Former DOPE/PRIMER 55 Drummer Claims GODSMACK Stole His Song

Nick Belardes of ABC23 reports that former DOPE/PRIMER 55 drummer Preston Nash — who currently works as a radio shock jock for Bakersfield, California's 1560 KNZR — claims the GODSMACK song "The Enemy" (audio),which appears on the band's 2006 album "IV", sounds like a jingle he created (audio) for a radio DJ in 2004.

Just how close do the two songs match up? Nash wrote in a recent blog post on Bakotopia.com that the songs are in the "same tempo, key, have the same accents, etc., to the point where I could take the segments in question and put them together and they line up perfectly." (Listen to GODSMACK and Nash songs overlaid into one track.)

Nick Belardes of ABC23 listened to both song tracks and was convinced enough to appear on KNZR 1560 to discuss the controversy with Preston Nash. (Listen to the audio of ABC23 on "Ralph Bailey Show" talking about the Nash controversy.)

One of the first places Nash discussed the GODSMACK/radio jingle controversy was on Bakotopia.com. Belardes caught up with Bakotopia Product Manager Matt Munoz, also a longtime musician, to discuss the matter.

"Listening to both of those songs, there are some distinct obvious similarities," said Munoz.

Munoz said that such cases are difficult to win. He mentioned that what sets this case apart from others is that Nash crossed paths with one or more members of GODSMACK, so there might have been opportunity for GODSMACK to have heard the song.

According to Nash, GODSMACK also phoned in more than once to his wife Rocky Nash's radio program, which allowed further opportunities for GODSMACK members to hear the possibly copied jingle.

Munoz added that maybe there are such coincidences. "There's only so many riffs to go around," he said. "How many times have people ripped off a Bo Diddley riff?"

According to Nash, his "Hammer" song began airplay on both commercial radio and the Internet two years before GODSMACK released "The Enemy".

Nash, who works with Jaz McKay and Ralph Bailey on their 1560 KNZR radio shows, is an expert at creating music jingles. Over the past four years, Nash has been creating music ditties for other radio personalities, including the Bakersfield Condors as he's always looking for a great way to put his commercial music talents to use.

In the summer of 2004, Nash created a jingle for a personality named Hammer. "Hammer", the song, aired at the beginning of August 2004 on Real Rock 93.1 in Bakersfield.

When Hammer switched stations to KRAB 106.1, the jingle followed. According to Nash, the song was also on the KRAB Web site for a year until Hammer finally moved to Idaho in the fall of 2006.

The song was also used during what Nash considered his "own rock-jock thing" both in Bakersfield and in Riverside at 96.7 KCAL from November 2004 to March 2005.

Though Nash said he can't afford a lawyer, he really just wants some peace of mind.

Nash said to ABC23, "The chance is there that they heard it. I would just like to be able to sit down with them and say, 'Listen to this and what are your thoughts?' And if they say it's a coincidence, then, whatever, I don't think it is."

Watch a short video clip of ABC23's Nick Belardes talking to Preston Nash about the GODSMACK song controversy: