games  anime  |  toys
Destructoid is gaming news, community, videos, and sometimes love. Take the tour or jump in with Facebook:

 


God himself may have laughed, but Neil Diamond and Sony are no fans of parody photo

If there's one thing that's a given in life, it has been to expect the unexpected. Live long enough, and you'll see pairings of people, places, and things that you'd never dream of being mentioned in the same sentence. Such is the humorous case of a small blog called the Hardcore Christian Gamers Association, a 70's music icon, and Sony.

While I can't officially confirm anything at this point (damn Internet Matlocks insurance), the story goes a little something like this: Drew Koehler, host of the podcast for the above mentioned site, decides that it would be humorous to create a parody of Neil Diamond's "Hello Again" song as a way of joining in on the Halo hysteria.  One of the podcast's listeners does the usual thing and uploads the song to YouTube with some Halo footage, and viola... all the ingredients for a great controversy are accounted for.

From here, the exact details get a little fuzzy, but it appears that Neil may have been offended by the content, and uses Sony as a proxy to send one of those nice cease-and-desist emails that our very own PR Nightmare could travel the circuit giving lectures about. On what grounds? Well they are going with the obvious one of "copyright infringement."

Hit the jump for more details, the supposed email response from Sony, and one nagging question that begs to be answered.. is this for real?

Not having viewed the video in question (or even heard the song), I have to wonder what the big deal is surrounding this. Is Neil upset that Weird Al Yankovic didn't think of it first? Does this really in any way infringe on an actual song (other than a similar title and words that rhyme with the original)? Do you think Sony's legal team sheds any tears at the thought of crushing something even remotely associated with a competitor's product? Most of all.... is this for real? I still have some doubts, but this is too damn good to pass up. See the reponse letter for yourself:

Dear Mr. Koehler,

Sony/ATV Music Publishing, on behalf of Stonebridge Music, is the exclusive administrator of 100% of the musical composition entitled “Hello Again” (Diamond, Lindgren) (the “Composition”).  It has recently come to our attention that you have created a parody version of the Composition entitled “Halo Again” (the “Parody”) and have subsequently distributed the Parody as a download via your website www.christian-gaming.com (the “Site”) and as part of a video currently streaming on YouTube (the “Video”).  

Please be advised that your unlicensed and unauthorized use of the Composition constitutes a serious infringement of Stonebridge Music’s copyright.  Demand is hereby made that you immediately cease and desist from streaming and/or distributing the Parody and the Video, via the Site or otherwise, and destroy all copies of the Parody and/or Video in your possession.  Failure to comply shall result in Sony/ATV pursuing any and all remedies available to it including, without limitation, litigation.

The foregoing shall not be deemed to limit or prejudice Sony/ATV or Stonebridge Music’s rights, all of which are specifically reserved.

Sincerely,

Sean Melia

Director

Business Affairs & Licensing

 

Want to know the real kicker behind this thing? Neil might have been none the wiser had he not been "supposedly" emailed a link to the song in question by the site's admin, SOG KampsAlot. Check out his comments on the page, under the original story:

September 28 2007 16:26:55
Before we take it out on Sony, who I really don't care about much at all, there is some background info everybody needs to know about this.

I've held off until I got the details of what and how everything went down regarding this; but now that I know, here goes my confession:

I found an email address that was supposedly for Neil Diamond himself, and I then emailed Neil Diamond with the link to the MP3 and a link to the YouTube video with a whimsical email stating something along the following,

<blockquote>
"We are in need of Neil Diamond to sing his song “Hello Again”, with just a few minor changes ... A rough draft of the song found here ... But it just doesn’t have that Diamond touch!"
</blockquote>

I wasn't even sure it was Neil Diamond's email address (it was "something"@Large-ISP.com"). But I took a chance, thinking it might get us some exposure, and, well, I guess it did :-(

Apparently, it was indeed Neil Diamond's address, and Neil Diamond was not amused, as I thought he would be.

I think there may be an important life lesson here, so gather 'round kids. Nintendo doesn't like its employees blogging negative stuff about the workplace, and Neil Diamond/Sony might very well not be the best place to show off your Halo parodies. Contrary to popular belief, the Internet is serious business. Now if someone would kindly send us a copy/link of the video in question. Surely it must be grand!

[TheGeekMedia, Via N4G


Continue: More Worth thinking about stories





prev next

27 comments | showing # 1 to 27

Tricoden's Avatar - Comment posted on 09/29/2007 21:11
Tricoden
Intense. I didn't think it was illegal to simply take the musical side of a song, and not the lyrics. Guess I was pretty wrong.
flaakmonkey's Avatar - Comment posted on 09/29/2007 21:26
flaakmonkey
Weird AL should do a rendition.
grrza's Avatar - Comment posted on 09/29/2007 21:27
grrza
Isn't parody considered fair use under copyright law? I thought that's how Weird Al managed to do his thing without getting 12 law suits every album...
maex's Avatar - Comment posted on 09/29/2007 21:31
maex
its a touchy area, legally. sometimes copyright holders may not mind if a derivative work is created if there isn't any financial gain on the part of the party that created the derivative work. other times it could be deemed a fair use as long as it didn't directly infringe on the rights of the original copyright holder.
unfortunately, when it comes to music in the united states, copyrights (whether it is warranted or not) are prosecuted incredibly aggressively. Also, with things like youtube that can instantly spread new content to a massive audience, you never know who is going to take offense.
still...Sony and Mr. Diamond really need to step back and ask what harm this has actually done to them.
Kfizz's Avatar - Comment posted on 09/29/2007 21:34
Kfizz
well he ask to do it and has to talk to there people before hand. plus fare use is only if you use a ad or it was in a tv ad or you are reviewing the content.
Neonie's Avatar - Comment posted on 09/29/2007 21:34
Neonie
Big Buisness has no sense of humor.
Bricfa's Avatar - Comment posted on 09/29/2007 21:36
Bricfa
Weird Al asks permission every time.
Gameboi's Avatar - Comment posted on 09/29/2007 21:37
Gameboi
*chuckles* I wonder how many people remember this song? I do, but then again, I'm old ;-)
KevlarGibs's Avatar - Comment posted on 09/29/2007 22:09
KevlarGibs
pretty sure right to parody is covered in our right to free speech. the only way i can seen this being a legitimate complaint is if it were an actual coommercial using it... then they could pull that stupid "it could confuse the public into thinking neil diamond was supporting halo, and that could somehow tarnish his good name"

I think realistically, Microsoft would have more of a case if they wanted to make a big deal out of this than sony and neil diamond do. notice how microsoft isn't making a big deal out of this though... that's because it's bad business to harass your fanbase, but also because it isn't a big deal... it's someone on the internet having some fun.
jumbledthought's Avatar - Comment posted on 09/29/2007 22:41
jumbledthought
Right to parody Neil Diamond's song is covered under 1st amendment. Right to make parody (or funny song) of something else USING Neil Diamond's song is not covered, as I understand it. I am not a lawyer, I just read the internets.
Gamechamp's Avatar - Comment posted on 09/29/2007 22:48
Gamechamp
Actually, even though Weird Al asks permission, that doesn't mean he has to. Legally, he can make and sell the parodies without permission. However, he just asks them 'cause he's nice like that.
Gamechamp's Avatar - Comment posted on 09/29/2007 22:48
Gamechamp
Actually, even though Weird Al asks permission, that doesn't mean he has to. Legally, he can make and sell the parodies without permission. However, he just asks them 'cause he's nice like that.
Gamechamp's Avatar - Comment posted on 09/29/2007 22:48
Gamechamp
Actually, even though Weird Al asks permission, that doesn't mean he has to. Legally, he can make and sell the parodies without permission. However, he just asks them 'cause he's nice like that.
The Grudge's Avatar - Comment posted on 09/29/2007 22:57
The Grudge
*Hits Gamechamp over the head to stop the re-pos.

I always thought parodies were legal as long as it was clearly understood as being one.
Orionsaint's Avatar - Comment posted on 09/30/2007 00:34
Orionsaint
Oh great Neil Fuckin Diamond just discovered the Internets.

Where's Will Ferrell when ya need'em?
Orionsaint's Avatar - Comment posted on 09/30/2007 00:36
Orionsaint
Oh great Neil Fuckin Diamond just discovered the Internets.

Where's Will Ferrell when ya need'em?
maex's Avatar - Comment posted on 09/30/2007 00:37
maex
Fair use is a very grey area in copyright law. Fair use is commonly associated with school use as well as non commercial reviewing or short , non commercial uses. However, the language of fair use legislation is such that this particular use would be covered under both Fair use and, most likely, the 1st amendment. People tend not to argue fair use, though, because it is such a muddled area (use by schools for classes being the on real exception to that).
Necros's Avatar - Comment posted on 09/30/2007 01:11
Necros
Eh, no big loss, never liked Neil Diamond that much anyways.
Sharpless's Avatar - Comment posted on 09/30/2007 02:29
Sharpless
Neil Diamond vs. God. WHO WILL WIN?
Mxyzptlk's Avatar - Comment posted on 09/30/2007 10:21
Mxyzptlk
Neil Diamond is still alive?
Volomon's Avatar - Comment posted on 09/30/2007 10:47
Volomon
@grrza Weird Al licenses the songs, that probably why he doesn't get sued.
Jim's Avatar - Comment posted on 09/30/2007 11:30
Jim
It's really time to limit copyright laws to a sensible amount of what can and can't be done with stuff.

Next time Metallica will copyright a guitar riff and off we go... straight to hell.
Ed Cetera's Avatar - Comment posted on 09/30/2007 12:34
Ed Cetera
"Isn't parody considered fair use under copyright law? I thought that's how Weird Al managed to do his thing without getting 12 law suits every album..."

Well, Weird Al took a lot of heat for his parody of James Blunt's "You're Beautiful" and as a result, it was taken off his "Straight Outta Lynwood" album (even though, last time I checked, it was offered for download on Weird Al's website). Plus, Coolio openly complained about Weird Al's parody of "Gangta's Paradise," resulting in Weird Al writing a letter of apology to Coolio.
phamtq's Avatar - Comment posted on 09/30/2007 13:20
phamtq
That letter sounds like a standard cease and desist. If the parody creator simply emails back stating that first amendment and fair use covers parodies and cites the correct sources, they'll back down.

I've seen it done before MANY times. Their bark is worse than their bite. No court is going to want to set a precedent that says parody is not covered under fair use and the first amendment. That would open the door for thousands of companies/people to sue parody creators. All those political cartoons would be illegal, Weird Al's songs would be illegal, etc...
Sharpless's Avatar - Comment posted on 09/30/2007 15:27
Sharpless
For the last time, Weird Al has to get the rights to do his direct parodies. After all, he's using the original artist's music, even though it's a parody. That's why Al doesn't get in trouble - because he contacts the appropriate people and clears it with them.
Im OK's Avatar - Comment posted on 09/30/2007 16:54
Im OK
Anyone remember this? I'm fairly sure that was a situation similar to this one.
Fading Star's Avatar - Comment posted on 10/01/2007 01:53
Fading Star
Help us Weird Al, you're our only hope.
prev next

Comment with Facebook





Click connect and comment instantly!

Comment with Dtoid





New? SIGN UP - it takes 5 seconds

Comments policy

Destructoid is an open discussion community. You don't need to "audition" to post a comment - just speak your mind. We respect differing opinions on the site, so have at it. Be smart, funny, insightful, clueless, or cute -- but back it up with substance. Keep your cool, keep it fun. We only ask that you act respectfully and above all: don't be a troll and ruin it for everyone else. Don't bring down gamers or we'll, you know, gently shoot you in the face and stuff you into a flaming mailbox. Each comment is your opportuntity to make this community awesomer. Is that even a word?

Avoiding the banhammer only requires common sense: spamming, trolling, racism, NSFW stuff, and other forms of sucking will not be tolerated. If anyone is griefing please report abuse. Be good. Don't suck!

 
New on Destructoid.TV play all videos

Loading
Loading Destructoid Videos


    Win this!
    Dive in! meetup+play for a chance to win a PC

    Dtoid Twitter    Got news?   tips@destructoid.com

    Reviews & Previews
    Echoes review
    Assassin's Creed 2 review
    Crossfire Remote Pistol review
    Resident Evil: The Darkside Chronicles review
    Left 4 Dead 2 review
    more reviews
    Driver
    Avatar
    GT Racing Motor Academy
    Bad Company 2 beta dishes out meaningful experiences
    Legend of Zelda Spirit Tracks
    more previews


    - The Dtoid Army is 51178 strong -

    Showing Cblogs with 3+ faps   show all

    Call for entries: do the wrong thing

    New to Dtoid? Read the survival guide




     Originals
    Joseph Leray: Revisited: Gears of War 2, Pinocchio, and masculinity





















    More Destructoid Originals




     Popular now more
    Assassins CreedReview: Assassin's Creed 2
    591 comments + 41542 views
    Destructoid OriginalWhy No More Heroes HD could mean a Wii total victory
    152 comments + 30508 views
    FAILGirl smashes boyfriend's Xbox 360, films it
    160 comments + 16924 views
    BattlefieldBad Company 2 beta dishes out meaningful experiences
    43 comments + 16114 views
    Black FridayBlack Friday: Walmart going nuts with game sales
    31 comments + 16048 views
    Amazon.comBlack Friday: Amazon dropping deals all week long
    16 comments + 15004 views
    Amazon.comAmazon teases its Black Friday sales line-up
    18 comments + 14836 views
    Destructoid OriginalThe tragic history of the videogame turkey
    51 comments + 13276 views
    CapcomHot new SSFIV trailer shows Guy, Cody and Adon in action
    54 comments + 13222 views
    Call of DutyModern Warfare 2 DLC still planned for spring 2010
    27 comments + 12568 views


    Team Destructoid   tips@destructoid.com
    Nick Chester
    Editor-in-Chief
    Niero
    Founder, publisher
    Jim Sterling
    Reviews Editor
    Hamza Aziz
    Community Manager
    Dale North
    News Editor
    Rey Gutierrez
    Video editor & director
    Anthony Burch
    Features Editor
    Colette Bennett
    Tom Fronczak Brad Nicholson
    Ashley Davis Ben Perlee
    Conrad
    Zimmerman
    Chad Concelmo
    Jonathan Holmes Jonathan Ross
    Brad Rice Jordan Devore
    Will Maddock Matthew Razak
    Dyson Joseph Leray
    Topher Cantler Samit Sarkar
         
      Dexter
    Adam Dork
    Daniel Lingen
    Hollie Bennett
    Joe Burling
    Mikey
    Stella Wong

    Josh Tolentino




     

     
      get involved

    register or login
    post a blog
    post a forum
    enter a contest
    contribute a news tip
    suggest a feature
    be a guest editor
    support

    new member's guide
    login assistance
    tech support
    report abuse
    email our editors
    read our dev blog
    nuclear crisis?
    keep in touch

    RSS feed
    Twitter
    Facebook
    Myspace
    Flickr
    Game nights
    Meetup+play online
    seriously

    about Destructoid
    advertising
    terms of use
    privacy policy
    jobs at MM
    buy our crap
    our network

    Tomopop
    Japanator
    Despingation?




    Destructoid is an independently-run publication forged by our love of video games and the gaming community's need of accountable enthusiast press
    living the dream since March 16, 2006