Come Out and Play (song)
Encyclopedia
"Come Out and Play" is a song by the California
n punk rock
group The Offspring
. It is the seventh track on their third album Smash (1994) and was released as the first single from that album. The song was the second single to be released by the band, following "I'll Be Waiting/Blackball
" (1986). It is considered to be their breakthrough song, as it received widespread radio play, and reached number one on the Billboard Modern Rock Tracks
chart.
was created. The music video, directed by Darren Lavett
, was shot in May 1994 and debuted on MTV
in the summer of that year. The video is almost entirely in black-and-white
with sepia tone segments, and features the band performing the song in the garage of a house with tinfoil covering the walls. There is also footage involving dogs fighting over a chew toy with a crowd watching, as well as a horse race, sword fight and some clips of several snakes and snake charmers, as well as some fencing scenes.
owner Robbie Fields submitted a written claim to Epitaph Records via the Harry Fox Agency
, alleging that the two-bar Arabian guitar phrase repeated throughout "Come Out and Play" copied the guitar solo from "Bloodstains", a song by the Fullerton, California
punk rock band Agent Orange
written in 1979 to which Fields, as the song's publisher, owned the copyright. Dexter Holland had cited "Bloodstains" as one of the songs that sparked his interest in punk rock, saying it "really influenced me, especially that Arabian-sounding lead. I've written a lot of stuff like that", and The Offspring's public admiration had brought Agent Orange increased attention. Fields contended that the similarity between the two guitar parts amounted to The Offspring sampling
Agent Orange, and requested that Epitaph pay a licensing fee of for each copy of Smash sold—equating to $60,000 or more at the time—which he would split evenly with Agent Orange frontman and "Bloodstains" writer Mike Palm. A lawsuit was not filed, as Fields said "Nobody wants to pillory
anybody. But I feel I have a fiduciary duty to represent Mike Palm's interests." Palm declined to give an opinion on the matter, later noting that he was not involved in filing the claim but did not disagree with it, and invited listeners to compare the two songs, saying "Anyone who listens will know what the issue is."
The Offspring's manager Jim Guerinot called Fields' claim baseless, saying the two guitar parts were "not even close to identical. They're both in the same scale, [and] there's no doubt there's an influence, [but] it doesn't mean that it's stolen. If he feels he has something, he'll sue, and if we've done something that is proven wrong [by technical analysis of the two songs] we should be sued. But we don't feel there's any merit to it." Randall Wixen, the Offspring's music publisher, stated that a musicologist
hired by Epitaph determined the two guitar parts were not identical, despite being based in the same Middle Eastern scale. "We've told [Fields] a hundred times he's not getting paid. He's not getting a cent", Wixen said in 1996, stating that Fields and Palm would have to have to sue if they wished to pursue the claim. Although no lawsuit was ever filed, Palm maintained that he still deserved credit for the guitar riff: "I could show you interviews in which Dexter Holland outright admits that he took that riff from my song and used it in his song," he asserted in 2000, "In the rap world, when something like that is taken as a sample, they pay for it the same way I pay for guitar strings and picks." The claim became national news when The Offspring discussed it on MTV
, leading to a backlash against Palm: "Some punk kid's perception of that is to think that I'm the bad guy," he said, "but they don't understand that the Offspring are millionaires and I'm just trying to retain whatever little tiny thing is mine."
Some fellow Californian punk rock musicians criticized the allegation. Frank Agnew
, guitarist of fellow Fullerton band the Adolescents, remarked "I don't see how you can call that plagiarism; all it is is an Arabic scale. It just reeks to me [as if] people are after a piece of the pie. If the Offspring did a guitar solo that was reminiscent of one of my guitar solos, I'd be honored, not [antagonized]. I think it's real petty." The Vandals
, who were signed to Holland's label Nitro Records
, released the song "Aging Orange" on their 1996 album The Quickening
, with lyrics by bassist Joe Escalante
mocking Palm's claim to ownership of a style rooted in ancient Middle Eastern music:
Palm called the song "nothing but Joe's desperate attempt to brown-nose The Offspring", characterizing it as "lame and out of line. You think there was some ass-licking going on there?", sentiments echoed by Fields. Palm noted "Aging Orange" incorrectly implied he had sued The Offspring. Escalante, also an entertainment lawyer, said that Fields' and Palm's attempt to get money from Epitaph and The Offspring represented "the kind of crap I hate" in both the legal system and entertainment business, and that The Vandals—with their long tradition of satirizing things they perceived foolish within the punk scene—would have ridiculed the situation regardless of the parties involved. The Offspring later covered
"Bloodstains" for the soundtrack of the 2000 film Ready to Rumble
. "It's great that they recorded 'Bloodstains, said Palm, "but it doesn't help me personally. Sometimes I feel like an old black bluesman who got ripped off."
album. The music video also appears on the Complete Music Video Collection
DVD which was also released in 2005.
California
California is a state located on the West Coast of the United States. It is by far the most populous U.S. state, and the third-largest by land area...
n punk rock
Punk rock
Punk rock is a rock music genre that developed between 1974 and 1976 in the United States, the United Kingdom, and Australia. Rooted in garage rock and other forms of what is now known as protopunk music, punk rock bands eschewed perceived excesses of mainstream 1970s rock...
group The Offspring
The Offspring
The Offspring is an American punk rock band from Huntington Beach, California, formed in 1984. Known as Manic Subsidal until 1986, the band consists of lead vocalist and rhythm guitarist Dexter Holland, lead guitarist Kevin "Noodles" Wasserman, bassist Greg K. and drummer Pete Parada...
. It is the seventh track on their third album Smash (1994) and was released as the first single from that album. The song was the second single to be released by the band, following "I'll Be Waiting/Blackball
I'll Be Waiting/Blackball
"I'll Be Waiting"/Blackball" is the first release by punk rock band The Offspring. It was released as the 9th tracks on their debut self-titled album which was released in 1989 It was also the first single to be released by the band. The single was released in 1986, three years before the release...
" (1986). It is considered to be their breakthrough song, as it received widespread radio play, and reached number one on the Billboard Modern Rock Tracks
Modern Rock Tracks
Alternative Songs is a music chart in the United States that has appeared in Billboard magazine since September 10, 1988. It lists the 40 most-played songs on modern rock radio stations, most of which are alternative rock songs...
chart.
Music video
"Come Out and Play" was the first Offspring song for which a music videoMusic video
A music video or song video is a short film integrating a song and imagery, produced for promotional or artistic purposes. Modern music videos are primarily made and used as a marketing device intended to promote the sale of music recordings...
was created. The music video, directed by Darren Lavett
Darren Lavett
Darren J. Lavett is an American music video director, who directed videos for The Offspring, Bad Religion, Bush, Voodoo Glow Skulls, Claw Hammer, Testament and several other bands. He is probably best known for directing the videos of The Offspring's biggest hits "Come Out and Play" and "Self Esteem"...
, was shot in May 1994 and debuted on MTV
MTV
MTV, formerly an initialism of Music Television, is an American network based in New York City that launched on August 1, 1981. The original purpose of the channel was to play music videos guided by on-air hosts known as VJs....
in the summer of that year. The video is almost entirely in black-and-white
Black-and-white
Black-and-white, often abbreviated B/W or B&W, is a term referring to a number of monochrome forms in visual arts.Black-and-white as a description is also something of a misnomer, for in addition to black and white, most of these media included varying shades of gray...
with sepia tone segments, and features the band performing the song in the garage of a house with tinfoil covering the walls. There is also footage involving dogs fighting over a chew toy with a crowd watching, as well as a horse race, sword fight and some clips of several snakes and snake charmers, as well as some fencing scenes.
Comparison to "Bloodstains"
In 1994 Posh Boy RecordsPosh Boy Records
Posh Boy Records was a Hollywood, California based record label owned by Robbie Fields, a high school substitute teacher and former copyboy at the L A Times who took an interest in the emerging punk rock scene in Orange County, California during the late 1970s...
owner Robbie Fields submitted a written claim to Epitaph Records via the Harry Fox Agency
Harry Fox Agency
The Harry Fox Agency is the United States of America's largest agency collecting and distributing mechanical license fees on behalf of music publishers.-External links:*...
, alleging that the two-bar Arabian guitar phrase repeated throughout "Come Out and Play" copied the guitar solo from "Bloodstains", a song by the Fullerton, California
Fullerton, California
Fullerton is a city located in northern Orange County, California. As of the 2010 census, the city had a total population of 135,161.It was founded in 1887 by George and Edward Amerige and named for George H. Fullerton, who secured the land on behalf of the Atchison, Topeka and Santa Fe Railway...
punk rock band Agent Orange
Agent Orange (band)
Agent Orange is an American punk rock band formed in Orange County, California in 1979. The band is one of the first to mix punk rock with surf music. They first gained attention with their song "Bloodstains" which they released on their own 7" E.P. An early demo of the song was presented to...
written in 1979 to which Fields, as the song's publisher, owned the copyright. Dexter Holland had cited "Bloodstains" as one of the songs that sparked his interest in punk rock, saying it "really influenced me, especially that Arabian-sounding lead. I've written a lot of stuff like that", and The Offspring's public admiration had brought Agent Orange increased attention. Fields contended that the similarity between the two guitar parts amounted to The Offspring sampling
Sampling (music)
In music, sampling is the act of taking a portion, or sample, of one sound recording and reusing it as an instrument or a different sound recording of a song or piece. Sampling was originally developed by experimental musicians working with musique concrète and electroacoustic music, who physically...
Agent Orange, and requested that Epitaph pay a licensing fee of for each copy of Smash sold—equating to $60,000 or more at the time—which he would split evenly with Agent Orange frontman and "Bloodstains" writer Mike Palm. A lawsuit was not filed, as Fields said "Nobody wants to pillory
Pillory
The pillory was a device made of a wooden or metal framework erected on a post, with holes for securing the head and hands, formerly used for punishment by public humiliation and often further physical abuse, sometimes lethal...
anybody. But I feel I have a fiduciary duty to represent Mike Palm's interests." Palm declined to give an opinion on the matter, later noting that he was not involved in filing the claim but did not disagree with it, and invited listeners to compare the two songs, saying "Anyone who listens will know what the issue is."
The Offspring's manager Jim Guerinot called Fields' claim baseless, saying the two guitar parts were "not even close to identical. They're both in the same scale, [and] there's no doubt there's an influence, [but] it doesn't mean that it's stolen. If he feels he has something, he'll sue, and if we've done something that is proven wrong [by technical analysis of the two songs] we should be sued. But we don't feel there's any merit to it." Randall Wixen, the Offspring's music publisher, stated that a musicologist
Musicology
Musicology is the scholarly study of music. The word is used in narrow, broad and intermediate senses. In the narrow sense, musicology is confined to the music history of Western culture...
hired by Epitaph determined the two guitar parts were not identical, despite being based in the same Middle Eastern scale. "We've told [Fields] a hundred times he's not getting paid. He's not getting a cent", Wixen said in 1996, stating that Fields and Palm would have to have to sue if they wished to pursue the claim. Although no lawsuit was ever filed, Palm maintained that he still deserved credit for the guitar riff: "I could show you interviews in which Dexter Holland outright admits that he took that riff from my song and used it in his song," he asserted in 2000, "In the rap world, when something like that is taken as a sample, they pay for it the same way I pay for guitar strings and picks." The claim became national news when The Offspring discussed it on MTV
MTV
MTV, formerly an initialism of Music Television, is an American network based in New York City that launched on August 1, 1981. The original purpose of the channel was to play music videos guided by on-air hosts known as VJs....
, leading to a backlash against Palm: "Some punk kid's perception of that is to think that I'm the bad guy," he said, "but they don't understand that the Offspring are millionaires and I'm just trying to retain whatever little tiny thing is mine."
Some fellow Californian punk rock musicians criticized the allegation. Frank Agnew
Frank Agnew
Frank Agnew is an American guitarist, best known for being a member of punk band The Adolescents.Agnew joined The Adolescents in 1980 after leaving Social Distortion. He left when The Adolescents broke up in the summer of 1981, and joined the band Legal Weapon with Steve, and then played with TSOL...
, guitarist of fellow Fullerton band the Adolescents, remarked "I don't see how you can call that plagiarism; all it is is an Arabic scale. It just reeks to me [as if] people are after a piece of the pie. If the Offspring did a guitar solo that was reminiscent of one of my guitar solos, I'd be honored, not [antagonized]. I think it's real petty." The Vandals
The Vandals
The Vandals are an American rock band established in 1980 in Huntington Beach, California. They have released ten full-length studio albums and two live albums and have toured the world extensively, including performances on the Vans Warped Tour...
, who were signed to Holland's label Nitro Records
Nitro Records
Nitro Records is an independent record label created and owned by Dexter Holland and Greg Kriesel . They started the label in 1994. The label is famous for being an incubator for punk rock artists who have subsequently become successful, most notably AFI...
, released the song "Aging Orange" on their 1996 album The Quickening
The Quickening
The Quickening is the fifth studio album by the southern California punk rock band The Vandals, released in 1996 by Nitro Records. Much of the album is characterized by themes of nihilism and anarchism, but presented with the tongue-in-cheek humor for which the band is known.Both the band and the...
, with lyrics by bassist Joe Escalante
Joe Escalante
Joseph Patrick "Joe" Escalante is an American musician, record label owner, radio host, film and music video director, and amateur matador, as well as a former television executive and entertainment lawyer...
mocking Palm's claim to ownership of a style rooted in ancient Middle Eastern music:
Back in ancient Egypt many pharoahs went to jail
For misappropriation of my Phrygian scalePhrygian modeThe Phrygian mode can refer to three different musical modes: the ancient Greek tonos or harmonia sometimes called Phrygian, formed on a particular set octave species or scales; the Medieval Phrygian mode, and the modern conception of the Phrygian mode as a diatonic scale, based on the latter...
I said "Listen, TutankhamunTutankhamunTutankhamun , Egyptian , ; approx. 1341 BC – 1323 BC) was an Egyptian pharaoh of the 18th dynasty , during the period of Egyptian history known as the New Kingdom...
, you're driving me insane
It's obvious those bellies are all dancing to 'Bloodstains'
I figured out you owe me, and please try not to laugh
But every time I hear it, I get one more golden calf"
Palm called the song "nothing but Joe's desperate attempt to brown-nose The Offspring", characterizing it as "lame and out of line. You think there was some ass-licking going on there?", sentiments echoed by Fields. Palm noted "Aging Orange" incorrectly implied he had sued The Offspring. Escalante, also an entertainment lawyer, said that Fields' and Palm's attempt to get money from Epitaph and The Offspring represented "the kind of crap I hate" in both the legal system and entertainment business, and that The Vandals—with their long tradition of satirizing things they perceived foolish within the punk scene—would have ridiculed the situation regardless of the parties involved. The Offspring later covered
Cover version
In popular music, a cover version or cover song, or simply cover, is a new performance or recording of a contemporary or previously recorded, commercially released song or popular song...
"Bloodstains" for the soundtrack of the 2000 film Ready to Rumble
Ready to Rumble
Ready to Rumble is a 2000 American comedy film directed by Brian Robbins and written by Steven Brill, which is based on Turner Broadcasting's now defunct professional wrestling promotion, World Championship Wrestling...
. "It's great that they recorded 'Bloodstains, said Palm, "but it doesn't help me personally. Sometimes I feel like an old black bluesman who got ripped off."
Alternative versions
- The OffspringThe OffspringThe Offspring is an American punk rock band from Huntington Beach, California, formed in 1984. Known as Manic Subsidal until 1986, the band consists of lead vocalist and rhythm guitarist Dexter Holland, lead guitarist Kevin "Noodles" Wasserman, bassist Greg K. and drummer Pete Parada...
themselves made a middle-eastern styled instrumental version of the song. It can be heard as a hidden track at the end of Smash as well as on the "Come Out and Play" singleSingle (music)In music, a single or record single is a type of release, typically a recording of fewer tracks than an LP or a CD. This can be released for sale to the public in a variety of different formats. In most cases, the single is a song that is released separately from an album, but it can still appear...
. - Professional wrestler RavenScott LevyScott Anthony Levy , better known by his ring name Raven, is an American professional wrestler, wrestling producer, wrestling writer, and occasional author and actor currently working for Juggalo Championship Wrestling , where he is co-holder of the JCW Tag Team Championship, as well as other...
used the song as his entrance music his ECWExtreme Championship WrestlingExtreme Championship Wrestling was a professional wrestling promotion that was founded in Philadelphia, Pennsylvania in 1992 by Tod Gordon and closed when his successor, Paul Heyman, declared bankruptcy in April 2001...
run, then various knockoffs and sound-alikes in companies afterward. - This song was covered by Richard CheeseRichard Cheese and Lounge Against the MachineMark Jonathan Davis , known by his stage name Richard Cheese, is an American musician and comedian. He was born in New York...
on his 20002000 in musicSee also:* 2000 in music Record labels established in 2000-Events:*January – Gary Glitter is released from jail, two months before his sentence for sexual offences ends.*January 1**John Tavener is knighted in the New Year's Honours List....
album, Lounge Against the Machine and again released on the 20062006 in musicThis is a list of notable events in music that took place in the year 2006.-January:*January 10 – Eric Burdon releases his album Soul of a Man and begins touring with a new band....
album, The Sunny Side of the MoonThe Sunny Side of the Moon: The Best of Richard CheeseThe Sunny Side of the Moon: The Best of Richard Cheese is the fifth album from Richard Cheese, released February 7, 2006. The album title and artwork are spoofs on Pink Floyd's album, The Dark Side of the Moon as well as the jazz standard On the Sunny Side of the Street...
. - The song is also played on wind instruments in the movie Click.
- Four parodies of the song were made. "Keep Her Penetrated" by BlowflyBlowfly (artist)Blowfly is the stage name and alternate persona of Clarence Reid , who was a songwriter for many hit R&B acts in the 1960s and 1970s. As Blowfly, he has recorded numerous albums, mostly of sex-based parodies of other songs, as well as original raps themed around sex...
, "Come Out and Pray" by ApologetiXApologetiXApologetiX is a Christian parody band from Pittsburgh, Pennsylvania, USA. The band was founded in 1992, and since then, has played in 44 states, released 17 studio albums, and built up a fan club that includes 45,000 people. The band is currently composed of J...
, "Wrong Foot Amputated" by Bob RiversBob RiversBob Rivers is a well-known American rock and roll radio on air personality in the Pacific Northwest as well as a prolific producer of parody songs, most famous for his Christmas song parodies....
(often mistakenly credited to "Weird Al" Yankovic"Weird Al" YankovicAlfred Matthew "Weird Al" Yankovic is an American singer-songwriter, music producer, accordionist, actor, comedian, writer, satirist, and parodist. Yankovic is known for his humorous songs that make light of popular culture and that often parody specific songs by contemporary musical acts...
), and "Laundry Day" which actually is by "Weird Al" Yankovic, and was written for his Bad Hair DayBad Hair DayBad Hair Day is the 9th studio album by "Weird Al" Yankovic, released in 1996. This album was the third studio album self-produced by Yankovic. The musical styles on Bad Hair Day are built around parodies and pastiches pop and rock music of the mid 1990s, targeting alternative rock and hip-hop...
tour. The song is officially unreleased, however several recordings from live concertsConcertA concert is a live performance before an audience. The performance may be by a single musician, sometimes then called a recital, or by a musical ensemble, such as an orchestra, a choir, or a musical band...
have surfaced. - A master track of this song is featured in the video games Rock Band 2Rock Band 2Rock Band 2 is a music video game developed by Harmonix Music Systems. It is the sequel to Rock Band and is the second title in the series. The game allows up to four players to simulate the performance of popular songs by playing with controllers modeled after musical instruments...
and Rock Band UnpluggedRock Band UnpluggedRock Band Unplugged is an expansion of the Rock Band series of music video games released for the PlayStation Portable. The game is developed by Backbone Entertainment in conjunction with Harmonix Music Systems and is distributed by MTV Games and Electronic Arts...
.
Alternate appearances
As well as appearing on Smash, the song also appears as the second track on their 2005 Greatest HitsGreatest Hits (The Offspring album)
-International bonus tracks:*On each edition, "Next to You" appears as a hidden track on track 15.-DualDisc edition:The DualDisc edition of the album has the standard 14 track album on the CD side...
album. The music video also appears on the Complete Music Video Collection
Complete Music Video Collection
Complete Music Video Collection is an extensive DVD by The Offspring. It was created to accompany the "Greatest Hits" CD released a month earlier, and shows all of the band's videos between 1994 and 2005...
DVD which was also released in 2005.
CD and 10" vinyl issue release
7" Single release
Chart performances
| Chart (1994/95) | Peak position |
|---|---|
| Australian ARIA Singles Chart | 8 |
| Canadian Top Singles Chart | 43 |
| Dutch Mega Top 100 | 32 |
| French SNEP Singles Chart | 14 |
| Swedish Singles Chart | 23 |
| U.S. Billboard Hot Mainstream Rock Tracks | 10 |
| U.S. Billboard Hot Modern Rock Tracks | 1 |
| U.S. Billboard Top 40 Mainstream | 39 |
| End of year chart (1995) | Position |
|---|---|
| French Singles Chart | 69 |
External links
- [ Song review], Allmusic