Are you one of The Skulls? :wink:
PurposelessPlay Wrote:But technically isn't our favourite band called "The Tragically Hip?"
ie. If Red Flag did a song with the band on their CD it would say (with THE Tragically Hip)
Technically? True. But I think we all know that the "the" is in the wind. I know I myself flip between using the "the" and not using it. The forum we're in now is called "Tragically Hip Discussion". No "the". If they did do the song with the Hip then they would've put "with the Tragically Hip" but it doesn't say this which leads me to believe it has nothing to do with the Hip. They have a bunch of other songs listed there that say "with so-and-so"...
PurposelessPlay Wrote:And technically wouldn't a song title be capitalized whether it be "(Kitchen Boogie Mix)" or "(Radio Edit Remix?)"
True again. But why call a mix by the name of an established band if it has nothing do with the band? It's entirely possible that they too watched Elephant Parts and used the Nesbith concept of the "Tragically Hip" when making the last song and called it that and it has nothing to do with the band we all love... but why do something like that?
I mean, you're right; people do name mixes and the examples you provided above are clear proof that they would be capitalized etc but it would be the same as if we were to start a band, release an album and have a song on it called "Lance And The 'Base (Guns And Roses mix, with Stephen Dame)"... we called it "Guns And Roses mix" because you had a t-shirt with a gun on it and I had a bouquet of roses sitting on the table or something. But "Guns And Roses" is an already established band. You know what I'm saying?
Even if the Hip can't sue them (which I believe they can) it still doesn't make sense to name a mix after a band that has nothing to do with the song and (as far as I can tell) aren't in the song or any of their music sampled.
You know, just thinking about it, this entire debate could be bunk because I haven't listened to the whole song. There could be an entire verse at the end of it that talks about Gord Downie for all I know.
But my reasoning is running on assumptions.
1. That the Hip have nothing whatsoever to do with the song. They aren't mentioned in it and the song itself has no lyrics or music derived from The Hip.
2. That the band is relatively unknown (I've never heard of them at least) and they have a song on their album called "Tragically Hip mix" and there is an already established band by this name.
3. The Hip have their name ("Tragically Hip") in some way copyrighted or trade-marked or whatever for business dealings.
4. And that the Hip did not give them permission to use their "property".
These 4 points are basically what I have assumed (which I probably shouldn't have) and if these 4 are indeed the case then the Hip can technically sue, but I don't know if any of these are in fact true so I don't know for sure if they can sue or not.
*I just defenestrated my entire argument didn't I?* :lol: