Bastards Stole My Song
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Jean McGrath wrote @
Fair is Fair! ‘On the Inside’ was the original & Allan Caswell should get his due recognition & recompense!
Jason Walker wrote @
Hi there – I’m a songwriter and I can definitely hear that there’s not only a ‘similarity’ but the tempo, chord changes and melody are almost identical. There’s also a Joe Henry song from his 1993 album Kindness of the World called ‘She Will Always Go’ which bears a slight resemblance to ‘On the Inside’. But it’s nowhere near as obvious a ‘lift’ as this is. Sony ATV should sort this matter out as soon as possible, considering the decision that was recently made in favour of Larrikin Music against Men At Work – and that was for something far less obvious (some would say that Larrikin had no case at all). This is a far more blatant steal.
Alan W Ward wrote @
It’s a no-brainer. Caswell has been ripped off. ATV Sony now need to behave like responsible adults and not like an average corporation. Alan Caswell must be paid for his work.
Darren Churchill wrote @
I’ve heard both Lynne Hamilton’s version and Allan’s own version of “On the Inside” (as well as most other recorded covers of it) often enough over the years to recognise the song when I hear it. “Christmas in Dixie” does indeed sound like “On the Inside. I think Caswell has a case.
Artists have a right to derive fair income from their work and not have it stolen by others or taken unfairly by record companies.
Brian Engel wrote @
All parties, the Alabama writers, ATV and Mr Cresswell should have dealt with this in a professional manner from day one.
ATV Music was always a bit chaotic (at least it was in London, when I was signed to them) and they had staff there who were well meaning and keen, but rather uninforemd about how the music business actually works. As far as I could see L.A. was the same.
The CORRECT thing to have done was to get ASCAP/BMI/SESAC (who evr it was) APRA and PRS etc to put the royalties into what is called (at least by the PRS) Duplicate Claim. This means that NOBODY gets any money unitl the parties sort out the agreement between themselves. Its amazing how NOBODY getting any money soon produces a result.
The trouble is that the dept at ATV which deals with the royalties was probably too busy and under the cosh to liaise with the Business Affaiirs/Legal team who, in turn, probably followed the received major publisher wisdom of “where there’s a hit, there’s a writ” and did nothing unitl they were served.
It is a failure of what ATV used to call A and R; basocally, a person charged with writer relations should have sent a soothing letter to all parties and oiled the wheels of commerce with a few grand and a couple of expensive lunches in the right place and it would all have gone away.
It has all gone away now, anyway, because the Statute Of Limitations is up on it all, but the PRINCIPAL is the same.
I am certain that if the right people at Sony were reminded of this, that they would arrange for an adjustment at a COLLECTION SOCIETY level.
All people involved in the Publishing business (writers and publishers alike) should know that EVERYTHING revolves around what the Collection Societies do. Publishers only get their money from the Society, the same as the writers, and THEY are often short changed by Societies in exactly the same way that writers are.
The trouble with many major publishing companies seems to be that most of the front line staff and management don’t really understand that fact. The writers often seem to think that publishers have “their own” money, forgetting that it all comes from the same place.
From my own point of view, I noticed the similarity between the two songs immediately but, becasue theyw ere both published by ATV, assumed that it had all been taken care of “behind the scenes” (as majors have done in simlar cases in the past).
Perhaps I should have known better.
Conversely, I can think of several songs which have a simlar melodic structure predating both songs (notably George Hamilton 4′s “Canadian Pacific)…….
What it all comes down to is WHY ATV Music did NOT have anyone in the company capable of deliberating on the copyright infringement and offering an expert opinion. Why do publishers need “musicologists?” Isn’t THAT what publishers are supposed to be for?
I don’t need a “musicologist” to tell me when one of my copyrights has been infringed. I can hear it! So can anyone else with half an ear. If you need “musicologists” to explain in terms of contrapuntal, pandiatonic clusters or pentatonc tabulation then there is no obvious nick!!
Jean McGrath wrote @
It would probably have been sorted out sooner had the Alabama record been released in Australia It was apparently only by chance that it was heard in ‘OZ’ .some years ago it’s the publisher who’s stalling. Time and distance doesn’t exonerate the publisher for not doing the job they’re still getting paid for, from both artists!
It was Sony/Atv who called for the musicologist’s report not the writer. Like you he didn’t need a musicologist to confirm the infringement. and that would go also for everyone else who’ve listened to & supported this claim!
Clelia Adams wrote @
I too have heard Allan’s “On The Inside” so often over the years, (even sang it myself) and to my ears, “Christmas In Dixie” is a blatant rip-off! I agree totally with Jason Walkers comment that the plagerism involved here is so much more obvious than the Men At Work/Larrikin situation. Allan Caswell most certainly has a case, and deserves all compensation/royalties due to him as the writer of the song.
Leigh Ivin wrote @
Well… this isnt exaclty the same as the men at work thing is it?
Get’s me how any writer could so blatently do such a thing. This is no “hat tip”. It’s plagarism.
flagg1209 wrote @
1978 this was written, and you think that you should still be paid?
Your poll should have another option…
“Copyright is broken and should be fixed, nobody should be paid for work they did over 30 years ago – or I should still be paid for the work I did back then too!”
Whilst you may be a talented songwriter, you were paid for the job. Get over it and move on, or get a real job like everyone else, where you only get paid once for your work.
copymysong wrote @
The songwriters contract is that he or she gets paid a success fee. And that fee or royalty is paid when the song is sold for the duration of the life of copyright. But that is not what this is about. This is about someone else getting paid for the work of one person. If you did a job and someone else got paid for it, wouldn’t you be upset? This is the point here, not whether copyright is broken or needs fixing….
dti wrote @
There’s no option for “Split the earnings 50/50″, so I’m casting my vote here in the comments.
Marian wrote @
Unlike most of us, songwriters do not get a weekly wage, sick leave, holiday pay, long service leave or even a regular income. The majority live in hope of a hit song for survival. Very few make “a packet” from royalties, they are lucky to get enough to live on.
So, to suggest that their royalties should be just shared with anyone who wants them is ridiculous…
Perhaps we should all give half our wage to Alabama, (for the work we have done…) I don’t think so !!!
Ron Norman wrote @
No doubt a ripoff i hope that it does not take years to get justice. By the way I just dug out two copies of a 45rpm on EMI custom records both signed by Allan at the panania hotel year ? of The Australia’scup and on the flip Lonelyheart’s Waltz.Again good luck.
John Pickworth wrote @
No argument Alan.You wuz robbed!
Heard your interview with John Stanley on 2UE this morning-which has prompted this comment.
sylvia raye wrote @
What a terrible situation. It is like someone has stolen your soul. This song came from your creativity, it is as though part of you has been taken away.
There must be some way you can get justice here.
What do Alabama have to say for themselves? What does Sony have to say also?
Good luck Allan, this is just not fair!
Jeremy Drake wrote @
It’s possible to sing the tune from “Christmas…” to “On the Inside”, so to my ears it’s outrageous plagiarism.
Good luck, Allan! Hope the powers-that-be see sense and not only acknowledge that it’s your song, but also pay you what you are owed in royalties.
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lorraine & Brian wrote @
It is definetly The Prisoner Cell Block theme tune, we should know we have heard it many times as we have the complete set of prisoner on dvd.Keep on fighting for your rights,its your tune.blooming good one too.
lorraine & Brian wrote @
Its definetley your Tune.We have the complete dvd set of prisoner and so have heard it many many times,and a blooming good theme tune it is too.keep fighting for your rights,you little beauty..
Eric wrote @
As a music business professional can tell you, Songs, like books are what’s called intellectual property, and the belong to the individual(s) who created them. Living here in the States and having worked with the Band Alabama, I can guarantee that if the shoe were on the other foot Randy Owen and Teddy Gentry et al. would be suing Alan Caswell until they won. This is a clear case of copyright infringement, and it needs to be rectified. Music really is a business, and a livelihood for many. A job means you are paid for your work not once but the life of the author + 50 years.
Not stolen wrote @
The only thing that matters in the copywrite world are the lyrics. The music dosn’t really matter to them. This is just another case of somebody wanting to make a quick buck off of others who have worked theri butts off to “make it”.
joe klemm wrote @
Atleast your not in my shoes. Today is a day I will never forget. Listening to the radio, I heard my first song. The thing is, it wasn’t me singing. Until now I never knew. So it hurt me and there is nothing I could do about it.It was not copywritten and I have never known who to even try to play for if I wanted money. To me it is flattering to find out it made 68th on the charts and a popular band played it. I’m just happy that people enjoyed it and now I have a new belief in my own stuff that is very encouraging.
kirsty wrote @
I shouldn’t really be amazed that this has happened to Allan, it has though. It is so much the same song I am incredulous that someone has voted that it doesn’t sound like a copy (obviously that person would be tone deaf?) I hope Sony and Alabama have to pay, pay, pay our dear Aussie writer… I thoroughly enjoyed listening to that song and it is totally copied into my head for all time because of my viewing prisoner for quite a few years. Shame on Sony and Alabama for this scam!!!
Copyright is copyright. What do they not understand.