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发表于 2007-9-12 01:38:31
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| IF WE CAN START ALL OVER/ YOU ARE NOT ALONE - The facts and the story behind. (English version) | 
IF WE CAN START ALL OVER/ YOU ARE NOT ALONE
The Facts and the story behind. (English version)
1995.
Belgian right society SABAM confirmed, after close examination, that ‘the most important and largest part’ (the verses & refrain) of the song YOU ARE NOT ALONE (that R. KELLY presented in 1995 to Michael Jackson) are “identical” to the 1993 registered song “IF WE CAN START ALL OVER”, composed by Belgian Twin Brothers Eddy & Danny VAN PASSEL. R. Kelly used 75% of the C. 1993 protected VAN PASSEL composition.
A legal case started before the court of First Instance in Louvain/ Belgium end of 1995.
On the one hand this court concluded in 2003 “completely” correctly that the song IF WE CAN START ALL OVER, composed by the VAN PASSEL’S, is original and protected by Law and the International treaties. This is obvious, cause you immediately can recognize the tune used in YOU ARE NOT ALONE when listening to different songs. That proves that our composition is original. But on the other hand this court completely miscalculated that only 43,46% has been used instead of 75%, as examined by the SABAM experts in 1995. They even used a completely corrupted and distorted version of our song in First Instance.
Van Passel Brothers Music “immediately” went on Appeal, cause it was proven that there is striking similarity.
There are immense coverversions/ rearrangements of this Michael Jackson NR. 1 hit and for instance the ringtones exist for 100% out of the protected VAN PASSEL c. 1993 copyright. Imagine that even the usages of a sample ‘of
only a couple of seconds’ needs prior written consent of the original copyright holders and here in YOU ARE NOT ALONE 100% of our original protected stamp and identity is being used.
Find out more about R. Kelly, who already used an unauthorized sample http://www.pavlo.net/press/fullnews.php?id=10 )
Van Passel Brothers wanted to keep things quite and for many years we succeed.
Last week (30.3.2006) we were contacted by an important news provider in New York (VIBE.COM) and since then there was an ‘immense’ global reaction. It looks like that there is another certain R. KELLY lawsuit in the USA and the media wants to find out more about R. KELLY. In the meantime we are contacted by news media from all over the globe.
We can only refer to the Law and the International treaties.
For usage of our copyrights a prior written consent and approval is needed. According law and the statutes of BMI, a person who is using a protected copyright without approval (like R. KELLY), don’t receive royalties and all generated rights (100%) is reserved for the original composers.
YOU ARE NOT ALONE is the first song in history that debuted at NR. 1 on the Billboard Hot 100. http://www.amazon.com/gp/cdp/member-reviews/A1GOJJQ3EK8NB9/002-9981785-1955233?_encoding=UTF8&display=public&page=6
As confirmed by his lawyers; R. Kelly created "YOU ARE NOT ALONE" in "JUNE 1995". But the song was released end of June 1995 and (as everybody knows) the development of a product takes time (to create a demo/ the real recordings of instruments, vocals, the mixing process, pressing of CD's & sleeves, making of the video, etc. .). These recordings took place at least early 1995 < before
R. KELLY created his so called own composition <. Which proves that it was indeed our song that was presented to Michael Jackson.
Professional composers clear their work with the US copyright office, what BMI highly recommend. http://songwriter101.com/faq/459_0_3_0_M/
Also for instance Michael Jackson & the Bee Gees do this. (A tape of all songs called but "Evolution" called the "copyright mixes" was registered at the US copyright office in December 1990. "Evolution" was registered
separately in February 1991.) http://www.columbia.edu/~brennan/beegees/91.high.html
http://www.columbia.edu/~brennan/beegees/85.eaten.html
R. Kelly never registered his, so called own, creation prior to the release. Only (remarkably) after the song was released, KELLY submitted the song to BMI. BMI clearance date and reference is: cleared 09/15/1995 -title # 002056059.
This is a very remarkable and strange behavior.
In between ZOMBA and BMG Music Publishing ‘merged’. BMG is the publisher of certain VAN PASSEL Brothers Music songs. BMG for instance is the publisher of our very first coverversion, recorded in 1985 in SWEDEN in the famous ABBA studio’s, POLAR MUSIC in STOCKHOLM. BMG MUSIC PUBLISHING is currently sueing a company for copyright infringement on one of our songs in S.E. ASIA.
BMG already confirmed that YOU ARE NOT ALONE is a blatant & direct copy of IF WE CAN START ALL OVER and that prior written consent and approval is required. (As also the clauses in their own publishing contracts from 1985 explicitly confirm)
VAN PASSEL BROTHERS MUSIC can only refer to the Law and International treaties. YOU CAN’T DISCUSS MUSIC, YOU’VE GOT TO LISTEN TO IT.
http://www.youtube.com/watch?v=kMckIGS8Ndw
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发表于 2007-9-12 01:18:05
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