Yodeler Tells Yahoo: I'll Sue You-Hooo!

chas smith R.I.P. · Post by **chas smith R.I.P.** » 19 Apr 2002 11:25 am

http://www.latimes.com/business/la-000027844apr19.story?coll=la%2Dheadlines%2Dbusiness

This is Wylie Gustafson from Wylie andthe Wild West Show.

Earnest Bovine · Post by **Earnest Bovine** » 19 Apr 2002 11:34 am

If it was a steel player, he would have done the gig for $5.90 and sued for $590.00.

Janice Brooks · Post by **Janice Brooks** » 19 Apr 2002 12:55 pm

I hope he gets the compinsation.

Donny Hinson · Post by **Donny Hinson** » 19 Apr 2002 2:26 pm

So he expects 5 million dollars for about 4 seconds of his "vocalization"?!?! Ordinarily, I would say he didn't have a snowballs chance...but in this "era of litigation" (where stupid people get millions for spilling hot coffee in their own lap), I guess that anything's possible.

Look at it this way, if what Wylie did deserves 5 million, then what Freddy Tavares did oughta be good for at least 50 billion!

Janice Brooks · Post by **Janice Brooks** » 22 Apr 2002 2:44 pm

Cowboy yodeler settles his lawsuit against Yahoo! over three-note
yodel

By NICHOLAS K. GERANIOS
Associated Press Writer

04/22/2002
Associated Press Newswires

Copyright 2002. The Associated Press. All Rights Reserved.

SPOKANE, Wash. (AP) - Wylie Gustafson can really shout "Yahoo!" now.
The cowboy yodeler from Dusty, Wash., has settled his copyright
infringement lawsuit against Internet giant Yahoo! Inc. over the use
of his distinctive yodel in its national advertising.

"They wanted to do the right thing and pay for a vocalization that
has become a worldwide trademark," Gustafson said Monday from his
ranch in the small town south of Spokane.

His yodel will continue to be featured on Yahoo! advertising. But
other terms of the settlement, which was reached last week, were not
disclosed.

Gustafson, 40, who performs around the nation with his band Wylie &
The Wild West, created and sang the three-note yodel for Yahoo! in
1996, before the company hit it big, and was paid $590.

He said he thought it was for a regional advertisement. But when he
started hearing his yodel on commercials playing during the Super
Bowl and other nationwide broadcasts, Gustafson decided to pursue
more money.

Gustafson filed a federal lawsuit in Los Angeles last week. He
contended that the Sunnyvale, Calif.-based company's continued use of
his yodel without compensation amounted to copyright infringement.

"Wylie Gustafson yodels on for Yahoo!," the company said in a
statement. "While both parties had a reasonable basis for their
beliefs, as soon as Yahoo! learned of the suit, the company responded
promptly and fairly."

Shares of Yahoo were down 62 cents to close at $14.14 in trading on
the Nasdaq Stock Market, but gained 6 cents in extend trading.

John Steele (deceased) · Post by **John Steele (deceased)** » 22 Apr 2002 2:53 pm

This reminds me of the time the Microsoft Corp. bought the right to use "Start me Up" from the Rolling Stones as an opening ditty for their then-new Windows operating system. Does anyone remember what they paid for it ? It wasn't chicken feed.
-John

Jason Odd · Post by **Jason Odd** » 22 Apr 2002 4:52 pm

Well, now that reminds me of an article I read where someone built a case for the music of the 1960s being the Muzak of the 1990s and onwards.
Everythings a jingle, why don't you start me up a coca-cola, 'cause yesterday all my troubles seemed so far away, and I've got a ticket to ride, born to be wild, while I hold my pepsi, I wish they could all be lucrative contracts, I wish they could all be..... well you know, now baby, baby where did my coke go?

Seriously though, it's interesting that he didn't get any residuals after the initial airing season until he prompted them. Companies do have records of this sort of stuff, and is he on the Yahoo ads with the yodel that have aired here in the last couple of years?

chas smith R.I.P. · Post by **chas smith R.I.P.** » 22 Apr 2002 7:35 pm

YaHoo probably thought they had a buyout and that he would just fade off into the sunset. You should see how Disney jacks around the people they don't feel like paying.

Dave Birkett · Post by **Dave Birkett** » 22 Apr 2002 10:35 pm

I vaguely remember a story of someone telling a naive Tommy Duncan that songwriters get royalties. Tommy allegedly asked Bob Wills about this and whether or not he should be paid for Time Changes Everything and others. Wills replied that the payments were small and he put them in the general kitty for band expenses, but, from then on, Tommy received regular checks. Does anyone in this business pay voluntarily?

Uwe Haegg · Post by **Uwe Haegg** » 23 Apr 2002 5:17 am

Wylie is really a great singer/ songwriter -
and as far as I know also a nice guy.
Don`t forget, he is one of the guys that
makes extensive use of steel guitar in his arrangements.
He just keeps getting better.
If you`re a fan of good, solid,happy, swinging Country music, give him a try.

<FONT SIZE=1 COLOR="#8e236b"><p align=CENTER>[This message was edited by Uwe Haegg on 23 April 2002 at 06:18 AM.]</p></FONT>

Glenn Austin · Post by **Glenn Austin** » 24 Apr 2002 7:24 am

Do companies pay voluntarily? Yes I think so. And no, companies don't keep records of that sort of thing. They have ad agencies to look after that. The problem arises when a company ditches the old ad agency for a new one. All the records stay with the old one. There are a lot of low paid overworked people who don't know the rules when it comes to things like this. Not to mention that people come and go like crazy in the ad business, so I'm sure sloppy record keeping has something to do with it. I work for a production company, that handles talent payments, and let me tell you it is a lot of work. You have an ad that was done two years ago, You have a client who has bought $100000 of air time starting in two days. You have a bunch of people on this ad who have moved 10 times in the last two years, they've changed agent's 20 times in the last two years, they never told the union they moved, they don't know how to return a phone call when you do find them. All you need is their signature on the contract. It can be an impossible task at times. Having said that, I'm glad the guy got paid. I work often with singers. There was one lady in particular that sang on a jingle for a restaurant here in Montreal. She did the session in 1978 non union for a flat fee of $200. It ran for twenty years! If Gustafson had belonged to SAG or AFTRA, he wouldn't have had any of those problems.

chas smith R.I.P. · Post by **chas smith R.I.P.** » 24 Apr 2002 10:35 am

This is, in fact, a victory for all of us.

JB Arnold · Post by **JB Arnold** » 24 Apr 2002 5:15 pm

The fee for the use of "Start Me Up" was an astronomical sum-I want to say 20 million dollars-if that's high it's not by much. Gates knew Jagger didn't really want to license the song, and didn't need the money, but he called Jagger personally to discuss it. (Jagger is te one who makes those decisions).

Jagger did NOT want to do it. Felt it would be selling out, and he's been openly critical of other artists in the past for "going commercial" and allowing their material to be used for advertising. We'll ignore the hypocritical side of that for now-talk about the pot calling the kettle black-but that's how he felt.

He also did NOT want to say No to Bill Gates. Jagger, to the surprise of many, is a pretty sharp businessman-very sharp actually-and gates is a guy you want on your side. Particularly in this digital age.

So he came up with a number so insane he figured there was no way Gates would do it, and then he'd just take flak for being a greedhead in the press and it would all be over-and gates would just think he was crazy and find another song.

He dropped that 20 Mill number on Gates and he said Yes in a New York Minute. Caught Jagger completely off guard, and he had to okay the deal.

And that's how that got done....\

John

------------------
Fulawka D-10 9&5
Mullen Royal Precision D-10 8 & 5
"All in all, looking back, I'd have to say the best advice anyone ever gave me was 'Hands Up, Don't Move!"
www.johnbarnold.com/pedalsteel
www.buddycage.net