Author: djfrosty
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The Rock & Roll Hall of Fame wants a federal judge to toss out a copyright lawsuit over an image of Eddie Van Halen, arguing that it made legal fair use of the image by using it as part of a museum exhibit designed to “educate the public about the history of rock and roll music.”
The lawsuit, filed last year, claims the Rock Hall never paid to license Neil Zlozower’s image — a black-and-white photo of late-’70s Van Halen in the recording studio — before blowing it up into an eight-foot-tall display in the Cleveland museum.
But in a motion to dismiss the case filed Tuesday (Jan. 21), the Rock Hall says it didn’t need to. Attorneys for the museum say the offending exhibit was protected by “fair use”, a rule that allows copyrighted works to be reused legally in many contexts, including education and commentary.
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“RRHOF transformed plaintiff’s original band photograph by using it as a historical artifact to underscore the importance of Eddie Van Halen’s musical instruments,” the Hall’s attorneys write. “RRHOF operates a museum, and it displayed the image in service of its charitable mission to educate the public about the history of rock and roll music.”
Zlozower filed his case in October, claiming the Hall made an “exact copy of a critical portion of plaintiff’s original image” for the exhibit, which he claimed “did not include any photo credit or mentions as to the source of the image.”
The Rock Hall is just the latest company to face such a lawsuit from Zlozower, who also snapped images of Led Zeppelin, The Rolling Stones, Michael Jackson and Bruce Springsteen over a decades-long career. Since 2016, court records show he’s filed nearly 60 copyright cases against a range of defendants over images of Elvis Costello, Guns N’ Roses, Mötley Crüe and more.
In the current dispute, the Van Halen image was used in two exhibits: “Play It Loud: Instruments of Rock & Roll” and “Legends.” Focused on musical instruments used by famed rockers, the exhibits featured sections showing Van Halen’s guitars, amplifiers and other gear. In the display, the original photo of the band was cropped to show just Eddie holding one of the guitars, which was placed amid the exhibit’s objects and informational placards.
In their motion to dismiss the case, the Rock Hall’s attorneys say the museum made a “transformative use” of Zlozower’s original image — a key question when courts decide fair use. They say the Hall used it not simply as an image of the band, but “to contextualize Eddie Van Halen’s instruments on display in the museum as historical artifacts.”
“RRHOF incorporated a portion of plaintiff’s photograph displayed next to the exhibition object, as one piece of source material to document and represent the use of the guitar,” the museum’s lawyers write. “This proximal association between source material and exhibition object helps visitors connect information and delve more deeply into the exhibition objects.”
In making that argument, the Hall’s attorneys had a handy piece of legal precedent to cite: A 2021 ruling by a federal appeals court tossed out a copyright lawsuit against New York City’s Metropolitan Museum of Art over the use of another image of Van Halen in a different exhibit on the same famous set of guitars.
In making that ruling, the appeals court said the Met had clearly made “transformative” fair use of the image by displaying it alongside the exhibit: “Whereas [the photographer]’s stated purpose in creating the photo was to show ‘what Van Halen looks like in performance,’ the Met exhibition highlights the unique design of the Frankenstein guitar and its significance in the development of rock n’ roll instruments,” the appeals court wrote at the time.
That earlier ruling is not technically binding on the case against the Rock Hall, which takes place in another region of the federal court system. But such an uncannily on-point ruling could certainly be influential on the judge overseeing the current case.
An attorney for Zlozower did not immediately return a request for comment.
The clubs are currently dark in Ibiza, but months before the 2025 season gets underway, we’ve got tabs on the 50 most played artists at island institution Ushuaïa in 2024. These 50 artists rank highest on a list of 3,001 unique acts whose music was identified at the club in 2024. The top five slots […]
Jason Aldean is sharing his support for Carrie Underwood after her performance at Donald Trump‘s presidential inauguration ceremony, where technical difficulties led to the American Idol winner delivering a rendition of “America the Beautiful” a cappella. Explore See latest videos, charts and news See latest videos, charts and news Aldean appeared on a recent episode […]
Sting is pulling out of his next few public engagements as he recovers from a temporary throat infection, the rock star announced Tuesday. In a post on his Instagram, the Police frontman’s team wrote that he would be canceling his scheduled appearance at the Jan. 23 Bass Magazine Awards, as well as his Jan. 24 […]
Chris Brown has filed a $500 million defamation lawsuit against Warner Bros. Discovery for their documentary ‘Chris Brown: A History of Violence.’ Keep watching for the full details about the case. Tetris Kelly: Chris Brown is suing for $500 million after a documentary is saying he has a history of violence. We have the story […]
Ringo Starr earns his first top 10 on Billboard’s all-genre Top Album Sales chart (which dates to 1991) as Look Up enters the list dated Jan. 25 at No. 7. The effort from The Beatles’ iconic drummer also arrives across a host of other Billboard album tallies, including Indie Store Album Sales (No. 2), Top Rock Albums (No. 7), Americana/Folk Albums (No. 12), Top Country Albums (a career-best No. 27) and Top Rock & Alternative Albums (No. 30). On the overall Billboard 200, it starts at No. 147, marking Starr’s 20th entry, dating to his first, Sentimental Journey, in 1970.
The 11-song album, recorded in Nashville and produced by T Bone Burnett, was released Jan. 10, on the revived Lost Highway imprint.
Starr recently told Billboard, “I did love country music before I was in (The Beatles). We got plenty of it in Liverpool, because the lads who were in the merchant navy would bring not only rock and roll over, but country — and when country bands went on tour in England, they always played Liverpool.” The new set boasts a host of collaborators from the worlds of country, Americana/folk and bluegrass, including Alison Krauss, Billy Strings and Molly Tuttle.
Look Up earned 9,000 equivalent album units in the tracking week ending Jan. 16 in the United States, according to Luminate, with 8,000 of that sum in traditional album sales.
That 8,000-sales figure yields Starr’s No. 7 arrival on Top Album Sales, marking his first top 10 and his 14th chart appearance on the 33-year-old chart, whose history dates to May of 1991, when Billboard began tabulating charts with electronically monitored piece count information from SoundScan, now Luminate. Starr had previously peaked at No. 11 with 2021’s Zoom In.
Meanwhile Look Up charts on multiple other surveys. It opens at a career-best No. 27 on Top Country Albums, marking his second entry – and second top 40-charting effort – on the list. The 84-year-old previously appeared on Top Country Albums when Beaucoups of Blues hit No. 35 in December 1970.
Plus, Look Up starts at No. 12 on Americana/Folk Albums marking Starr’s first appearance on the 15-year-old chart.
-additional reporting by Keith Caulfield
Jim Jones is defending Drake‘s divisive UMG defamation lawsuit. During an appearance on the Broke N’ Frontin podcast, the subject of the Toronto rapper’s controversial subject came up, and the Dipset member had an interesting perspective. “He’s not personally suing against Kendrick Lamar, which everybody seems to think that this lawsuit is about,” Jones said. […]
If you were expecting to see live performances of the five best original song nominees on the 97th annual Academy Awards on March 2, be prepared for something different this year.
Bill Kramer, CEO of the Academy of Motion Picture Arts & Sciences, and Janet Yang, Academy president, sent a letter to Academy members on Wednesday (Jan. 22) in which they said, “This year the Best Original Song category presentation will move away from live performances and will be focused on the songwriters. We will celebrate their artistry through personal reflections from the teams who bring these songs to life. All of this, and more, will uncover the stories and inspiration behind this year’s nominees.”
This is reminiscent of something the Grammy Awards did in 1981, when they had the songwriters of the song of the year nominees perform and discuss the nominated songs. As David Wild wrote in the 2007 book And the Grammy Goes To… The Official Story of Music’s Most Coveted Award, “One innovative moment came at the end of the show. Many years before shows like MTV’s Unplugged or VH1’s Storytellers, this Grammy show presented a group of songwriters nominated for song of the year – including Amanda McBroom (‘The Rose’), Christopher Cross (‘Sailing’), Fred Ebb and John Kander (‘New York, New York’), Dean Pitchford and Michael Gore (‘Fame’) and Lionel Richie (‘Lady’) – to both explain and perform stripped-down versions of the songs. It was a vivid reminder of the power of the songwriter.”
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In their letter to academy members, Kramer and Yang also wrote “We are thrilled to bring back our ‘Fab 5’ moments, where individual film artists recognize nominees.” This refers to a technique first used on the 2009 Oscar telecast and revived last year, in which five previous winners in each of the four acting categories take turns lauding this year’s nominees.
(In a press conference days before the 2024 Oscars telecast, Raj Kapoor, executive producer and showrunner of the 2024 and 2025 Oscars, said he loved those introductions on the 2009 show and revived the idea. “It was this lovely storytelling,” he said. “And, again, it came down to connection. It was past winners speaking to present nominees, and just that lovely connection and that human interaction.”)
Kramer and Yang also said that the show will pay tribute to Los Angeles, which has experienced devastating wildfires in recent weeks. “We will reflect on the recent events while highlighting the strength, creativity, and optimism that defines Los Angeles and our industry.”
Here’s the letter from Kramer and Yang in full:
Dear Academy members,
Our deepest thanks to all of you for your compassion and support over the last few weeks. Our thoughts remain with those who were impacted by the recent Los Angeles-area wildfires. If you would like to join the Academy in supporting the ongoing relief efforts, please click here for a list of aid resources.
After continued consultation with ABC, our board, and other key stakeholders in the Los Angeles and film communities, planning continues for the 97th Oscars ceremony on Sunday, March 2. This year’s Oscars will celebrate the work that unites us as a global film community and acknowledge those who fought so bravely against the wildfires.
As a reminder, our 97th Oscars Nominations will be announced tomorrow, January 23, at 5:30am PT via global live stream on Oscar.com, Oscars.org, the Academy’s digital platforms (TikTok, Instagram, YouTube, Facebook), ABC’s Good Morning America, and ABC News Live, Disney+ and Hulu. American Sign Language (ASL) services will be available on YouTube.
As a precursor to tomorrow’s announcement, we wanted to share a little bit about this year’s show. Hosted by the incredible Conan O’Brien, our 97th Oscars will be a celebration of connection and collaboration – honoring the unifying spirit and creative synergy of moviemaking. We will highlight the transformative power of the teamwork that brings cinematic visions to life.
As part of this, we are thrilled to bring back our “Fab 5” moments, where individual film artists recognize nominees. Also, this year the Best Original Song category presentation will move away from live performances and will be focused on the songwriters. We will celebrate their artistry through personal reflections from the teams who bring these songs to life. All of this, and more, will uncover the stories and inspiration behind this year’s nominees.
And we will honor Los Angeles as the city of dreams, showcasing its beauty and resilience, as well as its role as a beacon for filmmakers and creative visionaries for over a century. We will reflect on the recent events while highlighting the strength, creativity, and optimism that defines Los Angeles and our industry.
There is so much more in store, including powerful musical moments that connect film’s rich history to its bold and inspiring future. We hope you will tune in tomorrow morning to watch the Nominations Announcement, and we greatly appreciate your ongoing commitment to the Academy and our film community. We are stronger together.
Bill Kramer and Janet Yang
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Barry Michael Cooper, a writer who penned the screenplay for New Jack City and reportedly coined the phrase “New Jack Swing,” has died. Barry Michael Cooper’s other works include writings in The Village Voice and lent his abilities to other notable films etched in the lore of Black cinema.
According to a report from TMZ, Barry Michael Cooper passed away this past Tuesday (Jan. 21) in his adopted city of Baltimore, Md., where Cooper resided after penning screenplays for New Jack City, Sugar Hill, and Above The Rim, the “Harlem Trilogy” as the trio of films are sometimes called.
Prior to his screenwriting success in the 1990s, Cooper was a music critic for The Village Voice between 1980 and 1989. He also penned the piece “Teddy Riley’s New Jack Swing: Harlem Gangsters Raise A Genius,” with some giving him credit for naming the music style of New Jack Swing that Riley innovated as a producer and member of the R&B trio Guy.
Writer Nelson George penned a short but moving obituary piece for Cooper via his Substack site and highlighted the pair’s longtime connection and Cooper’s allegiance to Harlem despite relocating to Baltimore years ago.
From The Nelson George Mixtape:
Barry Michael Cooper died today in Baltimore, according to his son Mathew. It’ll take me a minute to gather all my thoughts, but just wanted to thank him for recommending to Robert Christgau at the Village Voice when I was trying to write for the Riffs section back in 1981. It was a key moment in my career and life. Barry helped define pop culture in the ‘80s and ‘90s with his early reporting on crack, by naming Teddy Riley’s sound “new jack swing,” and writing star vehicles for Wesley Snipes (New Jack City, Sugar Hill) and Tupac (Above the Rim.) Though he lived much of the last decades of his life in Baltimore, he was Harlem to his core.
Barry Michael Cooper was 66.
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Jelly Roll is teaming up with Contemporary Christian Music hitmaker Brandon Lake for a new collaboration on a fresh version of Lake’s hit song “Hard Fought Hallelujah.” Both Lake and Jelly Roll teased the song on social media this week, and the collaboration will officially release Feb. 7.
In November, Lake earned his Billboard Hot 100 debut with “Hard Fought Hallelujah,” which also became his sixth No. 1 on the Hot Christian Songs chart. The song’s sound and message resonated with listeners, prompting Lake to release his eight-track EP Hard Fought Hallelujah: Heavyweight Edition, featuring various versions of the song, including live, demo, acoustic and instrumental versions.
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Lake shared a video snippet of the song on his Instagram, and Jelly Roll’s wife Bunnie XO commented on the post, writing of her husband Jelly Roll, “My baby is fineeee.”
Written by Lake with Steven Furtick, Benjamin William Hastings, Elevation Church singer-songwriter Chris Brown and Rodrick Simmons, the song features lyrics including “I’ll bring my storm-tossed, torn-sail, story-to-tell hallelujah.”
“I wanted to give my fans a taste of something special while on the road,” Lake shared of the song, according to CCM Magazine. “This song is about the battles we face, the grit throughout the fight for faith and the praise that comes after. I hope it resonates deeply with everyone.”
The collaboration seems a natural pairing for the two artists, as Jelly Roll often includes faith-centered references in his own music, while Lake’s brand of worship music wraps in hard rock and soulful influences. Jelly Roll’s current album, Beautifully Broken, topped the Billboard 200 last year, while Lake most recently earned Grammy nominations for best contemporary Christian music album (Coat of Many Colors) and best Contemporary Christian music performance/song (for “Praise”). Lake also picked up songwriter of the year (artist) and Pop/contemporary album of the year (for Coat of Many Colors) trophies at the 2024 GMA Dove Awards.
See a preview of “Hard Fought Hallelujah” below: