[Photo by: Rudy Mancuso/YouTube]
Vine star Rudy Mancuso and The Fosters actress Maia Mitchell have been accused of ripping off Eisley's “Ambulance” in their new song “Sirens.” It was first noted in a video from former Mutemath drummer Darren King, who's married to Stacy DuPree, vocalist and keyboardist of Eisley.
He posted the video to Instagram, showing how the melodies not only sound similar, but noting that Mancuso and Mitchell went as far as using the same lyrics.
“It's not a cover, it's not a sample. Rudy and Maia, you just straight lifted. And you're selling it. You can't do that,” King explains.
And King has not been the only one to notice it. Eisley fans have taken to Twitter to note the lack of proper credit.
— assh (@_topochica) December 12, 2017
THIS IS AMBULANCE BY EISLEY!!!
— CJ alvarez (@ChelsJAlv) December 12, 2017
so is stacy king getting her due royalties since she's the one who wrote “ambulance” or what
— Catherine Tinker (@catherinetinker) December 12, 2017
— Michael Mojica (@MichMoj) December 11, 2017
y’all know it’s HIGHLY ILLEGAL to steal intellectual property, especially when it belongs to a band that’s as talented as @Eisley. Late credit on YouTube still isn’t enough. TAKE THIS SONG DOWN IMMEDIATELY.
— Kristen Hill (@KristenAbigail) December 12, 2017
Fans on Twitter originally noted that the duo had no mention of Eisley in the song credits or on YouTube until after sharing the video. Later, the duo included “Original Song by: Eisley – Ambulance” in the video's description.
If done properly, Mancuso and Mitchell could have covered or sampled from “Ambulance.” However, in the world of copyright, credit in a YouTube description isn’t actually enough.
“Once a musical work has been published, anyone can record a cover version of the song by obtaining a mechanical license. A song is 'published' when copies or recordings are distributed to the public for sale or rent. A live performance is not publication,” Legalzoom explains.
“The song’s copyright owner must give you a mechanical license if you pay a royalty fee based on estimated revenue from your cover song. You can obtain a mechanical license through the Harry Fox Agency.”
Without crediting Eisley, it could put the duo into legal trouble if Eisley chooses to seek damages for Mancuso and Mitchell profiting off the band's original song. On Genius, “Sirens” is credited to Mancuso as the writer, with no mention of Eisley. And in their Billboard story, the writer explains that the track is an “interpolation of Eisley's 'Ambulance,'” but without credit, makes it an inclusion that isn't fully legal.
However, Sherri DuPree, another member of Eisley, confirmed on Instagram that they gave the duo the OK to use the track, saying, “We're working quickly to resolve it quickly so everyone can enjoy the release together.”
2) sammy shahidi (co-founder of the studio which the video were released under) commented on darren's video saying that they had an okay of the band
3) sherri (who's in the band and happens to be stacey's sister) confirmed she gave the okay and that they are working it out pic.twitter.com/MxzAvLNeTU
— luke (@maiabitchell) December 12, 2017
Hear the tracks below, and share your thoughts in the comments.