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AKA · 04-01-2003, 02:34 PM

The Offspring Scoop Axl

Band swipes "Chinese Democracy" title for new album

By Gil Kaufman
Rolling Stone

Axl wasn't using it, so the Offspring decided they would. The Southern California punk group has announced that their upcoming album will be called Chinese Democracy, a name that Guns n' Roses leader Axl Rose has been touting for at least three years as the title of the first new album of Gn'R material in a decade.

"You snooze, you lose," Offspring singer Dexter Holland said. "Axl ripped-off my braids, so I ripped-off his album title." The album, produced by Brendan O'Brien (Pearl Jam, Bruce Springsteen), is slated for a late spring release.

You'd think that snatching an album title was a no-no, but the Offspring are on pretty solid legal ground, according to a copyright expert. "Trademark law does not come into existence unless the title is used in interstate commerce," according to copyright lawyer and co-author of Musician's Business & Legal Guide," Greg Victoroff, who added that copyright law does not extend to titles.

"[Right now], they're just two ordinary words," Victoroff says. "Under that analysis, it would seem that Guns n' Roses have no right to that title and the Offspring are free to use it in any purpose they wish." He adds that unless Gn'R's label has issued press releases touting the album, or the band has toured extensively under the album's name, then they have no real claim to the "Chinese Democracy."

The still-gestating Gn'R album has been touted in several press releases and mentioned in the release announcing the group's aborted 2002 North American tour, but it has not yet been scheduled for release.

According to Victoroff, trademark law was enacted to protect consumers from being confused, and though both Offspring and Gn'R play hard rock-inspired music, the Offspring should be safe as long as they are clearly named on the album's cover.

While a source close to Guns says a letter from Rose's camp warning the Offspring not to use the album title was sent earlier this year, an Offspring spokesperson denied the existence of such a letter. Neither band's management could be reached for comment at press time.

The Offspring are notorious for their pranks. In another tweak at a pop culture icon, the band sold bootleg Napster t-shirts on their Web site in 2000, drawing a cease-and-desist letter from the now defunct file-trading site; the order was later rescinded.

(March 31, 2003)

ABlairican Pie · 04-01-2003, 10:27 PM

So when the hell is Tons of Poses gonna come out with an album??

And are we gonna care?

I think the Offspring have every right to take the title, G N' R don't have a monopoly on the term.

Mossopp · 04-02-2003, 01:49 PM

Quote:

Originally posted by Captain ABlairica
So when the hell is Tons of Poses gonna come out with an album?? And are we gonna care? I think the Offspring have every right to take the title, G N' R don't have a monopoly on the term.

I agree. I'm a massive GnR fan but making the fans wait for 10 years for an album (I'm not counting the 'Live Era' or 'The Spaghetti Incident' cos they weren't new songs) is just ridiculous! Axl has well and truly disappeared up his own arse!
Personally I don't think the new GnR album will ever see the light of day but that's probably a good thing cos it will never live up to people's expectations. Axl should just do the decent thing and call it a day. To me Guns N Roses were over the day Izzy Stradlin left. It was never really the same after that, was it?

dlemond · 04-02-2003, 01:57 PM

The Offspring can do whatever they please in regard to releasing an album with that title. Axl should just face the fact that GnR is over and try something without the luxury of that name, because that's all it is at this point.

As for the Offspring, I just think they are one of the most repetetive and overrated veteran bands out there.

Can't stand them.

ABlairican Pie · 04-02-2003, 10:21 PM

Axl is such a big egotist. He screwed with a good thing. G N' R will ALWAYS be Axl/Slash/Izzy/Duff/Steven. NO ONE ELSE. Was one of the reasons those guys left/got fired like Cape Canaveral
because Axl wanted to go "techno"?? Anyone remember the song
"Oh My God"? It figures.

Man, those guys could've used counselors, for all the money and crap they were making.

04-01-2003, 02:34 PM	#1
AKA Member Forum Star Join Date: Dec 17, 2001 Posts: 15,746	The Offspring Scoop Axl The Offspring Scoop Axl Band swipes "Chinese Democracy" title for new album By Gil Kaufman Rolling Stone Axl wasn't using it, so the Offspring decided they would. The Southern California punk group has announced that their upcoming album will be called Chinese Democracy, a name that Guns n' Roses leader Axl Rose has been touting for at least three years as the title of the first new album of Gn'R material in a decade. "You snooze, you lose," Offspring singer Dexter Holland said. "Axl ripped-off my braids, so I ripped-off his album title." The album, produced by Brendan O'Brien (Pearl Jam, Bruce Springsteen), is slated for a late spring release. You'd think that snatching an album title was a no-no, but the Offspring are on pretty solid legal ground, according to a copyright expert. "Trademark law does not come into existence unless the title is used in interstate commerce," according to copyright lawyer and co-author of Musician's Business & Legal Guide," Greg Victoroff, who added that copyright law does not extend to titles. "[Right now], they're just two ordinary words," Victoroff says. "Under that analysis, it would seem that Guns n' Roses have no right to that title and the Offspring are free to use it in any purpose they wish." He adds that unless Gn'R's label has issued press releases touting the album, or the band has toured extensively under the album's name, then they have no real claim to the "Chinese Democracy." The still-gestating Gn'R album has been touted in several press releases and mentioned in the release announcing the group's aborted 2002 North American tour, but it has not yet been scheduled for release. According to Victoroff, trademark law was enacted to protect consumers from being confused, and though both Offspring and Gn'R play hard rock-inspired music, the Offspring should be safe as long as they are clearly named on the album's cover. While a source close to Guns says a letter from Rose's camp warning the Offspring not to use the album title was sent earlier this year, an Offspring spokesperson denied the existence of such a letter. Neither band's management could be reached for comment at press time. The Offspring are notorious for their pranks. In another tweak at a pop culture icon, the band sold bootleg Napster t-shirts on their Web site in 2000, drawing a cease-and-desist letter from the now defunct file-trading site; the order was later rescinded. (March 31, 2003)

04-01-2003, 10:27 PM	#2
ABlairican Pie Member Forum Superstar Join Date: Dec 12, 2001 Location: Living where cats reign more Supreme than a pizza. Posts: 31,619	re: Chinese Take-Out Democracy So when the hell is Tons of Poses gonna come out with an album?? And are we gonna care? I think the Offspring have every right to take the title, G N' R don't have a monopoly on the term.
	__________________ Release the kitties. --Nathan Explosion

04-02-2003, 10:21 PM	#5
ABlairican Pie Member Forum Superstar Join Date: Dec 12, 2001 Location: Living where cats reign more Supreme than a pizza. Posts: 31,619	re: Tons of Poses Axl is such a big egotist. He screwed with a good thing. G N' R will ALWAYS be Axl/Slash/Izzy/Duff/Steven. NO ONE ELSE. Was one of the reasons those guys left/got fired like Cape Canaveral because Axl wanted to go "techno"?? Anyone remember the song "Oh My God"? It figures. Man, those guys could've used counselors, for all the money and crap they were making.

04-02-2003, 01:57 PM	#4
dlemond Hey, I know you. Moderator Forum Veteran Join Date: Dec 03, 2001 Location: New Jersey Posts: 6,751	The Offspring can do whatever they please in regard to releasing an album with that title. Axl should just face the fact that GnR is over and try something without the luxury of that name, because that's all it is at this point. As for the Offspring, I just think they are one of the most repetetive and overrated veteran bands out there. Can't stand them.