Members of 1980s hair metal band Poison are being sued for alleged plagiarism by former members of Chicago band Kid Rocker.
According to the plaintiffs, Billy McCarthy and James Stonich, Kid Rocker was signed to Atlantic Records and played the Hollywood club scene in the early 1980s. They say during those years Kid Rocker wrote a number of songs including “Hit and Run” and “Wham Bam Slammin’ Romance,” which McCarthy and Stonich say were later used by Poison, according to the Hollywood Reporter.
McCarthy and Stonich allege Poison guitarist C.C. DeVille auditioned for Kid Rocker in 1984, before he joined Poison. During that time, DeVille allegedly was shown completed songs such as “Talk Dirty to Me,” “I Won’t Forget You,” “Fallen Angel” and “Ride the Wind.”
Kid Rocker broke up later that year, but McCarthy purportedly presented DeVille with songs for use in another band, the Screamin’ Mimis. DeVille later joined Poison, and their debut album, Look What the Cat Dragged In, was released in 1986. The album includes “Talk Dirty to Me” and “I Won’t Forget You.”
In addition to suing Poison, McCarthy and Stonich are also suing Capitol Records and EMI Music for allegedly infringing the copyright on their songs. The plaintiffs are demanding repayment of all profits from the songs in question, statutory damages for willful infringement and an injunction that would prevent Poison from performing the allegedly stolen material.
Daniel Voelker, the attorney representing the plaintiffs, was asked why it took them so long to bring the case. “That’s a good question,” he said, without elaborating.
