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Love song lands Carey in court.


An appellate court has denied a petition by singer Mariah Carey to rehear re·hear  
tr.v. re·heard , re·hear·ing, re·hears
1. To hear again.

2. Law To give a new hearing to (a case) by the same court.

Verb 1.
 a copyright infringement case regarding her 1999 hit "Thank God I Found You."

A three-judge panel in the 9th Circuit Court of Appeals reinstated a lawsuit filed by Seth Swirsky and Warryn Campbell, who composed "One of Those Love Songs" for the now-defunct R&B Atlanta band Xscape. The composers claim that Carey's piece, which was released on her album "Rainbow" in November 1999, shares a similar chorus to their 1998 song and infringes their copyrights.

They also sued Carey's co-writers, James Harris II and Terry Lewis, their studio, Flyte Time Productions Inc., as well as publisher Sony Music Entertainment Sony Music Entertainment is a major global record label controlled by the Sony Corporation. In 1988, Sony Corporation acquired CBS Records, Inc. for $2 billion. CBS Inc., now CBS Corporation, retained the rights to the CBS name, and Sony renamed the label  Inc. and affiliates Columbia Records, ATV (1) (Advanced TV) An early name for the digital TV standard proposed by the Advisory Committee on Advanced Television Service (ACATS). See ACATS. See also ATV Forum.

(2) (Analog TV) Refers to the NTSC, PAL and SECAM analog TV standads.
 Songs LLC (Logical Link Control) See "LANs" under data link protocol.

LLC - Logical Link Control
, Rye Songs and EMI (ElectroMagnetic Interference) An electrical disturbance in a system due to natural phenomena, low-frequency waves from electromechanical devices or high-frequency waves (RFI) from chips and other electronic devices. Allowable limits are governed by the FCC.  April Music.

The appellate panel reversed the decision of a U.S. District Court judge in L.A. in ruling the composers have enough evidence to bring a case against Carey. Key among that evidence is the testimony of the composers' expert, Robert Walser, chairman of the musicology musicology, systematized study of music and musical style, particularly in the realm of historical research. The scholarly study of music of different historical periods was not practiced until the 18th cent., and few published efforts were rigorously researched.  department at the University of California, Los Angeles UCLA comprises the College of Letters and Science (the primary undergraduate college), seven professional schools, and five professional Health Science schools. Since 2001, UCLA has enrolled over 33,000 total students, and that number is steadily rising. , the appellate ruling says.

"Walser admitted that the lyrics and verse melodies of the two songs differed 'clearly and significantly,' but stated that the two songs' choruses shared a 'basic shape and pitch emphasis' in their melodies,'" wrote Senior Circuit Judge William Canby Jr. "Walser also noted that it was a "suspicious coincidence' that the two songs' choruses were both sung in B flat" and that "measures five through seven of each chorus were 'almost exactly' the same as the first three measures of each chorus."

In its Aug. 24 ruling, the appellate panel also denied Carey's petition to re-hear the case, which goes to trial in U.S. District Court in L.A. if Carey does not petition the U.S. Supreme Court.

"Thank God I Found You" was No. 1 on Billboard's pop singles in February 2000. It was Carey's 15th No. 1 hit and one of Sony Music's biggest hits for that year, according to Billboard magazine. "One of Those Love Songs" was released on Xscape's 1998 album. "Traces Of My Lipstick."
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Article Details
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Title Annotation:Up Front
Author:Bronstad, Amanda
Publication:Los Angeles Business Journal
Geographic Code:1U9CA
Date:Sep 6, 2004
Words:356
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