Who wrote and recorded "Beyond the Sun"?
In October of 2005, the band Shinedown released a CD which included the song Beyond the Sun and claimed it as their own, then registered a copyright for the song three months later. However, the registration was fraudulent because the copyright to Beyond the Sun already belonged to the three members of the Orlando based band 3AE, who wrote and recorded the song in September of 2002. Stated another way, when Shinedown claimed Beyond the Sun as theirs in October of 2005, they knew that Beyond the Sun was a 3AE song, that it was written by band members of 3AE, and they knew with certainty that no one in Shinedown was a writer or contributor on the song. Under the law, the copyright to any song, both the lyrics and the music, belongs to the original creator, as in writer or writers.
Brent Smith admitted as much in an interview with DJ Buckethead on October 7, 2005, on Radio Station 101.1 in Orlando, Florida. To hear that interview click here: Brent Smith interview with Buckethead.
3AE singer dies in car crash
By William Dean Hinton and Jeffrey C. Billman
Christopher Rice, the 29-year-old vocalist for the recently formed rock band 3AE, died Sept. 6 in an early-morning, single-car accident on Old Cheney Road.
According to a traffic report, Rice's 1993 Honda was speeding eastbound when the car spun out of control and struck a utility pole, throwing him through the windshield. Emergency technicians declared Rice, who wasn't wearing a seat belt, dead at the scene.
Rice's death comes as 3AE, the brainchild of producer-songwriter-guitarist Tony Battaglia, was about to record its first album. The group signed a deal with RCA Records last month after auditioning for industry executives in California and New York. 3AE is expected to launch a national search for another frontman.
"We wanted nothing more than to succeed with Chris Rice," says Battaglia, who has worked with the Backstreet Boys, Mandy Moore, O-Town and other pop acts. "Chris was the voice that got us here. The songs are great. But if you don't have a talented singer, no record company wants to see you. Everything we have we owe to Chris' voice."
Rice made a name for himself as a wide-ranging vocalist with the Denizens, a radio-ready foursome that broke up several years ago. Rice brought the same hard-soft integrity to 3AE. "In the studio, you'll often have to do 50 takes to put together one track," says 3AE drummer Matt Brown. "With Chris, every take was a great one."
The day after Rice's death WTKS-FM (104.1) played a tribute for him. Guest DJ Tyson spun a remarkably prescient 3AE song titled "A Place Beyond the Sun."