As far as I can tell, yes.

I have, with regret, disqualified gorgorgathgorgorgor's entry, by the following logic:

1. The Stevie Wonder samples used, even if only one-shots, aren't legal.
2. They thus violate the KVR rules, and so the song can't be here.
3. If the song can't be here, it can't very well be in the contest.

I'll note that what's illegal and what's wrong don't always coincide for me, and that I have no ill will toward gorgorgathgorgorgor and I hope he'll keep entering the contest, and that I'm sorry it came to this.

In a minute I'll PM those who voted for "Happiness" to tell them they can revote if they wish.

Not trying to be difficult, but it still seems like there is a little grey area here. Sound recording copyrights from 1972 or earlier are subject to state or common law. Do we know what the state law is in Texas? And if the state law in Texas is such that there is violation, couldn't Gorgorgathgorgorgor's master recording be given to someone in a European country to host - thereby not violating copyright so long as the Stevie Wonder sample used is from 50 years ago?

Can someone phone Stevie and ask him?

That's regrettable, as this one was one of my top selections for voting this month.

I understand your logic, and support your decision (we don't want to go through the controversy that almost left us without a contest again, do we?). You have to enforce the rules, and that job can sometimes be a bitch.

However, it's such a shame that this wasn't caught earlier when there was chance of a fix, that I wanted to suggest an exception be made for gorgorgathgorgorgor to submit a new version if he so wishes replacing his sampled one shot drums for some other more acceptable drum samples. Frankly, the drums are not even the star of his track: the bass and vocal performances and the clavinet sound are, and those are perfectly legal. He might want to replace the drums for another sound and the track might sound the same ...

I know this might set down a bad precedent, so this suggestion might not fly. I just wanted to put it out there that I at least would be ok if such one time chance was given...


G.

+10000



now that D.H. Miltz addressed the question, I think we just have to welcome his decision once for all. It's already such a mess, with all the revoting thing.

I agree that it's a shame that this wasn't caught earlier, but gorgorgathgorgorgor could have asked before submitting.

thanks for listening and reviewing. Yeah, the fade-out is not my usual trick, but I was in a rush to finish this song in time according to my own schedule.

May I ask why the vocals didn't work for you? (don't be afraid to hurt me) - my german pronunciation, the technical quality of singing, the flow, the timbre of voice, the mixing, all of the latters or other things?

You are right, of course... I apologize to D.H. Miltz for second guessing a decision that must not have come lightly...

It was more that it didn't gel too well for me with the music. Possibly the production side was keeping some separation but it sounded like the tune and words were very separate entities. As I didn't understand (due to language) the words, they were "in the way" of the (very nice) music. Technically, the timbre was fine and (allowing for the disconnect), the flow overall seemed okay. I can't comment on the pronunciation (I'd have guessed the language was Dutch if asked, though, I think -- but I'm a dreadful judge of these things in general).

However - having vocals at all always adds to a song, so I don't think I would have enjoyed it as much with them stripped entirely.

This sucks, Would have been nice to know, as I had plenty of time to fix it if I knew there was a problem (that is after all why I disclosed it). I am Officially declaring myself the Winner of the Happiest song contest!

I have ash-canned the offending file from Soundcloud, and I am conceding the election to my worthy opponent, may he start two wars of aggression and explode the national debt. Thank you for your support.

For the enjoyment of all.
http://soundcloud.com/gorgorgathgorgorgor/1202-gorgorgathgor gorgor
and seriously, no hard feelings, I should probably have known better.

Thanks for understanding, gorgorgathgorgorgor (and the rest of you).


Also: updated Doc Jon's post with Freesound.org credits.

You've got a tough job there D.H. - If you don't run a tight ship then no one will be able to sail. What you do is greatly appreciated.

Nice that gorgorgathgorgorgor is such a class act (as much as a blood thirsty barbarian can be, anyway)

Don't be so sure! For now I have voted! Mua ha ha ha!