Kevin Marshall's America
Okay, when it comes to the Alive at Five lineup, I just can’t win.
First, I do the fake April Fool’s lineup, which gets me into hot water when people forget it’s April 1st. I then got in trouble again when someone maliciously redistributed the list from my blog while omitting the part about it being an April Fool’s prank, so the rumors start anew as inboxes around the area are filled first with mentions of Flava Flav performing a show in Albany, only to be followed by angry e-mails and Facebook posts saying how I upset everyone and that they’d lined up babysitters and everything.
Then I saw the real (partial) lineup was announced, so I tried to set things right by sharing the information here on this blog, using the information I obtained from the Alive at Five facebook page and Steve Barnes’ post. However, for some strange reason, I had something More Than a Feeling that told me I was still going to get in trouble with someone over the post.
And…well…
Ruh roh.
“Infringing on someone’s copyright and trademark?” I asked. “Simply preposterous. A scoundrel I may be, but a lawbreaker? That’s A Man I’ll Never Be!”
Then I stopped for a moment. I know they say Don’t Look Back, but I couldn’t help but think about what I had written and what they were contesting. And…well, their argument doesn’t make much sense.
Some history: Fran Cosmo was brought into the group after Brad Delp (the original lead singer who could hit all those famous high notes) took a departure. He sang lead vocals on the 1994 release “Walk On.” Delp rejoined the group shortly thereafter, even going on tour with them in support of the album. Cosmo remained with them, however, to supplement the vocals and hit the high notes that Delp couldn’t hit anymore.
Soooo he really wasn’t the lead singer. Even though he kinda was though HE WASN’T, okay, so stop trying to get me into trouble. He sang lead vocals on an entire album and replaced their lead singer Brad Delp in the lineup, but he was not the former lead singer of that particular Rock and Roll Band.
…
Okay, I kind of understand where this is coming from. In my post, I had originally made the very point that Gail made in her message to me: that to advertise Fran Cosmo as…what he was advertised as was a bit misleading. When people think of the lead singer of Boston, they think of Brad Delp (who passed away in 2007).
Fran’s tenure with Boston as a “contractual side man” was brief and It’s Been Such a Long Time since he was with them that to promote him in association with them isn’t just a tenuous connection, it’s downright misleading.
But copyright and trademark infringement? That’s nonsense.
However, some battles are best left unfought. Although legally they have no basis, it’s better not to drag out a disagreement that can be rectified with a simple edit of a blog post. So I’ve removed mention of Fran Cosmo as a you-know-what of a certain band named after a city that perhaps is famous for its beans or something. Now I can go to sleep with a sound mind, knowing that I’m not in danger of being sued or worse over a simple blog post.
Sigh. I’m done with this Alive at Five stuff. At this point, all I want is to have some Peace of Mind.
TAKE A LOOK AHEAAAAAAAD and we’ll see you tomorrow here on The Present Tense.
UPDATE: Being the social media guru and Web 2.0 enthusiast I am, I held a “Twitter Press Conference” last evening. Of course, all in jest; however, I am told this morning I may not be out of the woods yet. More details throughout the day as they become available; stay tuned to the blog.
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28 Responses to Breaking News: rock band Boston issues vague legal threat to Kevin Marshall
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STALK ME
Now you know better than to pull an April Fool’s joke.
Remember this for next year my ginger friend!!
are you effing kidding me, you should call the news stations im sure they would run with your story lol
I’m not a lawyer, but I’m pretty sure that (a) this is not either trademark or copyright infringement, (b) Facebook message is not a means to deliver a cease-and-desist letter, (c) your message was clearly parody, and (d) if this is legit than someone should inform Gail Parenteau that there is a city in Massachusetts that someone might confuse for the band she represents, and she’d better send a non-Facebook, actual cease-and-desist letter to Mayor Menino for his gall to keep his city named after her band.
In addition, it’s friggin awesome that you got contacted like that.
I want to get contacted by someone for infringing on their trademark!
Like I said, you’re a legend….I called it first!
Thank you, Colleen.
And guys, how come Amanda Talar didn’t get a cease and desist? SHE STOLE HER NAME FROM THEIR SONG “AMANDA” FOR CRYING OUT LOUD
I guess I can change my name to Used to Bad News Marshall.
FLAVOR FLAAAAAAAAVVVVVV!!!!!!
Now you’re big time. I give you a few more weeks before the TU shuts you down because you’re a liability. Seriously, what the heck? Do they not have anything better to do? If the guy sang for the band, on an album, then he was, indeed, the lead singer (at one point). Get over yourself me PR guy.
If you’re going to steal the name of one of their songs, I think that Smokin’ Marshall or Foreplay/Long Time Marshall better suit your role as a (now b-list) local sex symbol. #justsayin
I’m still miffed that Aldo Nova hasn’t spoken to you yet.
HockeyJoeGM – The night is young.
Just call Cosmo “former contracted lead signer” and call it a day. The fact that a publicist is handling their legal speaks volumes at the state of their business.
You broke Alive at Five.
Okay, so this hasn’t come up yet, but I have a feeling it may be right around the corner: you can’t be held legally accountable for anything your readers post. http://dcist.com/2010/03/local_blogger_removes_comment_after.php. Just some preemptive reassurance for the next time you write… well, apparently anything.
Marshall, I think I speak for all of your (rapidly dwindling base of) Twitter followers when I beg you – please – Cool the Engines.
EPIC BOSTON SONG REFERENCE WIN
But… that was an MCA album!
http://www.sadtrombone.com
Did I miss something or did your post simply say “formerly of Boston”?
Anyway, you should be invited to introduce one of the bands at an Alive at Five fight, what with all the buzz you’ve generated for the mediocre, beer soaked, summer concert series.
I hear he’s gonna sue the City of Boston too.
Kevin ,what’s next a cartoon about Mohammad?
Also, Marshall Amp. company is on line 2….
Was it just yesterday that I used the phrase ‘lifelong acrimony’ in this very blog about Boston?
Dude, old Gail has her knickers in an unnecessary twist. From the standpoint of honest journalism for public consumption, if Fran ever sang lead for Boston, he is a former lead singer; the contractual specifics between Fran and Tom Scholz are what would truly “confuse the readers,” to borrow Gail’s phrase. Maybe he was not the best-known lead singer, but nonetheless…if Gail and Tom Scholz wanted to go to the mattresses, they’d have to prove that you harbored active malice toward Boston (the band, not the city) when you referred to Fran as you did. Let’s put it this way: Google “Fran Cosmo, lead singer” and see what comes up. It looks like Gail could work every day from now until Doomsday to try to stop every reference to Fran as the band’s “former lead singer.”
I guess the Boston people have been having so much fun suing each other over the years that they want to spread the joy.
The rock world is full of bullies, Kev. I’ve got a few funny stories, and I bet J Eric does, too.
Okay, let me TRY to straighten this out.
What we think of as the classic lineup of “Boston” – Tom Scholz, Brad Delp, Barry Goudreau, Fran Sheehan and Sib Hashian – only existed in that lineup and format for Boston’s first two albums, the self-titled debut LP (1976) and Don’t Look Back (1978). As far as Tom Scholz is concerned, the band was really Scholz and Delp, with Goudreau, Hashian and Sheehan hired as sidemen, and the picture of the five-man band on the album covers a requirement for the LP’s release.
It’s now 1986, and Boston has released their third LP, “Third Stage.” The lineup still contains Delp and Scholz, as well as drummer Jim Masdea (who also played drums on the group’s song “Rock and Roll Band” from the first LP). Gary Pihl replaced Goudreau on guitar, and there were some other studio musicians involved.
By 1994, Brad Delp has left the band to join Goudreau and other musicians in the studio band RTZ. Goudreau also worked with Delp and Fran Cosmo on the 1980’s-era Orion the Hunter LP (which contained the hit “So You Ran”). Meanwhile, Cosmo is hired by Scholz to be the lead vocalist in Boston, and can be heard on the LP Walk On in that capacity. Cosmo also signs on the song “Higher Power” from Boston’s Greatest Hits LP.
Delp returned to Boston for the 2002 Boston album Corporate America, joining Cosmo on vocals. Cosmo’s son Anthony also played on that Corporate America album.
Sadly, Delp has passed away, and Cosmo is no longer working with Boston. Boston’s lead vocals are now maintained by Tommy DeCarlo and former Stryper frontman Michael Sweet.
The issue involving former members of Boston announcing that they ARE former members of Boston has been a legal issue for years. As far as Tom Scholz is concerned, those performers are sidemen and hired employees, not official band members. Essentially, for all intents and purposes, Tom Scholz is to Boston what Alan Parsons is to the Alan Parsons Project.
A copy of my original Goldmine cover story for Boston, written in 1997, is archived at Boston’s fansite, gonnahitcharide.com.
http://www.gonnahitcharide.com/walkon/articles/magazines/54-engineered-for-success
It’s more than a feeeeeeeeliiiiiiiing! Gracias, Kevin. Now I’ll be rockin out to that for the rest of the day.
I’m simply amused that this came in the form of a Facebook post, where I could go on there & put my name in as someone who claims (or is) the publicist for someone, put up an icon, and make outrageous claims like this. Why is she so consumed with a parody of a line up in Albany, NY?? Really? I didn’t know that Alive @ 5 (though I love it) was such in demand for musical artists. I swear there must have been some major fighting between some of these artists to GET on Alive @ 5 after seeing their names. I bet they were disappointed when the real line up was announced. So, officially 20 days! The horse is dead and decaying!! ;)
You know, all of this is great Foreplay and all, but did anyone mention it takes a Rockman-scale effort to actually find a link to the real Live at Five schedule when it does come up? It’s enough to make me grab my Sholz and look over at http://AllOverAlbany.com and pray for some Piece of Mind.
That facebook message is funnier if you imagine Gail Parenteau scream-singing “BOSTON” with a guitar riff in the background everytime it’s written in capital letters
Kevin – Jerry Jennings on line 2. Says he’d like to hire you for PR. Benefits include unlimited use of his tanning bed when he’s not occupying it. (Good luck getting in that)
I’m with the “this really came via facebook” camp. It’s not like it’s hard to get in touch with you…or is facebook now a legitimate business correspondence medium now?