Posted on 01/12/2004 8:34:06 PM PST by Wumpus Hunter
QUEBEC (CP) - A furniture company being sued for using late rocker Frank Zappa's music in a TV commercial said Monday the rocker's wife turned down several offers to settle out of court.
Jacques Tanguay, president of Ameublements Tanguay Inc., said in an interview Gail Zappa has rejected a number of offers since 1995 in a dispute over his company's use of the Zappa tune Watermelon in Easter Hay. Zappa's widow was in Federal Court Monday, seeking unspecified damages from the company for copyright violation related to a 1995 appliance advertisement.
The song was played as background music in the ad, which ran briefly in Quebec City and eastern parts of the province.
Daniel O'Brien, lawyer for the furniture company, said Monday the firm did nothing wrong.
"What we're saying is that Ameublements Tanguay has hired a professional firm for the production of this commericial and obviously a mistake was made by that professional firm and it wasn't to the knowledge of Ameublements Tanguay and for that reason it does not consider itself responsible for any damages," he said.
The case is expected to last a week.
Tanguay said his company didn't know the song was under copyright, adding his chain tried in vain to prevent the case from landing in court.
"There have been talks a number of times over the past nine years," said Tanguay.
"(There were) many attempts to settle this but unfortunately we're in court."
Tanguay said his company commissioned a now-defunct Quebec City producer to produce the commercial.
He said the producer, Karma Productions, subcontracted the musical work to a freelancer without confirming whether the Zappa song was cleared for use.
But Gail Zappa, who flew in to the provincial capital for the court hearing, rejected Tanguay's pleas of ignorance.
She has been a staunch defender of her late husband's work since his death from prostate cancer in 1993 at age 52.
In her statement of claim, filed in July 1998, the Los Angeles resident accused Ameublements Tanguay of knowingly ripping off the song even though they knew it was under copyright.
The claim said the store "distorted, mutilated or otherwise modified the composition and used it in association with a product."
Gail Zappa is named as a plaintiff, along with her daughters Moon Unit, Dweezil, Ahmet and Diva.
She said in an interview that there's a good reason countries enact copyright laws.
"Those countries make copyright laws to protect and encourage artists to create works that represent the culture of that country," she said. "It's exactly why copyright laws exist. So it's my job to defend all artists' rights at the same time I defend Frank Zappa's rights."
In an interview, Gail Zappa said the store refused to apologize for plagiarizing Watermelon in Easter Hay, found on the 1979 album Joe's Garage.
"I don't want anybody standing between Frank Zappa's music and his audience," Gail Zappa reported from her Quebec City hotel room on Sunday.
"That's his (Frank's) right as creator of the music."
She needs a lead filled snowshoe - (peekaboo!)
I hope she jumps up'n down on the chest of'a, and injures the fur trapper!
They might be moving to Montana.
That's what I thought, and that's the way it works in my business. Unless they can prove that the client knew or should have known that the producer screwed up the permissions (information that no client in my experience has access to or even worries about - that's why they work with other professionals), I don't believe they have a leg to stand on. But then again, this is Canada.
Furniture store settles Zappa lawsuit
Associated Press MONTREAL - A dispute between a Canadian furniture store that used the late Frank Zappa's music in a TV commercial and the rocker's widow was settled out of court Tuesday.
Ameublements Tanguay Inc. has apologized to Gail Zappa for using the unauthorized music in 1995 and settled the civil lawsuit for an undisclosed amount.
"I'm very pleased to say that I did get want I wanted, which was a formal apology," Gail Zappa said outside court in Quebec City.
Furniture company president Jacques Tanguay said Monday there had been several attempts over the past nine years to settle the matter out of court. It was unclear how Tuesday's offer differed from past efforts, but it may have been a letter of apology acknowledging copyright violation.
Zappa's widow, who lives in California, was seeking unspecified damages from the store for copyright violation related to an appliance advertisement.
The song "Watermelon in Easter Hay" from the album "Joe's Garage" was played as background music in the ad, which ran briefly in Quebec City and eastern parts of the province. A Quebec fan notified the Zappa family about the commercial.
Tanguay has said his company commissioned a now-defunct Quebec City producer to produce the commercial. He said the producer, Karma Productions, subcontracted the musical work to a freelancer without confirming whether the Zappa song was cleared for use.
Gail Zappa has been a staunch defender of her late husband's work since his death from prostate cancer in 1993 at 52. He was inducted into the Rock and Roll Hall of Fame in 1995.
Check out this interview with Gail Zappa!
Here's my favorite part:
LAUNCH: Cool label name! How many hours of music do you think you have?
GAIL: Almost every show from 1972 to 1988 was documented, and that's not including all the scattered stuff from '64-'72. And those are just concerts. That's not studio work.
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