Metallica Sue Canadian Band over E, F Chords

MTV News ^ | 2003-07-16 | Joe D'Angelo

[detsaoT]

MONTREAL - Metallica are taking legal action against independant Canadian rock band Unfaith over what they feel is unsanctioned usage of two chords the band has been using since 1982 : E and F.

"People are going to get on our case again for this, but try to see it from our point of view just once," stated Metallica's Lars Ulrich. "We're not saying we own those two chords, individually - that would be ridiculous. We're just saying that in that specific order, people have grown to associate E, F with our music."

Metallica filed a trademark infringement suit against the indie group at the US district court for central California on Monday. According to the drummer, the continued use of the two chords causes "confusion, deception and mistake in the minds of the public".

Metallica's lawyer, Jill Pietrini, told us that the band decided to take legal action only after first sending a letter of complaint to the Canadian band's singer/songwriter, Erik Ashley.

"We sent a demand letter and haven't reached a resolution, so we had to sue," she said. "They continue to shamelessly feature the two chords on their website song samples and we just can't have that."

Ashley, in the meantime, is still shocked by the entire story, and hasn't yet decided how the band will respond.

"I thought it was a prank at first," he told us. "Now I'm not sure what to think."

Ulrich states that he's not trying to prevent Unfaith from using the two chords, only that he feels Metallica should be credited for them whenever used, and is calling for 50% of all revenue generated from any song using them.

"It's nothing personal against them," he added. "We intend to enforce our rights with any band intending to use Metallica-branded chords in the future."

This marks the first time anything of this kind has ever been tried in court, and it will be interesting to see how things develop.

Metallica's website has issued an official statement on the suit here.

Unfaith's official website hasn't officially responded at print time.

- Joe D'Angelo

[detsaoT]

Hehehe, thanks!

:) ttt

[Charlie OK]

[adaven]

People, this is a JOKE. It is NOT REAL. It is not really from MTV News.

Go to scoopthis.com where their motto is "'cuz if it's on the net, it's got to be true"

[RightWhale]

So songs that go EFEFEF . . . are not okay, but songs that go FEFEFE . . . are? What about songs that go F(lydian)C(neapolitan)Eb(mixolydian)D(blues)F(maj)? Still okay with that?

[Publius6961]

OK I give up.
Where's the "Onion" logo?

[Shermy]

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[RightWhale]

"brand" the remaining nine major chords

Hah! That still leaves one they don't know about. Don't tell them or we'll all be out of business.

[Mr. Mojo]

the remaining nine major chords = the remaining ten major chords.

[Mr. Mojo]

Geez, beat me to it.

[Mr. Mojo]

Hendrix knew that missing chord, but I've yet to figure it out.

[shadowman99]

Lars Owen to tape recoder:

"Note to self - we can sue everyone in music who sucks right now, because Metallica started sucking more than ten years ago. People think of us and the think 'suck'. I think we can claim intellectual property rights over all things that suck. People tell me I suck. My hair sucks. That whole napster lawsuit sucked.

Metallica Sucks! And we can't let anyone else horn in on that."

[Porterville]

Are you serious??? So I guess hundreds of years of Spanish and Flamanco music means dirt to these idiots.

[TexanToTheCore]

Musicians alert: I have just completed the paperwork for copyrighting the notes B flat and F#. From here on out, you guys are going to have place attribution and the phrase "patent pending" after each use of these notes.

Use them or the keys that contain them and you can me send some cash.

PayPal anyone?

[vbmoneyspender]

well -- I got my question answered.

[Jim Cane]

John Cage's estate may sue over the rests in their music, too.

Kudos! A very learned BWAAAAAHAHAHA!

[Maceman]

I have no idea how the law works in Canada, but in the US, you cannot copyright a musical chord progression. You can only copyright a melody.

And I doubt that you could copyright a melody with as few as two notes. I know trade marking is different than copyrighting, but I'd be amazed if you could trademark a chord progression either.

If you really can copyright chord progressions under Canada law, then I guess there are a whole lot of Canadian blues players that are going to face some hefty liability.

[SoDak]

Satire...

[Last Visible Dog]

Ulrich states that he's not trying to prevent Unfaith from using the two chords, only that he feels Metallica should be credited for them whenever used, and is calling for 50% of all revenue generated from any song using them.

Lars Ulrich is a boil on the butt of rock and roll music. I am really sick of this clown. Metallica is yet another unoriginal rock band that likes to sing like the Cookie Monster. I was playing rock music when Lars was still pooping in his diapers and I can guarantee the chord progression of E-F has been done long before Metallica was a band. Metallica is long passed its expiration date and I guess they are planning on going out as the asswipes of rock and roll. I think every musician that ever play rock and roll should gather at the rock and roll hall of fame and for three days (in honor of Woodstock) and beat the crap out of Lars Ulrich.

[Last Visible Dog]

Get a clue, Lars. You can't copyright a chord progression.

I am not even sure two chords rates as a "progression"

It clearly states in the Rock and Roll rule book - rock songs must contain 3 chords (no more, no less)

[Right Wing Professor]

And I doubt that you could copyright a melody with as few as two notes

A game show for the 21st century.

I can copyright that tune in 6 notes, Tom!