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New “Evidence” Appears In The Copyright Infringement Lawsuit Against Poison

Posted by Zach Shaw on Wed, Nov 16, 2011 at 3:01 pm

I Want (Legal) Action, Look What Evidence The Cat Dragged In

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Last month, Billy McCarthy and James Stonich of now-defunct 80’s glam rock band Kid Rocker filed a lawsuit against Poison over plagiarizing hit songs like “Talk Dirty To Me,” “I Won’t Forget You,” “Fallen Angel” and “Ride the Wind.” To most people, the plaintiffs’ accusations seem a little outlandish, especially considering that it’s 25 years after the fact. But while Poison have let it be known that they are fighting back, the plaintiffs aren’t running away scared. And now their attorney Daniel J. Voelker claims to have some major evidence in favor of the Kid Rocker band members.

Voelker has released a transcript of a radio interview guitarist CC DeVille did in 1994 with LA’s KIEV, 870 AM. According to the transcript, DeVille admits to McCarthy on the air that he “should have made some money” from Poison. Here’s part of the transcript Voelker released (according to Blabbermouth):

McCarthy [to C.C. DeVille]: “How many albums has POISON sold in their career?”

DeVille: “20 million records.”

McCarthy (jokingly): “I haven’t made 20 thousand dollars in my career yet.”

DeVille: “Let me tell you something, Billy. For that first album, you should have made some money. . . Billy and I used to play in the same band.”

McCarthy: “Yes we did, we played in Screamin’ Mimi’s.”

DeVille: “And it was an excellent band. In fact, we have video tapes of us doing ‘Talk Dirty To Me’.”

Though Voelker claims to have the actual recording of the radio interview and is prepared to submit it to the court as evidence, we could not find any audio of said interview online.

However, we did do a little searching on YouTube, and did find a clip of DeVille and McCarthy’s old band Screamin’ Mimi’s. In the video clip above, the Screamin’ Mimi’s are playing a song that sounds an awful lot like Poison’s big hit “Talk Dirty To Me.” While it’s unclear as to when exactly this video was filmed, it’s safe to assume that it was before DeVille joined Poison. And though the clip doesn’t exactly prove that Poison ripped off the song from McCarthy and Stonich, it does somewhat hint that DeVille had assistance from McCarthy in writing “Talk Dirty To Me.”

Whatever might be the case, this lawsuit is certainly going to drag on in the court room for a while now. Watch the clip of the Screamin’ Mimi’s above and judge for yourself

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  • http://www.facebook.com/people/Jeremy-Ülrey/100002105684210 Jeremy Ülrey

    I wouldn’t say that clip in and of itself is damning.  All CC has to do is claim that he wrote that song for the Screaming Mimi’s and the ball would be back in McCarthy’s court.  If CC were to admit that McCarthy wrote the song without Deville’s help then that would be pretty damning, yes.  Although it would still be up the plaintiffs to prove that each of the other songs was individually ripped off… the most suspicious thing about their claim is that all of the songs Poison allegedly ripped off were huge hits

  • Pingback: POISON MAY HAVE STOLEN SOME OF THEIR SONGS AFTER ALL | MetalSucks

  • http://www.facebook.com/people/Corey-Mitchell/660352330 Corey Mitchell

    Nice work, Zach!

  • Zach Shaw

    Thanks Corey!

  • ROSE

    What if what the Plaintiffs say is True?What does that say about Poison?

  • marc-rek

    I hope Billy McCarthey wins his battle. It would be fitting for a guy who worked so hard at what he loves and obviously kicks ass at it to receive what he deserves. Too many times in this industry, the wrong people are not only credited but become rich off of someone elses talents. Poison made millions off of those tunes, not to mention the fame. McCarthy at least deserves the compensation of money for his talent and creativity. The tapes speak for themselves. Funny how the truth eventually comes out to bite you. Good luck Mac man.  

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