance rights from the copyright owner or his representative.
That part you don’t need a lawyer to know.
So my guess is that if the songs on the albums (which may have publishing rights and royalties that include Hagar) are copyright “Van Halen” the band or Atlas (see below) and there is a contract between the band and the publisher, then those that control the band’s corporate structure (or the publisher) are the copyright owner and must give consent. So it is quite possible Hagar can not perform songs he wrote but does not have copyrights to even though he has publishing rights which yield him royalty payments.
I’m not a lawyer, though, and it does get complicated. A sound recording refers to the copyright in a recording as distinguished from the copyright in a song. The copyright in the song encompasses the words and music and is owned by the songwriter or music publisher. The sound recording is the result of recording music, words or other sounds onto a tape, record, CD, etc. The copyright encompasses what you hear: the artist singing, the musicians playing, the entire production). The sound recording copyright is owned by the record label. The copyright in the musical work itself is owned by the music publisher, which grants the record label a “mechanical” license to record and distribute the song as part of the record.
Then there’s this:
Eddie Van Halen and Alex Van Halen of the legendary rock group VAN HALEN have signed an exclusive worldwide deal with Atlas Music Publishing, as announced today by Richard Stumpf, CEO of Atlas Music Publishing. The deal covers the band’s entire catalog except for VAN HALEN’s last album, 2012’s “A Different Kind Of Truth”, and includes multiple hit singles and albums that have collectively sold close to 90 million copies worldwide, making the group one of the best-selling musical artists in history. The landmark deal with Atlas marks the first time VAN HALEN’s music has been published by an independent music publishing company.
Eddie and Alex Van Halen’s music publishing catalog was previously handled by Warner/Chappell Music.
I’ve read about artists not being able to perform certain songs they wrote without paying the holder of the performance rights. It’s not unprecedented.June 19, 2015 at 5:56 pm #11737
So it is quite possible Hagar can not perform songs he wrote but does not have copyrights to even though he has publishing rights which yield him royalty payments.
Wow that will be a HUGE loss for Hagar if he can no longer perform the van halen songs he wrote, considering the fact that Hagar is constantly touring with a couple different bands and Michael Anthony is in both bands with Hagar. They always perform a lot of Van Hagar songs at their concerts. Ive never been a huge Van Hagar fan but I do feel bad for the guy if he does lose the lawsuit, especially since Hagar has a huge catalog of songs he wrote while in Van Halen.June 19, 2015 at 9:13 pm #11739
WOW. New article out with Eddie Van Halen.
He might be a rock legend, but as a human being Eddie Van Halen is a complete D!CK.
and here is Hagar reacting to the article.
https://www.facebook.com/SammyHagar/videos/625127390857073/”>June 20, 2015 at 1:00 am #11748skepticalParticipant
If Hager signed with Van Halen without getting a cut of the Van Hagen categlog, he has no one to blame but himself.June 20, 2015 at 6:52 am #11749
Yes, the copyright is essentially copyrights.
There are uses, performances, copies, distributions, etc…
Those all have types and classes,each fairly explicit in its scope. A use may be consumption, or interaction, or fair (another discussion), a performance may be private, or public, copies can be recordings, representations like sheet music, midi files, distributions may have forms, albums, files, cassettes, and on and on it goes.
Looks like an ego thing to me. Having Hagar perform will move sales, but he’s not Van Halen original. Lol. So this deal was a nice opportunity to lock him out.
If it were other than that, some reasonable arrangement could be made.
Hagar should write some inspired by music, while at the same time working social media like no other to pressure for better terms.
He could then say, what have you done lately kinds of things…
Or, if it’s worth it, he might pay per performance, which sucks… an offer to buy rights can be made and litigated due to other possible terms in his deal, which appears to be a shitty one that does not include some sort of performance rights.
Or, go perform in some part of the world, such as Antigua, currently enjoying IP immunity due to US WTO violations related to online poker…. Maybe make a fuck you album there and make sure it gets shared really hard…June 20, 2015 at 7:02 am #11750
If Hagar doesn’t have the public performance right, yes. They absolutely can get away with it, and he could be liable for 150K per infringing act, plus damages…
Each song played in public would be an act.
It is brutal.June 20, 2015 at 7:21 am #11752BrianlParticipant
It’s no secret that Eddie Van Halen is not a stellar human being. This same kind of stuff went on when they first parted way with Diamond Dave, back in the mid-80s. He ran off Sammy, the whole Gary Cherone thing was a dumpster fire, DLR wore out his welcome again, now he’s back but Michael Anthony is with Sammy, and both are in Eddie’s crosshairs.
The one thing they all say is that Eddie is impossible to work with.June 20, 2015 at 11:10 am #11758VitalogyParticipant
You should read the entire article, not just the parts taken out and posted by gossip sites.June 20, 2015 at 6:47 pm #11760
Talked to a person to whom this is still relevant. Their comment?
I hope Eddie has it set so Hagar never plays another Van Halen tune again!
This followed by a rant that took me back in time and was highly entertaining.June 20, 2015 at 6:57 pm #11761
I prefer Roth myself, but Hagar delivered during his time.
Vitalogy, that was a better read. Eddie is a strange one, but I understand this now.
He seeks clarity, and the brand, defining sound, etc is Roth. Simple as that.June 20, 2015 at 10:19 pm #11763
Hagar was a far superior singer than Roth(vocally).but I didn’t like the direction VH went when Hagar joined the band. For Hagar being in his late 60’s, he still sounds damn good. Roth on the other hand was always an average singer at best and now sounds like sh!t.
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