Mo' Polka, Mo' Problems: A tale of polka and litigation
Quite the polka-themed soap opera over in Chippewa Falls, ya hey. It’s a classic tale of polka-playin’ lovebirds, scorned hearts, and revenge. More specifically, it’s the story of a guy named Ray suing his ex-wife for copyright infringement over a song called “Yodelin' Boy Polka.”
polka hurricane.
Last summer, Chippewa Falls polka meister Ray Rubenzer sued his ex-wife Lois because he said Lois and her new hubby (also a polk man) had ripped off Ray’s hit "Yodelin' Boy Polka," calling it "C'mon and Sing" and using it to whip the Chippewa Valley’s polka crowds into unbridled oompah-mania. They also recorded "C'mon and Sing" which is were things got extra illegal. Rubenzer won, as the story goes ...
Dave and Lois Melgaard, who perform as the The Topnotchmen Band, claimed their song from a melody she was humming for which they wrote their own lyrics. Lots of polka songs sound alike, Dave Melgaard said in June, adding that while it was a popular number in their repertoire, the couple certainly didn't get rich off recording "C'mon and Sing."
Rubenzer and the Melgaards live in Chippewa Falls.
The Melgaards initially resisted Rubenzer's copyright infringement action, claiming in federal court records that their song "was independently and innocently created," that " 'Yodelin' Boy Polka' lacks originality" and that if there was any copyright infringement, it was too slight to have legal significance.
But last month, they entered into a consent judgment that plainly acknowledges "C'mon and Sing" infringed on "Yodelin' Boy Polka."
So now the Melgaards must give Rubenzer all their "C'mon and Sing" recordings, “acknowledge Rubenzer's right, title and license to that song” ... and pay Rubenzer $25,000. That’s a pretty pricey barrel to roll out, am I right?
Rubenzer's been playing polka for over 55 years, and unfortunately, this isn’t his first foray into the legal system, as Rubenzer’s also had some drama with his brother – also a polka musician. Mo' polka, mo' problems, yo.
Currently, Rubenzer gets his oompah on as a solo trombone-and-keyboard act for local senior centers and such.
