Arizona band sues Apple, Chris Daughtry

LAKE HAVASU CITY — The lead singer of a local band is suing Apple and American Idol finalist Chris Daughtry and for copyright infringement over the song, “Feels Like Tonight.”

Randy Mazick, lead singer of The Asphalt, alleges Daughtry’s song “Feels Like Tonight” sounds like “Tonight,” which his band recorded a year earlier than Daughtry.

Daughtry was a contestant on the fifth season of American Idol, where he became a finalist and finished in fourth place. Record sales indicate he is the fourth most successful contestant in the show’s history. Daughtry’s first album, “Daughtry,” was released in 2006 and was the best selling album of 2007.

The Asphalt is a four-man band out of Lake Havasu City about four hours northwest of Phoenix. Mazick claims that songwriters Lukasz Gottwald, Martin Karl Sandberg and Sheppard Solomon’s song, “achieved worldwide success and notoriety since its release in November 2006,” according to the complaint.

The complaint also says the song’s hook is a copy of the copyrighted song “Tonight,” first publicly performed by Mazick’s band in 2005 and later performed throughout the Southwest.

The complaint was filed Sept. 17 and called for a jury trial. It states Mazick is “entitled to damages and to Defendant’s profits in amounts to be proven at trial, which are not currently ascertainable.”

Linda Schroeder, a court reporter for the U.S. District Court, said that the case could take up to three years to reach trial. In the meantime, the court could choose to take many actions, such as taking depositions of those involved, subpoenaing evidence, and getting sworn testimony.

Daughtry has yet to choose an attorney.

“A summons has been issued for each of the named defendants, and once they’re served, I’m sure an attorney will enter an appearance for them,” Schroeder said.

Jason Marino, guitarist and vocalist of The Asphalt, said in an e-mail that the band declined comment on the case.

Ray Harris, The Asphalt’s Phoenix attorney, said he could not comment on a case that is in litigation.

For more information on The Asphalt and to hear their song “Tonight,” visit www.myspace.com/theasphalt.

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