How much of a ringer is "American Idol" contestant David Cook? His
self-released album, "David Cook," is on the charts and the current
season isn’t even over.
Cook’s 2006 CD, “Analog Heart,” was the No. 1 downloaded album all
weekend on Amazon’s MP3 service. It even beat Mariah Carey’s "E=MC2."
Back when Cook auditioned in Omaha for "American Idol," he was
identified as a bartender who happened to be a friend of Chris
Daughtry, a now wildly successful post-"Idol" graduate.
It sure didn’t seem like Cook had a big career already — albeit
regionally. He’d already appeared on a couple albums with a local
group, and there was some vague mention of a solo album that he’d made
himself.
But if "Analog Heart" is now being offered officially to proper
downloading services — and not on just mysterious indie platforms —
then Cook has to be behind it. That’s a first: an album out from an
"Idol" contestant before the contest has concluded. What if he doesn’t
win?
Related
More importantly, what happened to "American Idol" simply being a
competition for totally unknown or undiscovered artists? What fueled
the fantasy for the audience was the concept that anyone — the
waitress down the street who had a nice voice — could suddenly become
a superstar. It was one thing when Carly Smithson (nee Hennessey) was
revealed to have released an album five years ago. But for Cook to
have one out now, I think, disqualifies him as a true competitor.
And P.S.: Isn’t this some strange way to get around the "American
Idol" contract for management and a recording contract? In the past,
"Idol" contestants had to agree to be managed by 19 Entertainment and
give BMG first right of refusal for their albums. But a digitally
available album made before the show and released before the winner is
known? Hmmm…Seems like that bartender from Omaha was smarter even than
wily Simon Cowell.
No more than Brooke or Kristy Lee, or anyone else who put out an indie
albums which are currently available, and less than Smithson and Johns
who've both had major label albums which are currently available.
This whole season is full of plants and experienced performers.
> Back when Cook auditioned in Omaha for "American Idol," he was
> identified as a bartender who happened to be a friend of Chris
> Daughtry, a now wildly successful post-"Idol" graduate.
No...he said he STUDIED Chris Daughtry to prepare.
> And P.S.: Isn’t this some strange way to get around the "American
> Idol" contract for management and a recording contract?
No...it's indie, not inky.
> In the past,
> "Idol" contestants had to agree to be managed by 19 Entertainment and
> give BMG first right of refusal for their albums. But a digitally
> available album made before the show and released before the winner is
> known?
You can get the other folks too. David's is just doing well. *shrugs*
This however, reads 'Constantine' to me -- In fact, I think these same
headlines got out the week he was eliminated and PftSoB's album was sent
out.
Ohwell, it was fun while it lasted if it sinks him. I'll still watch for
Castro.
Peace,
Pen
> <ron_...@hotmail.com> wrote in message
> news:12ce823c-458c-4211...@b5g2000pri.googlegroups.com...
>
>>http://www.foxnews.com/story/0,2933,351917,00.html
>>
>>How much of a ringer is "American Idol" contestant David Cook?
>
>
> No more than Brooke or Kristy Lee, or anyone else who put out an indie
> albums which are currently available, and less than Smithson and Johns
> who've both had major label albums which are currently available.
As an aside: Carly also has appeared in film.
Pen, that reporter Friedman is an insider for AI franchise. How do you
know Cook was not friends with Daughtry if he claims so?
Eh..... Taylor Hicks had a few CD's out prior to Idol.. and I'm sure if you
really check around, you'll find a LOT more.... These are musicians... I'd
expect anybody over the age of 18 to have put out a CD in this day and
age...
AS for your other statement.... to the majority of the world, these ARE
unknown and undiscovered artists.... I never heard of David Cook prior to
idol...
Because his quote is wrong?
" Back when Cook auditioned in Omaha for "American Idol," *he was identified
as a bartender who happened to be a friend of Chris Daughtry*"
This did not happen. David stated he had prepared for the audition by
*studying* Daughtry in that clip. You can find it on YouTube.
--
Peace,
Pen
------------
"What do we owe the people, the places, the world around us for our own
survival?" --RB"
And you're an actual honest to goodness, actually played with some people we
might know kind of guy. So if Cook was anybody before this, you probably
would have got wind of him.
TC
> And you're an actual honest to goodness, actually played with some people
we
> might know kind of guy. So if Cook was anybody before this, you probably
> would have got wind of him.
>
> TC
>
>
That's the thing though, when you look at the numbers of how many people
audition, you realize just how vast the pool is... I was at one of the New
Orleans audtions (a few years back), and I couldn't believe my eyes...
There is TRULY a lot of competition in this business :)
Yeah, but luckily for those of you who make it, a lot of that competition is
William Hung.
TC
There are a few who have put out albums already that flopped.
However, this is something different. If true, TPTB may have something
to say about this. At first glance, if I were one of them, I would NOT
be pleased with this at all.
--
I hope we can all be good neighbors online!
I'm a bit confused by your signature, Pen...would you mind explaining it
for me? Thanks.
And having a CD out is not against the rules anyway. It is simply
that you do not have a current recording contract.
His probably flopped also.....after all, it has been out there for a
couple of years. He was in the process of making his 2nd and was
about to release it before he made the finals. He never released it.
Now if that one suddenly showed up, I would think there would be a
problem, because that one would have had to be released during the
actual competition, which I believe would be against the rules. The
other one has been out there for a long while and just recently
started to got hot because of his AI involvement.
Actually, TPTB might actually be pretty happy to see the interest.
Kittyn,
If he's re-released an old CD, either in disc or digital while he is
still competing...I'm sorry but, at that point, IMHO....it is time for
TPTB to release him, immediately, from AI.
If he had anything to do with a new release or re-release of something
old, IMHO, he has to go now.
>
> Actually, TPTB might actually be pretty happy to see the interest.
Immediately, sure....however, this is a short, and long, term PR
nightmare if it has a current contestant involved in putting out a CD or
digital d/l during the AI season.
There's very little room for dancing around this. This is the kind of
stuff, again IMHO, that gets network suits involved, standards and
practices, etc.
>In article <odqp04ph7mj0kqdfn...@4ax.com>,
>wo...@pipeline.com says...
>> And having a CD out is not against the rules anyway. It is simply
>> that you do not have a current recording contract.
>>
>>
>
>Kittyn,
>
>If he's re-released an old CD, either in disc or digital while he is
>still competing...I'm sorry but, at that point, IMHO....it is time for
>TPTB to release him, immediately, from AI.
He didn't rerelease it. It has always been there....it just started
getting hits. I pasted the info in another post to you.
> In article <odqp04ph7mj0kqdfn...@4ax.com>,
> wo...@pipeline.com says...
>> And having a CD out is not against the rules anyway. It is simply
>> that you do not have a current recording contract.
>>
>>
>
> Kittyn,
>
> If he's re-released an old CD, either in disc or digital while he is
> still competing...I'm sorry but, at that point, IMHO....it is time for
> TPTB to release him, immediately, from AI.
>
>
You know, you never know who actually released it... Perhaps he sold his
interest to a manager, or somebody who gave him an advance...
So... would that make a difference???
There are a lot of legal murky waters :)
>In article <hgqp049kv3jh0hh8q...@4ax.com>,
As I said....no new release.....just new interest. No foul there at
all.
I, strongly, suspect that this is a very business day for Nigel, Ken and
execs at Fox. I'm going to guess that DC is going to be involved in
meetings, unrelated to this week's show, with them, today.
How come a self-produced cd is distributed by amazon? Who is backing
him?
<ron_...@hotmail.com> wrote in message
news:12ce823c-458c-4211...@b5g2000pri.googlegroups.com...
And I would think you are wrong, since the CD started getting noticed
weeks ago and nothing has been said yet. The only thing that changed
today was that Foxnews wrote a story.
Obviously what happened is that when he started getting popular,
people started doing searches for his old music and found this one and
started buying. No foul there if that is the case, which I strongly
suspect is the case.
I'm not a lawyer, though I'd say it would.....but....it would remain a
terrible PR nightmare for everyone involved in the show. This is the
kind of thing regarding reality shows involving "talent" that network
VP's, lawyers, producers etc. lose great amounts of sleep over.
>
> There are a lot of legal murky waters :)
>
I'm glad we're not being billed for all of them. ;-)
The cd has been out there since the competition started. So why
business meeting today?
I'm thinking he's going to have to request it be pulled from the market
in that case.
I also think that everyone involved from the top floor suits to TPTB
have to examine this in very careful detail immediately and, possibly,
be prepared to make some very difficult and quick decisions.
It was a digital release. It is not that hard to put a CD up for a
digital release on Amazon. If you listen to the quality of the CD,
you can see the production is not even that good, an obvious self
produced CD.
I am sure that TPTB knew about this CD being out there before he made
the finals. It was back in 2006.
>In article <hdrp04hslqul4pc8t...@4ax.com>,
>wo...@pipeline.com says...
>> On Mon, 21 Apr 2008 19:32:34 GMT, Bob Rudd <bob...@verizon.net>
>> wrote:
>>
>> >In article <odqp04ph7mj0kqdfn...@4ax.com>,
>> >wo...@pipeline.com says...
>> >> And having a CD out is not against the rules anyway. It is simply
>> >> that you do not have a current recording contract.
>> >>
>> >>
>> >
>> >Kittyn,
>> >
>> >If he's re-released an old CD, either in disc or digital while he is
>> >still competing...I'm sorry but, at that point, IMHO....it is time for
>> >TPTB to release him, immediately, from AI.
>>
>> He didn't rerelease it. It has always been there....it just started
>> getting hits. I pasted the info in another post to you.
>>
>>
>
>I'm thinking he's going to have to request it be pulled from the market
>in that case.
>
>I also think that everyone involved from the top floor suits to TPTB
>have to examine this in very careful detail immediately and, possibly,
>be prepared to make some very difficult and quick decisions.
He can't be DQ'd if they knew about it and let him on. However, if
TPTB want to, they can put a halt to the sales until after the show is
over. However, they didn't do that with Taylor's old stuff, so I
doubt they will with this. However, Taylor's was not a big seller, so
who knows. I guess we will have to see what happens by keeping an eye
on the Amazon site.
Because Bob seems to think that TPTB think this is a bad thing.
You've just raised some questions that I think are being looked into for
answers today on the West Coast.
hehehe, succinct and to the point. It would also be nice if someone
with an album didn't have it on the market while they were in the
competition.
You can buy Carly's old cd in itunes, too. I think.
If it's being reported to be on sale on the web or available for d/l on
legit sites.....that, to me, appears to be a significant ethical, not to
mention PR problem.
Wouldn't you also expect that the contestant(s) with them would seek the
suspension of sales as part of their responsibilities, legally and/or
ethically, while contestants? I'd love to see a standard AI
contestant's contract right now....not gonna happen though.
>In article <fuir28$dr4$2...@news.albasani.net>, sdal...@yahoo.com says...
>> It would be nice if one year AI didn't have a cast full of people who
>> already had albums!
>> --S.
>>
>
>hehehe, succinct and to the point. It would also be nice if someone
>with an album didn't have it on the market while they were in the
>competition.
Well, then they better check out Brooke as well, since hers is also
available on Amazon, although her does not happen to be selling well.
Hers is called Song from the Attic.
>In article <544084fe-8875-4440-b7bb-
Naah...not at all. Many past ones have had their old stuff still
available for sale out on the web when they appeared. However, the
other ones didn't seem to get the same level of interest.
If Bob were running a network with a show like this....there would be
some serious investigating going on right now along with the POSSIBILITY
of very difficult decisions being made before the show goes on again the
next time.
I'm not saying what I would do, it depends on the circumstances, the
contracts etc., but I'd be making sure that subordinates I have the
utmost confidence in, were looking into the matter, charged with
resolving it before the next show airs.
>In article <s5sp0454h2h2or3jt...@4ax.com>,
The very most they might do is suspend future sales.
Unless TPTB has a cut of the profits.
Is Brooke's cd also self-produced? If not, maybe she doesn't have a
choice to pull it down. But Cook's cd is self-produced, who's stopping
him pulling it down before contest?
Should they do that, they can expect to be sued (successfully) by David
Cook, if they do not compensate him as a condition of leaving (execute a
new contract), and sued by ALL the other contestant if the do compensate
him for leaving. Plus, standards and practices will be all over their
asses. The rerelease or release of a self produced CD or one which was
produced while under a now defunct contract, does not constitute a
violation of the rules as they have been portrayed here and in the
media. There also does not seem to be any proscription on the manner in
which such a release is made. Since the property, the CD, exists outside
the boundaries of contract with the production company, the producers
have no say in how it is disposed of anymore so than they could bar him
from selling his car.
So, unless you can find a line in the Idol contract specifically
prohibiting the release, sale, or marketing of pre-existing property,
real or intellectual, the existence of which would not in and of itself
constitute a contract violation, it ain't none of the producers' never
mind. As far as I know, the only relevant proscription are that the
contestants not have an active recording contract nor a management
contract which would interfere with the execution of the standard Idol
contract(s).
The Other Mickey
This, again, has the potential to get very ugly, very fast.
The very least they might do is nothing. OTOH the very most that they
might do is great deal more....it all depends on the facts, contracts,
contexts etc.
Which one?
I'm guessing the AI contract is being examined, maybe, as carefully as
it's ever been examined since this broke.
This could be absolutely nothing. OTOH, it could be a very big issue.
I think it needs to be looked into. Doesn't matter who is involved.
This is, a good example, of what happens when "previously contracted but
not currently" individuals are permitted to be contestants.
I long for the days of AI1.
Bob, I am going to have to apologize before writing this one. Its going to
sound a bit prejudicial, but it's not. I'm just curious. It just seems
that you have it in for this guy. This is the second thread that you have
advocated for him to either take himself off the show or have TPTB do it for
him. What gives?
Elton
What questions.....I'm all a quiver.....always wanted to say that one too.
Elton
Did anyone have an album is S1?
Elton
>
>
> <ron_...@hotmail.com> wrote in message
> news:12ce823c-458c-4211...@b5g2000pri.googlegroups.com...
> http://www.foxnews.com/story/0,2933,351917,00.html
>
> How much of a ringer is "American Idol" contestant David Cook? His
> self-released album, "David Cook," is on the charts and the current
> season isn't even over.
>
> Cook's 2006 CD, "Analog Heart," was the No. 1 downloaded album all
> weekend on Amazon's MP3 service. It even beat Mariah Carey's "E=MC2."
>
> Back when Cook auditioned in Omaha for "American Idol," he was
> identified as a bartender who happened to be a friend of Chris
> Daughtry, a now wildly successful post-"Idol" graduate.
>
> It sure didn't seem like Cook had a big career already - albeit
> regionally. He'd already appeared on a couple albums with a local
> group, and there was some vague mention of a solo album that he'd made
> himself.
>
> But if "Analog Heart" is now being offered officially to proper
> downloading services - and not on just mysterious indie platforms -
> then Cook has to be behind it. That's a first: an album out from an
> "Idol" contestant before the contest has concluded. What if he doesn't
> win?
> Related
>
>
> More importantly, what happened to "American Idol" simply being a
> competition for totally unknown or undiscovered artists? What fueled
> the fantasy for the audience was the concept that anyone - the
> waitress down the street who had a nice voice - could suddenly become
> a superstar. It was one thing when Carly Smithson (nee Hennessey) was
> revealed to have released an album five years ago. But for Cook to
> have one out now, I think, disqualifies him as a true competitor.
>
> And P.S.: Isn't this some strange way to get around the "American
> Idol" contract for management and a recording contract? In the past,
> "Idol" contestants had to agree to be managed by 19 Entertainment and
> give BMG first right of refusal for their albums. But a digitally
> available album made before the show and released before the winner is
> known? Hmmm.Seems like that bartender from Omaha was smarter even than
> wily Simon Cowell.
>
Guys, I think you are reading too much into this. Kittyn is right (again).
This was a couple years ago and the CD went nowhere. I doubt that he's
getting compensated for it, nor does he probably own the rights to the
songs. <== Pure speculation.
Elton
Who will own the right to his self-produced cd then? it's not like he
has a label.
Let's just call it the Olympics, which *used to be* for amateurs only.
My opinion (the only one that counts, of course): The judges are so bad at
picking any true amateur talent, the show needs to ringers to survive.
TC
Why? They let MJ's album sell, Brooke's album sell, Kristy Lee Cook's album
sell, Carly Hennesey's album sell. Why on earth is Cook any different than
any other Idol, just because his album is actually..selling?
--
Peace,
Pen
------------
"What do we owe the people, the places, the world around us for our own
survival?" --RB
I am starting to get the same impression Elton. I am glad you said it
first, because I really didn't want to go there.
Fools of Fortune. She played the young version of Mary Elizabeth
Mastrantonio's character.
http://imdb.com/title/tt0099594/fullcredits#cast
Bob's an Archie fan if you haven't figured it out. When he couldn't spin
the brother thing to his satisfaction, he started in here...advocating
special rules for DCook that don't apply to any other contestants.
And Michael John's old band. And Kristy Lee, and Brooke, and Carly, and
blah blah blah. This is all nonsense. OF COURSE people who are over 20 and
are trying to be musicians for a living are going to have product available.
If they don't, they're doomed to failure, IMHO.
>On Mon, 21 Apr 2008 19:45:54 GMT, Bob Rudd <bob...@verizon.net>
>wrote:
>
>>In article <5frp041dhhq6fb2r7...@4ax.com>,
>>wo...@pipeline.com says...
>>> On Mon, 21 Apr 2008 19:36:55 GMT, Bob Rudd <bob...@verizon.net>
>>> wrote:
>>>
>>> >In article <hgqp049kv3jh0hh8q...@4ax.com>,
>>> >wo...@pipeline.com says...
>>> >> Now if that one suddenly showed up, I would think there would be a
>>> >> problem, because that one would have had to be released during the
>>> >> actual competition, which I believe would be against the rules. The
>>> >> other one has been out there for a long while and just recently
>>> >> started to got hot because of his AI involvement.'
>>> >
>>> >If he had anything to do with a new release or re-release of something
>>> >old, IMHO, he has to go now.
>>> >
>>> >>
>>> >> Actually, TPTB might actually be pretty happy to see the interest.
>>> >
>>> >Immediately, sure....however, this is a short, and long, term PR
>>> >nightmare if it has a current contestant involved in putting out a CD or
>>> >digital d/l during the AI season.
>>> >
>>> >There's very little room for dancing around this. This is the kind of
>>> >stuff, again IMHO, that gets network suits involved, standards and
>>> >practices, etc.
>>>
>>> As I said....no new release.....just new interest. No foul there at
>>> all.
>>>
>>>
>>
>>I, strongly, suspect that this is a very business day for Nigel, Ken and
>>execs at Fox. I'm going to guess that DC is going to be involved in
>>meetings, unrelated to this week's show, with them, today.
>
>And I would think you are wrong, since the CD started getting noticed
>weeks ago and nothing has been said yet. The only thing that changed
>today was that Foxnews wrote a story.
>
>Obviously what happened is that when he started getting popular,
>people started doing searches for his old music and found this one and
>started buying. No foul there if that is the case, which I strongly
>suspect is the case.
I agree. Any of the others who had a CD out previously could have
started getting hits as well. Perhaps the fairest thing for all
concerned would be for AI not to permit anybody who had ever released
or had released so much as one commercial CD to participate. But
that's evidently not the case, and I don't see that there's been any
change since David C. sang his first song on the AI stage. He
certainly can't help what his fans decide to do.
Larc
งงง - Change planet to earth to reply by email - งงง
Bob, but prior portfolio has been de rigeur for Idol contestants since
season 4... I suspect it's probably already been dealt with?
Hell CLAY was selling demos during his run IIRC.
No I wouldn't, personally. People are buying the album because they're DC
fans, not the other way around.
Anyway many if not most of the contestants have pre-Idol performances
available for free viewing on YouTube as well. I don't see how this is
unfair either.
I think it was a do-it-yourself tattoo video.
If he were hungry and there was someone to offer a couple of thousand
(hundreds) to an unsigned artist....I'd take it. I don't know that he does
or doesn't, which is why I said pure speculation.
Elton
tino
2007 C.C.Champ + B.R. Runner-Up -Combined B.R.C.C. Champ-; Idol God
The Big P.O.P. theory.
---O Primordial Ontological Perturbation O--
Tootsie Pop = Correct model of Universe.
Cool. Thanks.
Elton
She was only about 7 years old.
I don't think Bob likes DC much
Elton
Ladies and Gentlemen....the finals have been announce....Syesha V David A.
Carly, Brooke, Dave C, and Jason (only added for dramatic affect) have been
DQ'd.
Elton
I think more of Bob than that. At least I hope it's not that.
Elton
I didn't want to go there.....
Elton
We will have to wait and see what TPTB does. I think to be fair, any
album should be pulled for any contestant.
Will TPTB be happy about this? I don' think so. The show uses you, you
don't use the show.
Bob, with all due respect, haven't you noticed that you are the only on eon
htat side of the fence?
Elton
My gosh, I'm this close to agreeing with you TC!!!
Don't bet your house on whom I am a fan.
No apologies necessary.
I don't have it in for him or anyone, Elton. As I said to you in
another thread....I don't like situations be it: steroids, illegal
taping of signals, etc. I think an allegation, especially by the
network the show is broadcast on, has to be immediately investigated
with action taken, if necessary.
Other than that.... I don't have it in for him. I think he's been
involved in some situations (like arrangements, maybe his brother-giving
him the benefit of the doubt) where he's starting to come across like
the Clintons...ie "what's next?"
I long for the day of the clean show. No pre records out, no early
deals etc. It probably is a pipe dream but I'd love AI of old.....folks
without CD's lying around or deals gone bad.
Doesn't matter whose involved.
Woah....the E was awesome...sorry about that folks....
Bob, with all due respect, haven't you noticed that you are the only on on
that side of the fence?
Elton
Yeah. I'm not faulting her for it, just pointing it out because it
hasn't been discussed.
I'm sure he never heard of you, either :P
.
> "Suzanne D." <sdal...@yahoo.com> wrote in message
> news:fuir28$dr4$2...@news.albasani.net...
> > It would be nice if one year AI didn't have a cast full of people who
> > already had albums!
>
>
> Let's just call it the Olympics, which *used to be* for amateurs only.
>
> My opinion (the only one that counts, of course): The judges
> are so bad at picking any true amateur talent, the show needs
> ringers to survive.
I was just going to say the same thing. Their track record hasn't been
all that great lately.
> In article <544084fe-8875-4440-b7bb-
> 893e7e...@a22g2000hsc.googlegroups.com>, ron_...@hotmail.com says...
> > The cd has been out there since the competition started. So why
> > business meeting today?
> >
>
> If it's being reported to be on sale on the web or available for d/l on
> legit sites.....that, to me, appears to be a significant ethical, not to
> mention PR problem.
There's nothing unethical about it whatsoever.
> On Mon, 21 Apr 2008 20:02:24 GMT, Bob Rudd <bob...@verizon.net>
> wrote:
> >If Bob were running a network with a show like this....there would be
> >some serious investigating going on right now along with the POSSIBILITY
> >of very difficult decisions being made before the show goes on again the
> >next time.
> >
> >I'm not saying what I would do, it depends on the circumstances, the
> >contracts etc., but I'd be making sure that subordinates I have the
> >utmost confidence in, were looking into the matter, charged with
> >resolving it before the next show airs.
>
> The very most they might do is suspend future sales.
They'd have a hard time making that demand if the contestant's contract
doesn't cover it. These folks are part of the union at this point in the
show and making a demand like that of a performer mid-stream, which is
not covered under the original agreement, is apt to get the union rather
peeved.
> I'm not saying what I would do, it depends on the circumstances, the
> contracts etc., but I'd be making sure that subordinates I have the
> utmost confidence in, were looking into the matter, charged with
> resolving it before the next show airs.
Whatever you could do would be limited by the contract you signed with
the contestant. You'd have a hard time making a demand to stop sales of
the album, for example, if the contestant's contract doesn't allow for
it. These contestants are part of the union at this point in the show
> Bob Rudd wrote:
> > In article <odqp04ph7mj0kqdfn...@4ax.com>,
> > wo...@pipeline.com says...
> >> And having a CD out is not against the rules anyway. It is simply
> >> that you do not have a current recording contract.
> >>
> >>
> >
> > Kittyn,
> >
> > If he's re-released an old CD, either in disc or digital while he is
> > still competing...I'm sorry but, at that point, IMHO....it is time for
> > TPTB to release him, immediately, from AI.
> >
> >
>
> Should they do that, they can expect to be sued (successfully) by David
> Cook, if they do not compensate him as a condition of leaving (execute a
> new contract), and sued by ALL the other contestant if the do compensate
> him for leaving. Plus, standards and practices will be all over their
> asses. The rerelease or release of a self produced CD or one which was
> produced while under a now defunct contract, does not constitute a
> violation of the rules as they have been portrayed here and in the
> media. There also does not seem to be any proscription on the manner in
> which such a release is made. Since the property, the CD, exists outside
> the boundaries of contract with the production company, the producers
> have no say in how it is disposed of anymore so than they could bar him
> from selling his car.
>
> So, unless you can find a line in the Idol contract specifically
> prohibiting the release, sale, or marketing of pre-existing property,
> real or intellectual, the existence of which would not in and of itself
> constitute a contract violation, it ain't none of the producers' never
> mind. As far as I know, the only relevant proscription are that the
> contestants not have an active recording contract nor a management
> contract which would interfere with the execution of the standard Idol
> contract(s).
I agree with this, too.
> In article <hdrp04hslqul4pc8t...@4ax.com>,
> wo...@pipeline.com says...
> > On Mon, 21 Apr 2008 19:32:34 GMT, Bob Rudd <bob...@verizon.net>
> > wrote:
> >
> > >In article <odqp04ph7mj0kqdfn...@4ax.com>,
> > >wo...@pipeline.com says...
> > >> And having a CD out is not against the rules anyway. It is simply
> > >> that you do not have a current recording contract.
> > >>
> > >>
> > >
> > >Kittyn,
> > >
> > >If he's re-released an old CD, either in disc or digital while he is
> > >still competing...I'm sorry but, at that point, IMHO....it is time for
> > >TPTB to release him, immediately, from AI.
> >
> > He didn't rerelease it. It has always been there....it just started
> > getting hits. I pasted the info in another post to you.
> >
> >
>
> I'm thinking he's going to have to request it be pulled from the market
> in that case.
If the legit version is pulled, that won't stop the interest in the
music. People will just download it off one of the P2P services. The
only difference will be the legitimate owner of the album won't be paid
anymore.
And you're assuming Cook still owns the rights to album. If he sold his
interest in it long ago and the new owner is just capitalizing on Cook's
new-found popularity (which he has every right to do), then Cook has no
more authority to ask the album be removed from the market than you or I
do.
Yup.
The Other Mickey
> He can't be DQ'd if they knew about it and let him on. However, if
> TPTB want to, they can put a halt to the sales until after the show is
> over.
No, they can't. You don't know who even actually *owns* this album. Cook
could have sold the rights to it long ago. And if someone else owns the
album, then the Idol producers have absolutely zero say in whether it
stays on the market or not.
I think it would be hilarious if I had bought the rights to some unknown
artist's seminal work, only to have that artist hit it big on Idol, then
have the show's producers contact me and demand that I remove the
property from the market. I'd laugh in their faces and continue
collecting my money.
> Bob Rudd wrote:
>
>> In article <odqp04ph7mj0kqdfn...@4ax.com>,
>> wo...@pipeline.com says...
>>
>>> And having a CD out is not against the rules anyway. It is simply
>>> that you do not have a current recording contract.
>>>
>>
>> Kittyn,
>>
>> If he's re-released an old CD, either in disc or digital while he is
>> still competing...I'm sorry but, at that point, IMHO....it is time for
>> TPTB to release him, immediately, from AI.
>>
>>
>
> Should they do that, they can expect to be sued (successfully) by David
> Cook, if they do not compensate him as a condition of leaving (execute a
> new contract), and sued by ALL the other contestant if the do compensate
> him for leaving. Plus, standards and practices will be all over their
> asses. The rerelease or release of a self produced CD or one which was
> produced while under a now defunct contract, does not constitute a
> violation of the rules as they have been portrayed here and in the
> media. There also does not seem to be any proscription on the manner in
> which such a release is made. Since the property, the CD, exists outside
> the boundaries of contract with the production company, the producers
> have no say in how it is disposed of anymore so than they could bar him
> from selling his car.
>
> So, unless you can find a line in the Idol contract specifically
> prohibiting the release, sale, or marketing of pre-existing property,
> real or intellectual, the existence of which would not in and of itself
> constitute a contract violation, it ain't none of the producers' never
> mind. As far as I know, the only relevant proscription are that the
> contestants not have an active recording contract nor a management
> contract which would interfere with the execution of the standard Idol
> contract(s).
The only clause I can think of that would even come close to covering
previously recorded material would be name & likeness, which is almost
certainly restricted in the AI contract. Even then, I think that it
would only apply to newly released material.
If someone buys the naming rights for, say, Dale Earnhardt, that doesn't
prevent a company from continuing to sell products with his name on
them, it only prevents them from introducing a new product.
I think the issue with Cook's previous release is a non-issue.
Fantasia.
<runs away>
I don't know. Maybe one or two of the singers had made little albums on
there own. Nothing like today, though, where nearly the entire cast has
already gotten a taste of the album-making and selling process. I remember
when AI used to be a search for a truly unknown talent, when nobodies would
be on the show; people who had never sung in public, who had never cut an
album, who were not in bands, who just enjoyed singing and tried out for a
singing contest. These days we don't get unknown talent as much as we get
bunches of people whose previous attempts to be singing stars have already
failed.
--S.
Before you know it, they will allow Grammy-winners in the competition. Oh
wait, they already have.
--S.
Here are the current Amazon stats on the past CDs by the other S7 Idol
finalists:
Brooke White “Songs From The Attic” (2006): Out of print, not
available for download, sold only as used CD from Marketplace sellers
(price range $29.99 to $1,000.00). Amazon.com Sales Rank: #2,706
Carly Smithson (as Carly Hennessy) “Ultimate High” (2001): Out of
print, but new copies still available directly thru Amazon ($14.99) .
All 12 tracks available for download. Amazon.com Sales Rank: #20,227
Kristy Lee Cook (as Kristy Lee) “Devoted” (2005): Out of print, all 10
tracks available for download. CD sold only as used CD from
Marketplace sellers (price range $20.23 to $39.99). Amazon.com Sales
Rank: #9,965
Michael Johns’ band (The Rising) CD not available at Amazon.
If you're looking for MJ's stuff, it's been up on iTunes for a while now.
When was this?
Season 1, in which the winner had already been in a recording studio and
recorded some demos?
Or the runner up who was offered a lucrative role on Broadway?
Or a 4th place runner up who filmed Coke commercials and worked with a
couple of well-known music insiders?
Or a 5th place runner up who recorded 2 demos and signed a recording
contract?
--
JWH
Here are the current Amazon stats on the past CDs by the other S7 Idol
finalists:
Brooke White “Songs From The Attic” (2006): Out of print, not
available for download, sold only as used CD from Marketplace sellers
(price range $29.99 to $1,000.00). Amazon.com Sales Rank: #2,706
Carly Smithson (as Carly Hennessy) “Ultimate High” (2001): Out of
print, but new copies still available directly thru Amazon ($14.99) .
All 12 tracks available for download. Amazon.com Sales Rank: #20,227
Wow....it looks as though Carly has been writing songs with Danielle
Brisbois, record producer/songwriter and former child actress of Archie
Bunker's Place.
Elton
It's ok. Please see my "If I were TPTB of AI" thread and you'll get a
better idea of where I'm coming from on all of this.
This all happened prior to them being on AI? As for Kelly recording a demo,
I can hardly see that counting. Having a demo tape isn't at all the same as
having professionally recorded an album and had it for sale.
I don't remember hearing anything about Justin Guarini having been offered a
Broadway role prior to auditioning for AI, but Broadway has nothing to do
with what I am talking about anyway. Being in theatrical performances and
being a recorded singer are two totally different things.
Same goes for Tamyra Gray's Coke commercial (again, never heard of her have
had acting roles prior to auditioning) -- acting has nothing to do with
having recorded an album. If you are going to lump acting in with singing,
why not include other arts, such as painting, dance, and novel-writing?
Ridiculous.
I also was not aware that RJ Helton had a recording contract prior to
auditioning. Given that, when asked what he would call his first CD, he
gave an answer, I find it hard to believe that he already had his first
album recorded already. Even if he recorded an album, was it available for
purchase the way so many of the contestants' albums are now?
Bottom line, nobody in season 1 was a bona fide recording artist prior to
auditioning for the show. They were just a bunch of amateurs who liked to
sing.
--S.
Elton, it really has nothing to do with whom I like or dislike.
In the case of DC, at the moment, it just seems like he continues to be
in the middle of controversies. First there was the problem with
arrangements. Next came the matter of how his brother's situation was
being handled. Then come this, which clearly was raised as a matter that
Fox News, itself, felt needed to be looked into.
He could be completely and totally innocent in all three areas. At the
same time, the cynic in me wonders whether where there's smoke,
maybe....there's some fire?
If I'm running the show, the last thing I want is repeated headaches.
Doesn't matter if it comes from things like this or a contestant with a
parent who is, reported, to be a first class PITA.
DA is not necessarily clean either, Elton...there is that little Star
Search victory. Does that mean he's really a pro already as well?
More like a Syesha and Jason final...unless there's something in their
histories as well?
I've been known to be Don Quixote like in the past, Elton. I can live
with it. ;-)
Smartass...and here's one for your horse as well.
I admit to being in the AI tank for two people...Clay Aiken and Anwar
Robinson. I also think that Fantasia Barrino was, and turned out to be,
a very poor definition of "Idol." I do believe that the winner should
be a role model as well.
BTW, you're still a smartass! ;-)
I'd be willing to bet that there some nebulous clauses that give TPTB
and Fox a great deal of latitude in terms of what they can expect and
demand from the contestants.
On this, I completely agree with you.