Tristan Garner + Clamaran's Pool E Music Sued for Infringement
Mon, 30 Apr 2012 13:03:59
We got a press release on the following matter. Here are the deets:
In 2009, House Planet, amongst others, brought the comeback song of Samantha Fox, dubbed "Tomorrow," featuring Marc Mysterio. Indeed, Marc had written and produced the record which was added to her 2009 Sony Music Greatest Hits album. In France, Pool E Music signed the song, but not the publishing, and it remained on the Musibox Club Charts for over 1 year and sold in excess of 30,000 units.
In 2012, Pool E priority artist Tristan Garner, releases a song called "Shine Again" featuring one Abigail Bailey. The song contains the same verse and pre chorus as Samantha's song yet substitutes the lyric "Tomorrow is another day" for "Take me to the promised land."
A 1:1 cover requires no permission. However, any changes must be approved by original author(s). Therein lies the problem.
"We received no notice of this new work and what makes it worse was that we were in contact with Laurence Patrat and Aude Dufort of Pool E concerning statements of royalties for 'Tomorrow'-- and we still have not been paid -- the very same week that the counterfeit was released -- I feel raped as this is a song and achievement I cherish and want to pass down to my successors and the rapist was my own label!" says Marc Mysterio, 28 of Montréal, Canada.
What's your take on this case?
—Frank TJ Mackey