.

Poison Sued for Alleged Plagiarism

Obscure band claims hair-metal rockers stole tunes

October 24, 2011 1:50 PM ET
Bret Michaels of Poison
Bret Michaels of Poison
Jerritt Clark/Getty Images

Poison have been hit with a lawsuit from an obscure rock band who claim that the hair-metal icons plagiarized a handful of their songs over 20 years ago. The suit, filed by members of the band Kid Rocker in Illinois federal court on Wednesday, alleges that several of their songs were the basis for Poison hits such as "Talk Dirty to Me," "Fallen Angel" and "I Won't Forget You."

According to Kid Rocker members Billy McCarthy and James Stonich, Poison guitarist C.C. DeVille acquire a tape of the band's songs when he tried out for their group in 1984. Kid Rocker disbanded later that year, but McCarthy says that he presented songs for DeVille's use as a member of another band, Screamin' Mimis.

Photos: Random Notes
McCarthy and Stonich are now suing members of Poison, as well as Capitol Records and EMI, for copyright infringement. It's unclear why the musicians waited 25 years to pursue a lawsuit, particularly when the three-year statute of limitations in copyright cases has long since expired. Daniel Voelker, the plaintiffs' attorney, tells the Hollywood Reporter that there is precedent in the case Taylor v. Meirick for "continuing wrong" in copyright theft, though many courts have rejected this theory in the past.

To read the new issue of Rolling Stone online, plus the entire RS archive: Click Here

prev
Music Main Next

blog comments powered by Disqus
Around the Web
Powered By ZergNet
Daily Newsletter

Get the latest RS news in your inbox.

Sign up to receive the Rolling Stone newsletter and special offers from RS and its
marketing partners.

X

We may use your e-mail address to send you the newsletter and offers that may interest you, on behalf of Rolling Stone and its partners. For more information please read our Privacy Policy.

Song Stories

“San Francisco Mabel Joy”

Mickey Newbury | 1969

A country-folk song of epic proportions, "San Francisco Mabel Joy" tells the tale of a poor Georgia farmboy who wound up in prison after a move to the Bay Area found love turning into tragedy. First released by Mickey Newbury in 1969, it might be more familiar through covers by Waylon Jennings, Joan Baez and Kenny Rogers. "It was a five-minute song written in a two-minute world," Newbury said. "I was told it would never be cut by any artist ... I was told you could not use the term 'redneck' in a song and get it recorded."

More Song Stories entries »
 
www.expandtheroom.com