Alone Again (Naturally) - Gilbert O'Sullivan (cover-live by Bill Sharkey)

Alone Again (Naturally) (Gilbert O'Sullivan, 1972). Live performance by Bill Sharkey, Home Studio, Hawaii Kai, HI. 2021-03-21. "Keeping the Oldies Alive"

The first of three top 10 hits on the Billboard Hot 100 chart, "Alone Again (Naturally)" was Gilbert O'Sullivans only #1 hit, toping the chart in 1972 and staying at the top position for 6 weeks (non-consecutively) (Whitburn, 2013; Wikipedia, 2021). As an interesting and recording industry shift, Gilbert O'Sullivan sued rapper Biz Markie for sampling this song in the rapper's song "Alone Again" (Grand Upright Music, Ltd. v. Warner Bros. Records Inc., 780 F. Supp. 182, S.D.N.Y. 1991). The judge "found Biz Markie guilty of infringing on O'Sullivan's copyright, ordered the rapper to pay $250,000 in damages, barred Markie's label (Warner Brothers) from continuing to sell either the single or album and, most astoundingly, referred the matter to criminal court, on the grounds that Markie was liable for theft. (The rapper was never charged.) Duffy's decision permanently altered the landscape for sampling" (npr.org, 2013), though many still violate the law by illegally sampling obscure songs to help avoid detection (C Richards, washingtonpost.com, July 6, 2012). Artists are to request permission to use the sample, pay the artist for the rights to use the sample, and receive said permission (J. Echevarria, xximag.com, Dec 17, 2018). Mark Volman, of the Turtles, praised the ruling stating that “Sampling is just a longer term for theft. . . . Anybody who can honestly say sampling is some sort of creativity has never done anything creative” (C. Philips, losangelestimes.com, Jan 1, 1992).

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