Paul Anka Claims 'This is It' is a Rip-Off

[shimar]

That doesn't mean anything. Just because somebody writes a song doesn't mean they own it. Like if someone is a songwriter for hire (ie. Goffin/King or Holland/Dozier/Holland), that means the record company owns the song. Or the songwriters could have a ripoff record contract and lose their songs like The Beatles.

Not true.

I am a songwriter with my own publishing for my own songs (some of them are under Sony-ATV!) and I own and control my portion of the songs I wrote.

I receive requests from all the major labels when they put out my compositions, and my administrative publisher then gives them a mechanical license , which gives them permission to use my intellectual property on their recording.

Except for Sony, who are F*ing crazy - and put out stuff before asking the writers. I've had my battles with them.

 

[MJJ:G.O.A.T]

Paul Anka Says He Was Not Credited for New Jackson Single

By BEN SISARIO
The New York Times ArtsBeat Blog

When Michael Jackson’s new single, “This Is It,” was released on Sunday night, many listeners were surprised by its resemblance to “I Never Heard,” a 1991 track by the R&B singer Safire, which gave songwriting credit to Mr. Jackson and Paul Anka.

But no one was more surprised than Mr. Anka, who said in an interview on Monday that he had not been contacted about the use of the song, and was not given proper writing credit for the single, which now credits only Jackson as a writer.

“They have a major, major problem on their hands,” he said. “They will be sued if they don’t correct it.”

The song was released to radio stations and michaeljackson.com at midnight on Sunday, and will play during the closing credits to the film “This Is It,” about Mr. Jackson’s planned concert run in London, which is due out on Oct. 28.

For Mr. Anka, the song has a long and painful history. He said that he and Jackson wrote and recorded it in 1983 in Mr. Anka’s studio in Carmel, Calif., and that it had been intended as a duet for Mr. Anka’s album “Walk a Fine Line.”

But shortly after it was recorded Jackson took the tapes, Mr. Anka said. He threatened to sue to get them back, he said, and now has the original multitrack tapes in his possession, along with documentation that the copyright for the song was held by both men. “It’s exactly the same song,” Mr. Anka said. “They just changed the title.”

“This Is It” was based on a tape that Jackson left behind containing only his piano and vocal. John McClain, a record executive and producer whom Jackson named in his will as an executor, built a full arrangement around it, including backup vocals by Jackson’s brothers. Aside from a few major differences in the lyrics, the composition of the song is almost identical to that of “I Never Heard.”

Rob Stringer, the chairman of the Columbia/Epic Label Group, said in an interview on Sunday that he did not know when Mr. Jackson’s original tape had been recorded and that he had not known about its similarity to the Safire track until Jackson fans discussed it online over the weekend. He declined to comment further on Monday.

Representatives of the Jackson estate did not immediately respond to requests for comment.

http://artsbeat.blogs.nytimes.com/2...s-he-was-not-credited-for-new-jackson-single/

 

[noumene]

Well this might be our saving grace then. If he gets Sony to pull the song rather than having to pay him a ton of $$$$, there's still a chance they might open their ears and brains to look for a proper - and finished - MJ track to release. I bet it's too late now though.

 

[shimar]

I'm just going to say it.... Michael would have NEVER, EVER released an unfinished song. Michael was a perfectionist to a flaw - that is why he didn't release too many albums because of the sheer time it took to record them. Michael recorded and recorded until he got it right. He used the BEST sound engineers and the BEST recording equipment. He believed in putting his best foot forward and would have never sanctioned this release. I'm sure of it. The song is unfinished and not even recorded in a STUDIO - Michael's vocals aren't even tracked. Michael would have never wanted this.

With that said, I hope it gets sorted for Michael's children sake. Sony has thousands of unreleased music from Michael. All Sony needed to do was contact the estate and get permission. Whateva...

:clapping::clapping::clapping::clapping::clapping:

And I'm sure they got the estate's permission, what I think happened is that Sony didn't get Paul Anka's permission, which constitutes as copyright infringement for Anka's 50% of the song.

 

[indranee]

Paul Anka Says He Was Not Credited for New Jackson Single

By BEN SISARIO
The New York Times ArtsBeat Blog

When Michael Jackson’s new single, “This Is It,” was released on Sunday night, many listeners were surprised by its resemblance to “I Never Heard,” a 1991 track by the R&B singer Safire, which gave songwriting credit to Mr. Jackson and Paul Anka.

But no one was more surprised than Mr. Anka, who said in an interview on Monday that he had not been contacted about the use of the song, and was not given proper writing credit for the single, which now credits only Jackson as a writer.

“They have a major, major problem on their hands,” he said. “They will be sued if they don’t correct it.”

The song was released to radio stations and michaeljackson.com at midnight on Sunday, and will play during the closing credits to the film “This Is It,” about Mr. Jackson’s planned concert run in London, which is due out on Oct. 28.

For Mr. Anka, the song has a long and painful history. He said that he and Jackson wrote and recorded it in 1983 in Mr. Anka’s studio in Carmel, Calif., and that it had been intended as a duet for Mr. Anka’s album “Walk a Fine Line.”

But shortly after it was recorded Jackson took the tapes, Mr. Anka said. He threatened to sue to get them back, he said, and now has the original multitrack tapes in his possession, along with documentation that the copyright for the song was held by both men. “It’s exactly the same song,” Mr. Anka said. “They just changed the title.”

“This Is It” was based on a tape that Jackson left behind containing only his piano and vocal. John McClain, a record executive and producer whom Jackson named in his will as an executor, built a full arrangement around it, including backup vocals by Jackson’s brothers. Aside from a few major differences in the lyrics, the composition of the song is almost identical to that of “I Never Heard.”

Rob Stringer, the chairman of the Columbia/Epic Label Group, said in an interview on Sunday that he did not know when Mr. Jackson’s original tape had been recorded and that he had not known about its similarity to the Safire track until Jackson fans discussed it online over the weekend. He declined to comment further on Monday.

Representatives of the Jackson estate did not immediately respond to requests for comment.

http://artsbeat.blogs.nytimes.com/2...s-he-was-not-credited-for-new-jackson-single/

crap, we don't need this now! Sony had better get off of their asses and correct it. he's calling Michael a thief. ugh :angry:

 

[A. Sizzle]

Paul is listed as a writer. He does have to give his permission to use the song. But at the same time, why try to stop the song when he could jsut make money from the royalties?

I'm not sure what he's trying to accomplish. Sounds like he's holding a grudge since it flopped the first time

 

[michaelloverforever1980]

I saw this earlier on tmz and all i want to say is Why cant for once michael be left alone grrrrrrrrrr argggggg xoxo

 

[KingOfPop1]

Of course, Paul has the right to sue if his intellectual property is rightfully being stolen.

And if Sony did not ask Paul Anka for a mechanical license, then they rightfully could be sued for copyright infringement.

The MJ estate cannot be held liable for this BY LAW.

But his publishing company CAN.

If the song is co-published by MiJac Publishing, then it can be held accountable.

Michael held this song back for a reason - he obviously had an agreement with Anka and they both decided not to record it for their own releases. Obviously Michael gave permission for Anka to have Safire record the track. Betcha bottom dollar someone will be held responsible.

 

[indranee]

Well this might be our saving grace then. If he gets Sony to pull the song rather than having to pay him a ton of $$$$, there's still a chance they might open their ears and brains to look for a proper - and finished - MJ track to release. I bet it's too late now though.

yes, but no matter what they do, it's gonna leave a bad taste in everybody's mouth.

this is EXACTLY why MJ was very, very deliberate about releasing his music. he went over everything with a fine-toothed comb.

ugh. horrific. this is the last thing we need right now.

it's greed, basically. $ony couldn't help it. they HAD to put this song out right now. idiots.

 

[144000]

But his publishing company CAN.

If the song is co-published by MiJac Publishing, then it can be held accountable.

Michael held this song back for a reason - he obviously had an agreement with Anka and they both decided not to record it for their own releases. Obviously Michael gave permission for Anka to have Safire record the track. Betcha bottom dollar someone will be held responsible.

why should Michael's publishing be held responsible for something MJ invested in? this is on Sony's hands. MJ has nothing to do with this.

 

[KingOfPop1]

“This Is It” was based on a tape that Jackson left behind containing only his piano and vocal. John McClain, a record executive and producer whom Jackson named in his will as an executor, built a full arrangement around it, including backup vocals by Jackson’s brothers. Aside from a few major differences in the lyrics, the composition of the song is almost identical to that of “I Never Heard.”

Rob Stringer, the chairman of the Columbia/Epic Label Group, said in an interview on Sunday that he did not know when Mr. Jackson’s original tape had been recorded and that he had not known about its similarity to the Safire track until Jackson fans discussed it online over the weekend. He declined to comment further on Monday.

NOW if Katherine wants to challenge one of the executors - it would be John McClain as he made such a terrible error that it could cause harm to Michael Jackson's ESTATE. Londell McMillian will be ALL OVER this. Watch....

 

[Arty]

Well this might be our saving grace then. If he gets Sony to pull the song rather than having to pay him a ton of $$$$, there's still a chance they might open their ears and brains to look for a proper - and finished - MJ track to release. I bet it's too late now though.

LOL the song is in the This is it Movie!!!!!

 

[shimar]

Well this might be our saving grace then. If he gets Sony to pull the song rather than having to pay him a ton of $$$$, there's still a chance they might open their ears and brains to look for a proper - and finished - MJ track to release. I bet it's too late now though.

It's possible - but I know that some heads at Sony are going to get fired over this.

My gut feeling is that Sony probably refused to give MJ permission to appear on Paul Anka's album - that's why they couldn't release it the first time on Anka's album - like Sony did with MJ on the Simpsons' episode he appeared on.

 

[StaceyMJ]

Well whatever the story is how can he call Michael a thief? It's not like Michael chose to release this now. Seriously. I feel so bad for him, it's like even now people want to call him stupid things that he is not.

I understand his point, but thief? Really? Come off it.

 

[KingOfPop1]

why should Michael's publishing be held responsible for something MJ invested in? this is on Sony's hands. MJ has nothing to do with this.

Because Sony must seek permission from Michael's publishing company to release the track. Much like how The Beatles must seek Sony/ATV permission to release a Beatles song and vice/versa.

Permission must be sought by the publishers and songwriters before anything is released. Sony can and more than likely will get sued, but MiJac will be held accountable too.

 

[elmari]

Why can't anything associated with Michael be scandal free?!?! It's so frustrating and Anka has to know it's all Sony's fault. Also, the source IS TMZ so they could have embellished that Michael 'stole' the song. That's what's going to reel them in!

I think it's pretty obvious that Michael was never intending on releasing a final version of this song, more so now with the Paul Anka twist. Sony publicly claimed that they just found it in a box and reworked it so they can release it with the film. They are simply imbeciles over there.

They need to work with Anka now instead of allowing him to spread dirty laundry about Michael.

But what I am confused is that a 'This Is It' song was registered in 1980 right? What if Michael brought in the original song and then he and Paul worked on it and it became 'I Never Heard'? Paul's just mad that Michael didn't allow him to put it on his Duets album.

 

[shimar]

But his publishing company CAN.

If the song is co-published by MiJac Publishing, then it can be held accountable.

Michael held this song back for a reason - he obviously had an agreement with Anka and they both decided not to record it for their own releases. Obviously Michael gave permission for Anka to have Safire record the track. Betcha bottom dollar someone will be held responsible.

But it'll probably not hold up in court if Anka wants to sue MIJAC.

Only because MIJAC is not the recording label & did not release the song - as Sony did.

Anka would be a fool if he tried to sue the estate.

Now if Anka sues Sony, then yes, he has a case if Anka never signed or consented to a mechanical license.

 

[Memefan]

That doesn't mean anything. Just because somebody writes a song doesn't mean they own it. Like if someone is a songwriter for hire (ie. Goffin/King or Holland/Dozier/Holland), that means the record company owns the song. Or the songwriters could have a ripoff record contract and lose their songs like The Beatles.

That is not the current case.

MJ & Anka are both listed on the copyright. So, that rule does not apply to our current situation. Mijac did not lose its right, nor was it sold to a third party.

 

[Spider-Man]

Of course, Paul has the right to sue if his intellectual property is rightfully being stolen.

And if Sony did not ask Paul Anka for a mechanical license, then they rightfully could be sued for copyright infringement.

The MJ estate cannot be held liable for this BY LAW.

So tell me if I got this right: Sony f*cked up, and Mik'es image suffers for it?

Damn pricks.

 

[MJJ:G.O.A.T]

Anka wanting money from this is OK with me, since they wrote it together he should get his royalties from it. But he should refrain from calling Michael a song thief! They wrote it together, Michael didn't steal it, he just wanted to have his copy of the song. Probably he never even planned to release this.

If Anka is angry he should be angry with Sony and stop calling Michael a thief and say the song is a rip-off! Since Michael co-wrote it, it cannot be a rip-off.

:yes:

I'm just going to say it.... Michael would have NEVER, EVER released an unfinished song. Michael was a perfectionist to a flaw - that is why he didn't release too many albums because of the sheer time it took to record them. Michael recorded and recorded until he got it right. He used the BEST sound engineers and the BEST recording equipment. He believed in putting his best foot forward and would have never sanctioned this release. I'm sure of it. The song is unfinished and not even recorded in a STUDIO - Michael's vocals aren't even tracked. Michael would have never wanted this.

With that said, I hope it gets sorted for Michael's children sake. Sony has thousands of unreleased music from Michael. All Sony needed to do was contact the estate and get permission. Whateva...

:clapping::clapping:

 

[144000]

Because Sony must seek permission from Michael's publishing company to release the track. Much like how The Beatles must seek Sony/ATV permission to release a Beatles song and vice/versa.

Permission must be sought by the publishers and songwriters before anything is released. Sony can and more than likely will get sued, but MiJac will be held accountable too.

i still don't get your answer. MJ's publishing is separate, and MJ put money into his own publishing. his part of the song is his. Sony is the outsider here. and sony alone. maybe they should ask Anka, but MJ doesn't have to ask permission for what is his.

i mean..hell...if i pay money for something, someone else cannot claim ownership of it. otherwise, what is the use of me paying?

all Sony has to do is give Anka his fifty percent. case closed.

 

[StaceyMJ]

They better clear this crap up quick.

 

[indranee]

So tell me if I got this right: Sony f*cked up, and Mik'es image suffers for it?

Damn pricks.

I bet it was ALL planned.

aka, the conspiracy.

what did Mike tell us?! don't trust $ony.

 

[michaelloverforever1980]

Well whatever the story is how can he call Michael a thief? It's not like Michael chose to release this now. Seriously. I feel so bad for him, it's like even now people want to call him stupid things that he is not.

I understand his point, but thief? Really? Come off it.

I so agree hunny with you its like what other names are thay going to call our beloved michael,thay just need to buzz off grrrr argggg xoxo

 

[shimar]

So tell me if I got this right: Sony f*cked up, and Mik'es image suffers for it?

Damn pricks.

Um, yeah.

 

[HIStory]

But what I am confused is that a 'This Is It' song was registered in 1980 right? What if Michael brought in the original song and then he and Paul worked on it and it became 'I Never Heard'? Paul's just mad that Michael didn't allow him to put it on his Duets album.

A good point.

Honestly, I don't care about the legal battles between Sony and Anka. I hope Anka gets his royalties. But I'm angry with him for calling Michael a rip-off! A rip-off is when you claim a song yours when you haven't written it. This is not the case here. They wrote it together. It's as much Michael's as it is Anka's.

The mistake was made by Sony for not crediting Anka for it. So why attack Michael for it? Michael probably wouldn't even have released this song ever.

 

[shimar]

UPDATE!!!!!!!!!!!!!!!!!!!!

Anka on Jackson -- They See it My Way

Posted Oct 12th 2009 6:18PM by TMZ Staff

Paul Anka tells TMZ the people handling Michael Jackson's estate are falling over each other .... apologizing for "ripping-off my song" and offering "anything you want" to make the mess go away.

And, John Branca just told TMZ, "We acknowledge that Michael and Paul wrote this song together."

As we first reported, Anka claims the new Jackson song, "This is It" is the Michael Jackson track Anka co-wrote with Jackson in 1983, which Jackson originally recorded under the title, "I Never Heard."

Anka tells TMZ he just got off the phone with John McClain, the co-Special Administrator for Jackson's estate. Anka says McClain apologized profusely, saying he knew "Michael couldn't have written this song alone. It's not his style."

Anka says McClain now acknowledges that "This is It" is really Paul's song, and said, "We'll give you whatever you want, whatever it take's we'll do the right thing."

Anka says he's not trying to hold the estate up but he wants them to be fair.

And how's this .... Anka says McClain asked him to do promotion for the song.

It's Hollywood, folks.
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[DuranDuran]

Not true.

I am a songwriter with my own publishing for my own songs (some of them are under Sony-ATV!) and I own and control my portion of the songs I wrote.

I receive requests from all the major labels when they put out my compositions, and my administrative publisher then gives them a mechanical license , which gives them permission to use my intellectual property on their recording.

Except for Sony, who are F*ing crazy - and put out stuff before asking the writers. I've had my battles with them.

It's not true in all cases, but it is true for the people I meantioned. Back then some labels had staff writers, which is why Holland/Dozier/Holland only wrote for Motown. Although some staff writers would write for non-label acts under fake names, to hide it from the label as they could be sued, because staff writers are under contract.

 

[indranee]

he's jealous. like the rest of 'em.

 

[mello1]

Just because you co-write a song doesn't mean you own it. It looks as if Anka owns the rights and publishing to the song. If that is indeed the case, then he can sue the estate for copyright infringement, etc.

I would think that Sony would have had the common sense to check all that out before releasing the damn song. Good grief.