On this date in 1990, singer/songwriter Tom Waits won a lawsuit against Frito-Lay. Waits sued the company claiming they approached him about using one of his songs in a commercial; when he declined, they found a soundalike to sing a tune very similar to Waits' "Step Right Up." He was awarded almost $2.5 million and was one of the first artists to successfully sue a company for using a soundalike.

It was not the last time Waits would battle the advertising world. In 1993, he sued Levi's after they used a cover of his song "Heartattack and Vine" by Screamin' Jay Hawkins. Levi's pulled the commercial and ran a full page apology in Billboard. In 2006, he won a suit against Volkswagen-Audi, which, like Frito-Lay, originally approached Waits about using his version of "Innocent When You Dream" for a Spanish commercial. He — as always — declined and the company tried to run a cover version instead. Waits received an undisclosed settlement. In 2007, Waits also settled a suit with Adam Opel AG, a German car company, on similar "soundalike" charges.  

Hey advertising world — yes, he has a beautiful singing voice (?!) but maybe it's time to look for artists who won't sue your pants off to use in your adverts? Just a thought …

Waits is steadfast in his refusal to have his music co-opted to sell product (he famously said, "If Michael Jackson wants to work for Pepsi, why doesn't he just get himself a suit and an office in their headquarters and be done with it"), but did do voice-over work for a dog food company once in the early ’80s.

Here's Waits on the ’70s talk show parody Fernwood Tonight singing "The Piano Has Been Drinking." Hey, that'd make a great commercial for Steinway Pale Ale. (If it existed …)

Born This Day: Musical movers and shakers sharing a May 8 birthday include the most legendary of legendary Blues musicians, Robert Johnson (1911); TV-turned-Pop-turned-Folk-Rock star Ricky Nelson (1940); the co-captain of cheesy ’70s Pop act Captain & Tennille ("Love Will Keep Us Together"), Toni Tennille (1940); former Glam Rock star ("Rock and Roll, Parts One and Two") Gary Glitter (1944); Jazz pianist Keith Jarrett (1945); singer with Funk kings Earth, Wind & Fire, Philip Bailey (1951); Talking Heads/Tom Tom Club drummer Chris Frantz (1951); Van Halen drummer Alex Van Halen (1953); Blur drummer Dave Rowntree (1964); Canadian singer/songwriter Martha Wainwright (1976); Blues Rock guitar phenom Joe Bonamassa (1977); and the man responsible for remarkable music videos for The White Stripes, Radiohead and The Chemical Brothers, French filmmaker Michel Gondry (1963).

Gondry won an Academy Award for co-writing the screenplay for Jim Carrey's second best movie (behind Mr. Popper's Penguins), Eternal Sunshine of the Spotless Mind (which he also directed). Gondry has also directed flicks like The Green Hornet, Dave Chappelle's Block Party and Be Kind Rewind, but Gondry is the rare filmmaker whose shorter works seem to be equally (if not more) acclaimed.

Gondry has done extensive work in TV commercials — his "Drugstore" clip for Levi's is the most awarded commercial in history according to the Guinness World Records folks (though it never aired in the U.S. because the plot revolved around buying condoms. God forbid!).

But it's the field of music video that first brought Gondry to the film world's attention. In 2003, along with directors like Spike Jonze and Mark Romanek, he was part of a DVD series consisting of different volumes featuring one specific director's music video work. Here's a partial look at the "tracklisting," to get a sense of his rich music-videography: "The Hardest Button to Button," "Dead Leaves & the Dirty Ground" and "Fell in Love with a Girl" by The White Stripes; "Let Forever Be" and "Star Guitar" by The Chemical Brothers; "Army of Me," "Hyperballad," "Human Behavior" and "Bachelorette" by Bjork, "Deadweight" by Beck, "Around the World" by Daft Punk and "Everlong" by Foo Fighters.

Gondry's work features heavily in the current Contemporary Arts Center exhibit, Spectacle: The Music Video, a retrospective of the history and artistry of musical film clips. It's safe to say that, in the world of music video, he's like Scorsese (crossed with David Lynch and Salvador Dali).

Click below for a trio of lesser known clips from the director.

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On this day in 1987, the Beastie Boys' debut LP Licensed to Ill became the first Rap/Hip Hop album to reach No. 1 on the Billboard album charts. Though the band members today seem embarrassed by some of the ridiculousness evident all over the album (including, no doubt, the Wiffle Ball Bat-assisted sexual assault references), it could have been worse for the now-enlightened MCs, who originally wanted to title the record, Don't Be a Faggot. Columbia refused to release anything by that name so the group was eventually convinced to go with something a little less … dumb.

In 1999, Beastie Adam Horovitz wrote a letter to Time Out New York apologizing for their youthful indiscretions on that first album, saying he wanted to "formally apologize to the entire gay and lesbian community for the shitty and ignorant things we said on our first record. There are no excuses. But time has healed our stupidity. … We hope that you’ll accept this long overdue apology."

The Boys' still perform bits of Ill, but with some careful self-editing. Here they are doing "Brass Monkey" at Madison Square Garden a few years back.

But what we really wanna know is … when does Tom Carvel get his even-longer overdue apology?

Born This Day: Musical movers and shakers sharing a March 7 birthday include celebrated French composer Maurice Ravel (1875); legendary Jazz sideman and producer, late drummer Lee Young (1917); one of the greatest frontmen in Rock & Roll history, J. Geils Band's Peter Wolf (1946); the man who played one of the most recognizable organ solos in Rock on "Whiter Shade of Pale," Procol Harum's Matthew Fischer (1946); Pop/Dance music performer Taylor Dane (1962); singer/songwriter for Louisville based Hard Rock crew Tantric, Hugo Ferreira (1974); and multi-instrumentalist with Funk/R&B/Rock & Roll legends The Isley Brothers, Ernie Eisley (1952).

Ernie Eisley was born in Cincinnati 60 years ago and he joined his brothers' group when he was old enough, playing bass on the band's "comeback" hit, the funky "It's Your Thing," in 1969. His bros — led by Ronald Isley — were already hugely successful, selling a million copies of their 1959 single "Shout," not to mention "This Old Heart of Mine" and "Twist and Shout," which, of course, became one of the group's biggest songs thanks to a cover version by a little British band called The Beatles.

When Ernie teamed up with his brothers, they became more of a "band" than a "vocal group," and enjoyed a long string of hits for which Ernie was crucial (either as songwriter or player), including "Fight the Power," "Between the Sheets" and a reworked version of their older tune "That Lady," this time featuring an amazing Rock guitar lead from Ernie.

The group split in the ’80s — Ernie found success with Isley-Jasper-Isley, the group formed with brother Marvin and his brother-in-law — and joined forces again in 1991; littlest bro Marvin retired in 1997 (and passed away two years ago), leaving only Ernie and Ronald. In 2001, the Isleys hit the charts with "Contagious," which made them the only group to have a Top 100 hit in six decades in a row (from the ’50s-’00s). The Isleys were inducted in the Rock and Roll Hall of Fame — a no-brainer, really — in 1992. While Ronald embraced being embraced by contemporary R&B and Hip Hop artists from R. Kelly to Tupac Shakur (and spent some time in the jail for tax evasion in more recent years), Ernie retreated from the spotlight somewhat, working with community groups and schools in St. Louis, where he now lives. But he still hits the road from time to time with Ronald and has continued to work as a solo artist.

Ernie has also participated in the "Experience Hendrix" tribute tours of the past few years. It's fitting — Hendrix played guitar with the Isleys when Ernie was 11 years old, even living with the Isley family in New Jersey for a couple of years before becoming hugely successful on his own.

Here's a fantastic archival video from Soul Train featuring The Isleys performing "That Lady."

On this day in 1989, Pepsi dropped Madonna as a spokesperson after complaints about her "blasphemous" video for the single (also used in the Pepsi commercial campaign) "Like A Prayer." The Vatican condemned the video for its imagery of burning crosses and Madonna kissing a black man, while religious groups called for a boycott of all Pepsi-affiliated products. The soft drink manufacturer caved and cut and run from the Pop princess. But Pepsi gave Madonna a nice parting gift — the company was so eager to get away from the controversy that they let her keep her $5 million (yes, million) advance.

Thirty years earlier, another music-related controversy erupted in the U.K. when the BBC decided that The Coasters' song "Charlie Brown" was not fit for airplay. Was it that the Peanuts comic strip was too controversial? Peppermint Patty's sexuality has always been a topic of debate. Were they afraid the youth of England would all mimic Charlie Brown's sparse curly-Q hairdo, essentially killing off the hair-care product industry? Was Pigpen's personal hygiene deficiency deemed a bad influence?

Nope — the BBC was worried about the song because it contained the word "spitball" and they were fearful kids all over would be inspired to destroy society with saliva-drenched missiles. Unlike Pepsi, the Beeb reversed its decision a couple of weeks later, apparently realizing how ridiculous the "ban" was.

Here are clips relating to both controversies. Watch at your own risk!



Click on for Born This Day featuring Richard Thompson, Sebastian Bach, Doris Day and Mike Ness.

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On this date in 1963, right after signing their deal with Decca Records, The Rolling Stones entered London’s Olympic Sound Studios to track its first single, a cover of Chuck Berry's "Come On." The single came out in the U.K. on June 7 and went to No. 21 on the U.K. charts, allowing them to begin playing shows outside of London. The band's singles steadily performed better in the U.K. — the second one, "I Wanna Be Your Man" (a Beatles cover) made it to No. 12 and their cover of Buddy Holly's "Not Fade Away" went to No. 3 (it was their first U.S. chart single, as well, reaching No. 48). In early 1964, the band had its first No. 1 single (in the U.K.) with another cover, Bobby and Shirley Womack's "It's All Over Now."

The first original song by the Stones to make it to No. 1 didn't come until 1965's "The Last Time." Later in ’65 the Stones released the following tune, which signaled the coming of a legendary, enduring band — it reached No. 1 in countries across the globe. Over 50 years after forming, the Stones are still rocking. They ended up doing pretty OK for themselves.

A 50th anniversary tour is currently said to be in the works; reports are that the band has been rehearsing in New York and New Jersey for … something (details have not yet been publicly released). Keith Richards told Rolling Stone their aiming to hit the road next year.

Mick Jagger is hosting Saturday Night Live on May 19 for the show's season finale. He'll also be the musical guest. But with whom will he perform? Maybe those New York-area rehearsals will result in a full Stones performance on SNL? All four members of the Stones were present (along with Don Was on bass). They reportedly rehearsed just a few songs, including "Miss You" and "Jumping Jack Flash."

But Jagger's most recent release was with the "supergroup" SuperHeavy, featuring Joss Stone, Dave Stewart, A. R. Rahman and Damian Marley. Perhaps that's who will play?

My money's on either a solo performance backed by SNL's band or the full Stones. Though if The Rolling Stones are performing on Saturday Night Live, you'd think NBC would be very, very eager to promote that. We'll see.

One thing of which I'm fairly certain — wanna bet Jimmy Fallon makes another cameo on SNL May 19?

Click on for Born This Day featuring Donovan, Bono, Craig Mack and Sid Vicious.

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Today in 1996, one of the greatest, most influential bassists ever, Bernard Edwards of Disco/Funk group Chic, passed away after contracting pneumonia while on tour in Japan.

My personal favorite bass line is Sly Stone's lick on "If You Want Me to Stay," but it's hard to deny the power of Chic's "Good Times," a Disco-era hit that helped lay the groundwork for Hip Hop. Edwards' bass line from the song is considered one of the most sampled pieces of music ever and it has been mimicked almost as often. Songs that wouldn't exist with Edwards' riff include Queen's "Another One Bites the Dust," Hip Hop trailblazers Sugarhill Gang's breakthrough "Rapper's Delight," Blondie's "Rapture," Daft Punk's "Around the World" and Wham!'s "Wham Rap! (Enjoy What You Do)" (hey, they can't all be winners).

R.I.P Bernard Edwards. And thanks for the groove.

Click on for Born This Day featuring Bez, Skip Spence, Grandmaster Caz and Robert Christgau.

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On this day in 1991, Country superstar Reba McEntire lost eight members of her touring entourage when their charter plane crashed near San Diego, late at night after Reba and the band had performed a corporate gig for IBM. McEntire and her husband received the news at their hotel room nearby where they'd been sleeping. On a recent episode of Oprah's Master Class, hosted by Oprah on the Oprah channel, McEntire recalled the moment she got the news, calling it "the worst thing that's ever happened in my life." She had been extremely close with the musicians and her tour manager, some of whom had been with her for many years.

That October, McEntire released For My Broken Heart, dedicated to her lost friends. The album (her 18th) featured songs about loss and recovery; in the liner notes, McEntire called it "a form of healing for all our broken hearts." The album made it to No. 3 on the overall album charts and No. 1 on the Country charts (pretty much a forgone conclusion when Reba puts out a record); the title track became her 16th No. 1 Country single and the album's "Is There Life Out There" became her 17th.

Click on for Born This Day featuring Flavor Flav, Patty Griffin and "The Hug Guy":

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On this date in 1984, the comedy motion picture Ghostbusters opened. It would go on to be ranked on the American Film Institute's list of the greatest film comedies ever at No. 28 (though they did rank Tootsie No. 2, so … grain of salt).

Besides doing boffo numbers at the box office ($238.6 million, which is like double that in today's dollars), the movie also gave us that unforgettable (for better or worse) theme song by Ray Parker Jr. (the rest of the soundtrack included such icons as Thompson Twins and Air Supply).

Like the film, the single was a hit upon its release and caught the attention of Huey Lewis — and every other person on the planet who had heard his 1983 hit with The News, "I Want a New Drug." The song features the same rhythm, similar vocal inflections and melody and, most glaringly, a practically identical bass line, so Lewis' answer to Parker Jr.'s "Who you gonna call?" was "My lawyer!"

To make matters worse, Lewis (as well as Lindsey Buckingham) had reportedly been approached to write the theme song to Ghostbusters, but was too busy with Back to the Future soundtracking. It took a while, but in 1995, an "amicable" settlement was reached.

One of the stipulations of the settlement was that neither party could discuss it (or the case) with anyone (especially the public). But in 2001, Lewis talked about the controversy and lawsuit in his Behind the Music special on VH1. Lewis said, "The offensive part was not so much that Ray Parker Jr. had ripped this song off, it was kind of symbolic of an industry that … wanted our wave, and they wanted to buy it. (It's) not for sale. ... In the end, I suppose they were right. I suppose it was for sale, because, basically, they bought it."

So Parker sued Lewis in 2001 for talking about the case. He claimed that the agreement they had reached was "directly related to (Ray's) comfort, happiness and welfare" and that Huey's statement caused him emotional distress. I can't find info on whatever happened in that case, but it seems logical to assume another settlement was reached. And this time, so far, everyone's kept their mouth shut.

What do you think? I think they both could have been sued by British Synth Pop project M, whose biggest hit, "Pop Muzik," also sounds similar … and came out in 1979! Maybe this legal kerfuffle can stretch into a fourth decade. Check all three out below and you be the judge.







Born This Day: Musical movers and shakers sharing a June 8 birthday include daughter of Frank and artist in her own right, Nancy Sinatra (1940); one of the founding members of Parliament/Funkadelic, Fuzzy Haskins (1941); one of the vocalists for rockers Three Dog Night, Chuck Negron (1942); Ohio native and ’70s hitmaker Boz Scaggs (1944); the singer who made the blissfully craptastic video for "Total Eclipse of the Heart" possible, Bonnie Tyler (1951); Bluegrass (and beyond) guitar great Tony Rice (1951); influential guitarist (with Black Flag) and label operator (with SST Records) Greg Ginn (1954); Rod Stewart fill-in and Simply Red frontman Mick Hucknall (1960); keyboardist for New Romantic superstars Duran Duran, Nick Rhodes (1962); guitarist and founder of The Derek Truck Band (duh), member of The Allman Brothers Band and co-founder of the Tedeschi Trucks Band (with wife Susan Tedeschi), Derek Trucks (1979); fiddler known for her solo work and her time with the group Nickel Creek, Sara Watkins (1981); and Hip Hop musical genius (yes, just because he knows it, too, doesn't mean he isn't one) Kanye West (1977).

As a happy 35th birthday present, we offer something we know West will appreciate — free publicity (and calling him a genius — that counts as part of the gift, too!). In return, I expect a pair of Air Yeezy II sneakers for MY birthday.

Here's "Mercy," West's latest video (another thing he is especially good at making) for his track with 2 Chainz, Big Sean and Pusha-T. (It says "explicit," but just for a couple of salty words here and there; mildly NSFW. I guess. I mean, I don't know where you work.)

On this date in 1949, American musical icon Hank Williams made his debut at the Grand Ole Opry at the age of 25. It was the beginning of a very difficult relationship.

Even though things soured, Williams' Opry debut was a career-defining moment. The singer/songwriter wowed the crowd so much, he was called back for six encores (the encores ultimately had to be halted so the rest of the show could go on).

Williams' reputation for heavy drinking put off the Opry initially, but as his star continued to rise — boosted by the success of "Lovesick Blues" (recorded at the Herzog studio here in CIncinnati) — the Country music institution finally relented and invited him to perform.

Williams continued to make Opry appearances over the next three years, but he was banished in 1952 for his alcohol-related issues. Hank died just a few months later, in January of 1953 at the age of 29.  

Over the past eight or so years, Hank Williams' grandson, Hank III, and other supporters have participated in a campaign to have Williams posthumously reinstated to the Grand Ole Opry. CityBeat also lent a hand, promoting the "Reinstate Hank" campaign during a tribute presented by the Cincinnati USA Music Heritage Foundation in honor of Hank's historic recording sessions in Cincinnati (Herzog studios was located where CityBeat and the CMHF headquarters now reside). Check a clip below.


The reinstatement campaign has yet to work and seems to have lost some steam. But click here to learn more about the attempts to right such a ridiculous wrong.

Born This Day: Musical movers and shakers sharing a June 11 birthday include the least hirsute (ironically!) member of ZZ Top, drummer Frank Beard (1949); Soft Rock god with Air Supply, Graham Russell (1950); guitarist/singer of Southern Rock group .38 Special, Donnie Van Zandt (1952); Flaming Lips drummer-turned-guitarist Steven Drozd (1969); and Heartless Bastards singer/guitarist Erika Wennerstrom (1977).

Though she and her band are currently based in Austin, Tex., Wennerstrom grew up in Dayton before relocating to Cincinnati. As Wennerstrom has grown, matured, changed and become more confident, so has her band's music. After releasing her first two albums, Wennerstrom headed to Texas and retooled the band, adding two different musicians also from our area — Jesse Ebaugh and Dave Colvin — who joined Wennerstrom in Austin. Since then, the Bastards' albums The Mountain (a more earthy, less balls-out effort) and this year's Arrow (a great combination of everything the band does well) have continued the trend of each successive HB album drawing the group higher praise and more fans.

A happy 35th b-day to Erika. We miss you here in Cincy. Below, check out an interview and acoustic session recorded for American Songwriter.

On this date in 1976, British Rock legends The Who performed a concert at the Charlton Athletic Football Ground in London that was one for the record books. The Guinness Book of World Records, in fact. The records-keepers deemed The Who's concert the loudest ever, with the sound measuring 126 dBs about 100 feet from the stage. Unprotected exposure to noise over 110 dBs for longer than a minute is said to increase risk of hearing loss immensely. (Click here for more dB danger talk.)

AC/DC cracked The Who's sound barrier in 1980, reportedly reaching 130 dBs during its Back in Black tour, though it was not recognized by Guinness. The Metal band Manowar received the Guinness record for a 1984 performance (129.5 dBs). Other acts that some have claimed broke the record include Motorhead (130 dBs), Electronica band Leftfield (137 dBs) and, in 2009, KISS (136 dBs). Manowar reportedly hit 139 dBs during a soundcheck in 2008.

What's the loudest concert you've ever attended?

Here's a recording of the first song from The Who's record-setting set in 1976.

 
Born This Day: Musical movers and shakers sharing a May 31 birthday include Ohio native and Country singer Donald Eugene Lytle, bka Johnny Paycheck (1938); Folk singer with Peter, Paul and Mary, Peter Yarrow (1938); the greatest Rock drummer of all time, Led Zeppelin's John Bonham (1948); member of German Electronic pioneers Kraftwerk, Karl Bartos (1952); Disco singer ("Turn the Beat Around") Vicki Sue Robinson (1954); masterful fingerstyle guitarist Tommy Emmanuel (1955); yet another later-period Kraftwerk member, Fritz Hilpert (1956); Canadian one-hit-wonder and noted wearer of sunglasses when the sun goes down, Corey Hart (1962); late schizophrenic cult music hero Wesley Willis (1963); Fall Out Boy drummer Andy Hurley (1980); hit-making rapper Juaquin Malphurs, who you know better by the ridiculous stage name Waka Flocka Flame (1986); and Hip Hop pioneer Darryl "D.M.C." McDaniels (1964).

D.M.C. was originally drawn to DJing, but after he and pal Joseph "Run" Simmons teamed up with DJ Jam-Master Jay, he decided to be an MC. (His "D.M.C." moniker was a play on his initials and nickname, Darryl Mac, and also stands for "Devastating Mic Controller.) Run-DMC released its first album in 1984. The trio, of course, went on to become one of the greatest acts in Hip Hop history.

In 2009, Run-DMC was inducted into the Rock and Roll Hall of Fame, the second Rap group to be allowed into the hall (Grandmaster Flash and the Furious Five were first; pals Beastie Boys were inducted this year, making three Hip Hop acts in the Hall.)

It was recently announced that the much anticipated Hip Hop Hall of Fame's museum will be opening in midtown Manhattan in 2014. The exact location has yet to be announced (it's expected to be revealed in July). The Hall will be similar to Rock's Hall, featuring memorabilia and exhibits related to the last 30 or so years of Hip Hop.

The museum has been in the works since 1992. Like the Rock Hall, the Hip Hop Hall began inducting members before they had a brick-and-mortar museum to put them in. The awards ceremonies had been broadcast on BET, but the program was halted in 1997, after Tupac and Biggie were murdered. The Hall of Fame Awards' induction ceremonies are set to return in November, to be broadcast from the Apollo on TV-One.

Run DMC is, of course, in the Hip Hop Hall of Fame. They were inducted in 1996:



All of this museum talk gives a whole new perspective on the trio's classic 1984 "King of Rock" music video.