A bit off topic but since my previous post led to plagiarism, I thought I would look further into that.
Other Plagiarism Lawsuits brought against Michael:Will You Be ThereThe full version of the song includes a prelude featuring the Cleveland Orchestra and the Cleveland Orchestra Chorus performing a portion of Beethoven's ninth symphony. The segment is from the fourth movement and is a lesser known portion of the famous "Ode to Joy." The German lyrics were written by Friedrich Schiller.
Do you bow down, millions?
Do you sense the Creator, world?
Seek Him beyond the starry canopy!
Beyond the stars must He dwell.
"Will You Be There" was the subject of two lawsuits.
1992: The first was for copyright infringement of the Clevelend Orchestra's recording and lack of credit to Beethoven for the use of his symphonic prelude. The suit was filed by the Cleveland Orchestra for 7 million dollars and was settled out of court. Subsequent printings of Dangerous have included full credits in the album booklet.
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LoginCleveland Orchestra Sues Jackson Over 'Sampling'April 25, 1992 By RONALD SULLIVAN
Rap musicians have long been freely appropriating excerpts from other artists' recordings for their own use, a practice known as electronic sampling.
But the nonprofit organization that operates the Cleveland Orchestra contended yesterday that Michael Jackson and Sony Music Entertainment Inc. had gone too far when they included a 1-minute-7-second segment of its recording of Beethoven's Ninth Symphony in Mr. Jackson's latest album, "Dangerous."
In a complaint filed in United States District Court in Manhattan, the Music Arts Association of Cleveland conceded that the music of Beethoven was no longer protected by copyright. But it contended that the Cleveland Orchestra's "unique" 1961 recording of his Ninth Symphony was protected, and asked for a total of $7 million in compensatory and punitive damages.
The complaint was the latest volley in a growing legal war over sampling that thus far appears confined to rap and popular music.
Thomas W. Morris, the executive director of the Cleveland Orhcestra, said: "We respect Michael Jackson's innovative efforts to integrate pop and classic music. Our complaint is that Sony authorized or permitted Jackson to use the excerpt of our recording without our knowledge or consent, did not credit our work on Jackson's album and attributed the Cleveland Orchestra's performance to others."
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Login1992: The second lawsuit was a claim of plagiarism by Italian songwriter
Albano Carrisi. Carrisi claimed that "Will You Be There" was copied from his song "I Cigni di Balaka" ("The Swans of Balaka"). After seven years, an Italian court ruled in favor of Jackson, stating that while the two songs were very similar, they were both inspired by a traditional Indian song. Carrisi was ordered to pay all legal fees related to the case.
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LoginDangerousTV Talk Show Host Crystal Cartier is best known as the songwriter that dared to challenge Michael Jackson for copyright infringement ("Dangerous") in Denver.
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LoginJackson Attorneys Attack 'Expert' TestimonyColorado Springs Gazette February 09, 1994
Defense attorneys representing Michael Jackson tried to discredit an "expert witness" called by plaintiffs Tuesday in the copyright trial involving Denver songwriter Crystal Cartier.
Cartier claims Michael Jackson's 1992 hit "Dangerous" mirrors a version she wrote in 1985 with her band Love Story and copyrighted on July 29, 1991. The case is in being heard its second day of testimony in U.S. District Judge Edward Nottingham's courtroom.
Michael Jackson did not appear in court Tuesday. Cartier plans to seek $40 million or more in damages if she prevails in her lawsuit. She is represented by Bob Eberhardt of Denver. Denver musician Kris Farrell gave testimony as the two versions of "Dangerous" by both Jackson and Cartier were played to a stoic courtroom audience. "I think the most important similarity is in the choruses of the songs," he said. "...And the most obvious similarity is the use of the word 'dangerous.'"
In cross-examination, defense attorney Rich Gabriel first questioned the credibility of Farris' status as a witness in the case. "Do you understand the concept of independent expert?" he said. Gabriel read a definition which stated impartiality as a requirement. "Do you agree that the opinion that you gave today was in collaboration with Ms. Cartier?" he asked Farris. Farris answered "Yes."
Gabriel also challenged each similarity cited by Farris between the two songs. Those included sharing the same drumbeat, key and theme of dangerous love. "Are you aware, sir, there are over 200 songs copyrighted since the mid-1930s under the title, 'Dangerous?' " he asked, to which Farris replied no. "The concept of dangerous is not unique or original to either Ms. Cartier or Mr. Jackson," said Gabriel, to which Farris agreed.
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LoginRemembering Michael Jackson's legal faceoff against Denver's Crystal CartierBy Michael Roberts, Fri., Jun. 26 2009
...a trial that took place right here in Denver -- one that pitted Jackson against singer-songwriter Crystal Cartier. She argued that MJ had used portions of "Dangerous," a song she'd written, in a number with the same title that he claimed to have penned himself.
"I don't know if [Jackson] knew it was my song at the time he made his decision to rape it," she told Westword at the time, "but he damn sure knew that it wasn't his."
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LoginAnd this song sounds nothing like Michael's at all! :lol:
[youtube:1vj9uths]http://www.youtube.com/watch?v=r3lolbFqCN4[/youtube:1vj9uths]
Jury rules that Michael did not steal the song 'Dangerous.' Article from: Jet Magazine Article date: March 7, 1994
For the second time, pop superstar Michael Jackson has been exonerated of accusations that he stole someone else's song. It took a U.S. District Court jury a little over three hours to find Jackson innocent of copyright infringement for his hit album, Dangerous.
Denver songwriter Crystal Cartier had alleged in a lawsuit that Jackson stole the song from her after hearing a demo tape. Cartier claimed to have written the song in 1985, revised it a few years later, and gave a tape of it to a Jackson aide in 1988. She said she later copyrighted it in 1991. Jackson said no one helped him write the song and he denied ever hearing Cartier's song before she filed her lawsuit.
On Jan. 12, a Los Angeles jury ruled in Jackson's favor in a similar lawsuit involving his hits Thriller, The Girl Is Mine, and We Are The World.
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2005 TrialThe People v. Jackson trial began in Santa Maria, California, two years after Jackson was originally charged. During the trial,
the judge allowed the prosecution to bring in evidence needed to determine whether or not a defendant had a propensity to commit certain crimes. This meant that
the prosecution was allowed to use any evidence it had against Jackson from the 1993 allegations to help secure a conviction. Although evidence from 1993 was used, Jordan Chandler did not appear in the Jackson trial. The trial lasted five months, and Jackson was found not guilty on all counts in June.
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LoginIs it a coincidence that all these lawsuits were occurring within a short period of time? And during all of these lawsuits, the first molestation accusations are made in August 1993. The plagiarism lawsuits were trying to tear apart Michael's career, destroy the albums "Dangerous" and "Thriller". These lawsuits, combined with the molestation accusations, does show that there was a campaign undertaken to destroy Michael Jackson, using different fronts. Painting him as a liar, cheater, thief, and sexual predator...
The first molestation accusations though never reaching court (against Michael's wishes) laid the basis of the 2005 case...a history of previous behaviour. These first allegations, though never heard, never substantiated and no conviction, where permitted in court and used in the media to manipulate and shape many people's perceptions of Michael. His public persona was very tarnished and in reality a conviction wasn't needed to harm his reputation and public image. It seems a large part of out society never looks much further than what the media tells them is the truth and thinking for oneself is not highly rated.
Edit: I forgot to mention that Crystal Cartier tried to sue fro $40 million dollars.