The hair and eyeliner boys of Poison have been handed a lawsuit for copyright infringement. The lawsuit comes from another glam rock band of the ‘80s, Kid Rocker.
Members, Billy McCarthy and James Stonich, allege that Poison guitar player Bruce Anthony Johannesson, better known as C.C. DeVille, was trying out for their band, Kid Rocker. Thereafter, the Kid Rocker duo gave C.C. a mix tape of some of the songs so that he could rehearse, and wouldn’t you know it, C.C.’s borrowed tape of Kid Rocker’s songs was never returned (probably got lost under his George Michaels tape). After Kid Rocker didn’t work out, C.C. DeVille and McCarthy formed the band known as Screamin’ Mimi’s. This time, the Plaintiff and now famous guitar player wrote songs together.
Well, it’s no secret that DeVille went on to be extremely famous in the band Poison and has made a ton of money. As for McCarthy, he just wants to get paid for what he claims is his. McCarthy and Stonich are claiming that they are owed for the music that was stolen by C.C. and eventually used on Poison’s “Look What The Cat Dragged In” and subsequent release of “Open Up and Say…Ahh!”
Now, there is a very good chance that the Plaintiffs’ music was stolen and used in Poison’s albums, but being that the band released their songs in the ‘80s, wouldn’t there be a statute of limitations claim for Poison?
In order for a statute of limitations defense to be used by Poison (and the record labels, which were obviously sued too), the Defendants will have to prove that the infringement has stopped and the copyright owner knew or should have known the infringement was happening. In most cases with popular music acts, their infringement does not stop.
On a side note, Bobby Dall of Poison is a resident of Zies Widerman & Malek’s hometown of Brevard County, Florida. Pretty cool. Cheers.