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Deadline: Mariah Carey Sued For “All I Want For Christmas Is You” By Louisiana Country Songwriter

ContractHolder

ContractHolder

Jack of All Streams
Member
Oct 25, 2017
16,207
https://deadline.com/2022/06/mariah-carey-sued-for-all-i-want-for-christmas-is-you-1235038277/

One of the most popular holiday songs of all time is being legally challenged by a country music songwriter who claims copyright infringement over "All I Want For Christmas Is You." Mariah Carey and co-writer Walter Afansieff are named in the lawsuit by songwriter Andy Stone, who claims his "All I Want For Christmas Is You" by Vince Vance & the Valiants from 1989 is being infringed. Stone filed his papers in the U.S. District Court in the Eastern District of Louisiana.
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Surakian

Surakian

Avenger
Oct 27, 2017
10,822
That's like almost what? 30 years late? Isn't this past some sort of statue of limitation?
 
Eidan

Eidan

Avenger
Oct 30, 2017
8,560
Hahaha they sound absolutely nothing alike. What a waste of time and money.
 
waterpuppy

waterpuppy

Too green for a tag
Member
Jul 17, 2021
1,818
Do you think they only just recently googled Mariah Carey's net worth for the first time and decided to just... go for it?

Absolutely ridiculous.
 

B.K.

Member
Oct 31, 2017
17,023
Hopefully whoever is suing wins and stations take it out of the rotation this year. It's the worst Christmas song.
 
Fat4all

Fat4all

Woke up, got a money tag, swears a lot
Member
Oct 25, 2017
92,683
here
why is this

vv1.jpg


why is this

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object-85551488.jpg
 
hydruxo

hydruxo

▲ Legend ▲
Member
Oct 25, 2017
20,409
They been under a rock for the past three decades or what? I feel like this is going to get thrown out with the quickness
 
MarvelousIntent

MarvelousIntent

Member
Aug 13, 2019
3,577
So, the only thing the two songs have in common is the line "All I want for Christmas is you". It'd be incredibly annoying if that songwriter won.
 
EvilChameleon

EvilChameleon

Member
Oct 25, 2017
23,793
Ohio
Considering the amount of people in here who immediately rushed to listen to the "original", I'd say this lawsuit was already a win for the filer.
 
Royalan

Royalan

I can say DEI; you can't.
Moderator
Oct 24, 2017
11,943
Not only is he not going to win this...

Mariah just might turn around and counter sue as an "inconvenience fee."

She's done it before (look out up).
 
LuigiV

LuigiV

One Winged Slayer
Member
Oct 27, 2017
2,685
Perth, Australia
Surakian said:
That's like almost what? 30 years late? Isn't this past some sort of statue of limitation?
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Nope. Copyright lasts at least 90 years for a corporate work or the death of the author + 70 years for an individual work. So still well within the litigatible time window.

Edit: Actually ignore this, I made a false assumption. See NDA-Man 's post below.
 
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onpoint

onpoint

Neon Deity Games
Verified
Oct 26, 2017
14,930
716
I hate the Mariah Carey song with all my soul and would love for nothing more than it to be taken out.

But sorry chief, I ain't hearing it here.
 
Fat4all

Fat4all

Woke up, got a money tag, swears a lot
Member
Oct 25, 2017
92,683
here
nbUzfO8.png


lol

looking up this groups history, they're basically a less popular Ray Stevens
 
Mesoian

Mesoian

▲ Legend ▲
Member
Oct 28, 2017
26,432
He's gonna get 500k and a mostly filled out stamp card to Subway to go away.

Sony music ninjas will make this go away fast.
 
GDGF

GDGF

Member
Oct 26, 2017
6,305
I'm gonna write a Christmas song called Pee-Wee Herman with a high top fade.
 
Tfritz

Tfritz

Member
Oct 25, 2017
13,258
i don't want a lot for christmas
there's just one thing i need:
to win this lawsuit so i can get those sweet mimibucks
 
GoldenEye 007

GoldenEye 007

Roll Tide, Y'all!
Banned
Oct 25, 2017
13,833
Texas
LuigiV said:
Nope. Copyright lasts at least 90 years for a corporate work or the death of the author + 70 years for an individual work. So still well within the litigatible time window.
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Dont you have to at least be actively defend it it though? Can't just wait lurking for 30 years then strike. Even if these were similar, which apparently they're not.
 
Zutroy

Zutroy

Member
Oct 25, 2017
1,592
They should probably be more concerned about being sued by Olivia Newton-John, because that song sounds like Hopelessly devoted to you.
 
NDA-Man

NDA-Man

Member
Mar 23, 2020
3,075
Surakian said:
That's like almost what? 30 years late? Isn't this past some sort of statue of limitation?
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LuigiV said:
Nope. Copyright lasts at least 90 years for a corporate work or the death of the author + 70 years for an individual work. So still well within the litigatible time window.
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A statute of limitations is a limited window to sue when you learn (or could reasonably be expected to learn) of a tort. For instance, you're in a car crash, you have ______ amount of years to file. It's not a limitation on copyright length, it's a limitation on the plaintiff's ability to sue a specific defendant.

And the statute of limitations to file a copyright claim is three years, from discovery of the infringement (or when infringement should have been discovered). However, there's a separate accrual rule, where the SOL applies to every time the infringinging material is reproduced/distributed (IE: Every time a new Mariah album with it comes out), and a continuing harm rule, where even if it was first put somewhere before the three years, if it's still there (like on Spotify), the SOL won't bar it. So really, the SOL wouldn't bar this. There's also the federal defense of "Laches", which bars a plaintiff from recovering if they "slept on their rights" by unreasonably delaying suit, but the Supreme Court has said it doesn't bar a copyright suit over an 18 year old dispute (over the screenplay to raging bull).
 
LuigiV

LuigiV

One Winged Slayer
Member
Oct 27, 2017
2,685
Perth, Australia
NDA-Man said:
A statute of limitations is a limited window to sue when you learn (or could reasonably be expected to learn) of a tort. For instance, you're in a car crash, you have ______ amount of years to file. It's not a limitation on copyright length, it's a limitation on the plaintiff's ability to sue a specific defendant.

And the statute of limitations to file a copyright claim is three years, from discovery of the infringement (or when infringement should have been discovered). However, there's a separate accrual rule, where the SOL applies to every time the infringinging material is reproduced/distributed (IE: Every time a new Mariah album with it comes out), and a continuing harm rule, where even if it was first put somewhere before the three years, if it's still there (like on Spotify), the SOL won't bar it. So really, the SOL wouldn't bar this. There's also the federal defense of "Laches", which bars a plaintiff from recovering if they "slept on their rights" by unreasonably delaying suit, but the Supreme Court has said it doesn't bar a copyright suit over an 18 year old dispute (over the screenplay to raging bull).
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Oh, I didn't know about this. Thanks for the detailed explanation, that's good to know.
 
Fuzzy

Fuzzy

Completely non-threatening
The Fallen
Oct 25, 2017
18,127
Toronto
I want radio stations to troll people who request the Mariah Carey song by playing this shittier one.
 
Surakian

Surakian

Avenger
Oct 27, 2017
10,822
B-Dubs said:
It's also not even close to being anywhere similar outside of the name
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Right? What a foolish pursuit.

LuigiV said:
Nope. Copyright lasts at least 90 years for a corporate work or the death of the author + 70 years for an individual work. So still well within the litigatible time window.

Edit: Actually ignore this, I made a false assumption. See NDA-Man 's post below.
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NDA-Man said:
A statute of limitations is a limited window to sue when you learn (or could reasonably be expected to learn) of a tort. For instance, you're in a car crash, you have ______ amount of years to file. It's not a limitation on copyright length, it's a limitation on the plaintiff's ability to sue a specific defendant.

And the statute of limitations to file a copyright claim is three years, from discovery of the infringement (or when infringement should have been discovered). However, there's a separate accrual rule, where the SOL applies to every time the infringinging material is reproduced/distributed (IE: Every time a new Mariah album with it comes out), and a continuing harm rule, where even if it was first put somewhere before the three years, if it's still there (like on Spotify), the SOL won't bar it. So really, the SOL wouldn't bar this. There's also the federal defense of "Laches", which bars a plaintiff from recovering if they "slept on their rights" by unreasonably delaying suit, but the Supreme Court has said it doesn't bar a copyright suit over an 18 year old dispute (over the screenplay to raging bull).
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Thanks for the info! Good to know.
 
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