Ratt. The name conjures up images of big hair, loud guitars, and anthemic rock songs that defined the 1980s. For many, including myself, albums like Out Of The Cellar were a gateway into the world of hard rock and heavy metal. I vividly remember seeing Ratt live with Extreme in Las Vegas back in 2009, a night made even more special because they played Out Of The Cellar in its entirety to celebrate its 25th anniversary. It was a revelation, reminding me that the album was so much more than just the mega-hit “Round And Round.” Every track was killer, right down to the album’s final punch with “Scene Of The Crime” and “I’m Insane.” But little did I know then about the legal drama surrounding those very songs. Did you know Ratt faced a lawsuit over “Scene Of The Crime” and “I’m Insane”? Grab your popcorn, because the story of how I stumbled upon this legal battle is quite revealing.
From Metalhead to Law School: Discovering the “Ratt Songs” Lawsuit
My obsession with Ratt Songs and hard rock continued through the 80s, but as the decade closed, life took a turn. The mullet was sacrificed, and law school became my unexpected new arena. Ironically, it was within the hallowed halls of legal academia that I reconnected with my rock and roll past in a very unexpected way. While grappling with the intricacies of the Lanham Act, a federal law concerning trademarks and unfair competition, a case study landed on my desk: Lamothe v. Atlantic Recording Corp.. This 1988 Federal court decision involved none other than Ratt and Atlantic Records, sued for allegedly stealing the songs “I’m Insane” and “Scene Of The Crime” from Out Of The Cellar. As a die-hard Ratt fan, my interest was instantly ignited. Looking around the lecture hall, I sensed a distinct lack of enthusiasm from my future lawyer peers. Clearly, they hadn’t grown up with the same appreciation for 80s rock anthems and the power of Ratt songs.
Mac Meda’s Music and the Birth of a Lawsuit
The narrative unfolded, revealing a history that predated Ratt’s meteoric rise. Robbin Crosby, Ratt’s guitarist and a key songwriter, had previously been in a band called Mac Meda. During his time with Mac Meda, Crosby, along with bandmates Rob Lamothe and Ronald Jones, co-authored several songs, including the tracks that would become “Scene Of The Crime” and “I’m Insane.” Crosby eventually moved on to join Ratt. Fast forward to 1984, and Ratt unleashed Out Of The Cellar upon the world. The album was a massive success, packed with now-classic Ratt songs, including, crucially, “Scene Of The Crime” and “I’m Insane.” So, what was the legal issue? Take a closer look at the songwriting credits on Out Of The Cellar. Crosby and Juan Croucier are credited as the writers of “Scene Of The Crime” and “I’m Insane.” This omission of Lamothe and Jones as co-writers sparked a legal challenge. Was it a simple oversight, or a deliberate act of misrepresentation? Either way, in the eyes of the law, it was a significant problem, a “compensable” one, as lawyers say.
Stephen Pearcy and Juan Croucier at RNS 2016
The Lanham Act, “Reverse Passing Off,” and Ratt’s Defense
Lamothe and Jones, understandably seeking recognition and compensation for their work, sued Ratt and Atlantic Records under Section 43(a) of the Lanham Act. This act is designed to prevent copyright infringement and false advertising. It essentially protects creators from having the economic value of their work diminished by misrepresentation of its origin. The Lanham Act also safeguards consumers from being deceived about the true source of a product. Two key violations under the act are “passing off” and “reverse passing off.” “Passing off” is exemplified by counterfeit goods, like fake designer handbags sold as authentic. “Reverse passing off,” as the name suggests, is the opposite. It occurs when someone takes another’s product – in this case, songs that contributed to a multi-platinum album of Ratt songs – and falsely claims authorship. Lamothe and Jones accused Ratt of “reverse passing off,” arguing that Ratt had taken Mac Meda songs and presented them as original Ratt compositions.
In court, Ratt’s defense wasn’t to deny Lamothe and Jones’ co-authorship. Instead, they argued a technicality, claiming they hadn’t fully violated the Lanham Act because their source designation was partially correct, as they did credit Robbin Crosby, a co-writer.
“You Should Know By Now”: The Court’s Verdict Against Ratt
Ultimately, the court didn’t buy Ratt’s partial credit defense. Ruling against the band, the court stated, “An incomplete designation of the source of the good or service is no less misleading because it is partially correct. Misbranding a product to only partially identify its source is the economic equivalent of passing off one person’s product under the name or mark of another.” In layman’s terms, the court’s message was clear: failing to properly credit all songwriters is a violation, even if some credit is given. Ratt, known for hits like “You Should Know By Now,” learned a legal lesson. They were, in essence, told, “You’re In Trouble” and would need to compensate Lamothe and Jones to avoid further legal action, ensuring they wouldn’t “Back For More” litigation.
Interestingly, Rob Lamothe continued his music career, fronting the band Riverdogs, which featured Vivian Campbell of Def Leppard fame. Their album California was released in July 2017.
You can delve into the full legal details of the case by reading the court’s decision: Lamothe v. Atlantic Recording Corp., 847 F. 2d 1403 – Court of Appeals, 9th Circuit 1988
To truly appreciate the story, compare the original Mac Meda versions of “Scene Of The Crime” and “I’m Insane” to the Ratt songs that became rock anthems.
Here’s the original Mac Meda version of “Scene Of The Crime”:
[embedyt] https://www.youtube.com/watch?v=2OMDF_Lo-dE[/embedyt]
For comparison, here’s the Ratt version of “Scene Of The Crime”:
[embedyt] https://www.youtube.com/watch?v=iFsh1bljwNA[/embedyt]
Here’s the original Mac Meda version of “I’m Insane”:
[embedyt] https://www.youtube.com/watch?v=uVgLbD98j2g[/embedyt]
For comparison, here’s the Ratt version of “I’m Insane”:
