There is a new development in the copyright infringement lawsuit against the band Poison. The attorney for the Kid Rocker (Billy McCarthy/James Stonich) copyright infringement lawsuit against Poison has released a radio interview transcript in which Poison member C.C. Deville states to host Billy McCarthy: “You should have made some money off that first album.”
Attorney Daniel J. Voelker said the radio interview “says it all” regarding the merits of his clients’ case. Here is a portion of the 1994 interview on station KIEV, 870 AM, Los Angeles:
McCarthy asked C.C. Deville “how many albums has Poison sold in their career.”
Deville answered: “20 million records.”
McCarthy (joked): “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.”
Deville continues: “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.’ ”
Voelker said that the authenticity of this transcript is undeniable and that he is prepared to submit the actual recording to the court.
To clarify earlier press reports, “Kid Rocker was never signed to Atlantic Records as currently reported by some media outlets,” said Voelker. Instead, he said the band was managed by Bill Aucoin (Kiss, Billy Idol) and produced at one point by Eddie Kramer (Jimi Hendrix, Peter Frampton).
Voelker said James Stonich has written over 130 songs and co-written with household name artists. Billy McCarthy is a published author, executive producer of a documentary on legendary drummers and is a former Atlantic Recording artist. McCarthy and Stonich are extremely eager to present the mounting evidence of this case in a court of law, said the attorney.
Voelker said it was interesting to note that in attempts to defend Poison, that band’s attorney does not address whether Poison has committed copyright infringement. Instead, Poison’s attorney has merely released a smoke screen questioning the motives of the lawsuit, said Voelker. “Rather than avoiding the facts, we are very much looking forward to a vigorous litigation of them,” he said.
The copyright infringement lawsuit filed in federal district court on Oct 19, 2011 in Illinois includes in addition to “Talk Dirty To Me,” three more Poison hits, “I Won’t Forget You,” “Fallen Angel” and “Ride the Wind.”