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Is There More Copyright Infringement In Pinterest Or Led Zeppelin II? My DMCA Takedown
I received two (2) identical emails this week from Pinterest. They were very professional, respectful and kindly. Because the emails were in accordance with the Digital Millennium Copyright Act, one shouldn't expect adjectives such as professional, respectful and kindly but they were. I guess that's just how Pinterest is - the kinder, gentler hub for copyright infringement. The softer side of federal law enforcement.
Why 10 Ft Ganja Plant, Gibson Brothers, Booth Brothers & James Ingram Should Sue Rick Ross For Copyright Infringement
Today we turn the tables and illustrate a few recordings released prior to Rick Ross' Hustlin' (2006) which also feature the lyric, "Everyday I''m." Using the soft and breezy music of The Gibson Brothers, gospel music of The Booth Brothers, the cannabis reggae-tinged music of 10 Ft. Ganja Plant and the sexy love stylings of James Ingram we will turn the tables on Rick Ross and illustrate why Rick Ross can be sued for copyright infringement.
Will Rick Ross Sue Other Artists For Copyright Infringement?
Using a minuscule degree of evidence and logic similar to that used to sue LMFAO, it would follow that Rick Ross could initiate three (3) more copyright infringement lawsuits - against Maysa, Jeremy Fisher and Little Big. This post examines these absurd possibilities.
A Copyright Infringement Lawsuit Over 2 Words - "Everyday I'm"
Rick Ross' lawsuit against LMFAO is ridiculous and one of the most foolish I've seen. Welcome to Part 1 of my thoughts. I spoke about this briefly at the Harvard Law School recently. Unsurprisingly, no one voiced support for the Plaintiff in this stupidity.
Making Music Make Sense; Making Music Make Evidence
How do we make music make sense or make music make evidence? What will best convey the message, i.e., make the evidence most effective? What is/are the most important factor(s) in making the message understandable and persuasive to listeners, jury, judge, students and audience?
Putting It My Way But Nicely - There Should Be No More Lawsuits...
This is my 100th post and will be the 5th and final post/adventure about the short 3-4-5-8 melody used in music of many composers and songwriters from 1730-2013 (Sebastian Bach to Sebastian Mikael), and the copyright issues surrounding this melodic gesture. In this post I will state my opinion about the matter discussed in previous posts about 3-4-5-8 and provide links to the music of Bach, Badfinger, The Beatles, Toby Keith, Sebastian Mikael, Rodgers & Hammerstein, The Rolling Stones and XTC.
Should The Rolling Stones Sue Badfinger?
Should The Rolling Stones sue Badfinger over the 3-4-5-8 melody that was so prominent in their Street Fighting Man and so prominent in Badfinger's Come And Get It? As I've stated before, there are music copyright infringement lawsuits in the courts in 2014 that involve NO melodic similarity. So what do you think should happen in this instance?
Should Badfinger Sue XTC?
Does XTC's Then She Appeared (1992) infringe the copyright of Badfinger's Come And Get It (1970)? Are four (4) prominent and clearly-heard notes in common between songs reason enough to instigate a copyright infringement lawsuit?
Too Many Frivolous Music Copyright Infringement Lawsuits
If a consultant/expert ALWAYS sides with the side that approaches her/him, that consultant/expert is considered by some to be a hired gun. When a consultant/expert turns down the person/side approaching her/him, the consultant/expert is turning down employment. Some will credit a person who can say "no" to money as having some virtue. That person can have virtue but will not have income stemming from virtue or that potential source of income.
Should XTC Sue Toby Keith?
XTC's Then She Appeared (1992) is a song written and recorded almost twenty (20) years before Toby Keith's Red Solo Cup (2011). It also prominently features the 3-4-5-8 melody. The 3-4-5-8 is the opening vocal and the hook throughout the entire song. Are four (4) prominent and clearly-heard notes in common between songs reason enough to instigate a copyright infringement lawsuit? Should XTC sue Toby Keith for copyright infringement?
Should Toby Keith Sue Sebastian Mikael?
Are four (4) prominent and clearly-heard notes in common between songs reason enough to instigate a copyright infringement lawsuit? One answer could be found in comparing this hypothetical (or not) Toby Keith v. Sebastian Mikael copyright infringement case to the actual Marvin Gaye v. Robin Thicke copyright infringement case in which NO notes were in common between the songs. If one can sue when the similarity is only STYLE and NOT melody, surely one can sue when the similarity is MELODY.
Tracing The Origins Of Blues Songs: Culture Or Copying?
Many songs' origins can be traced to earlier sources and often specific authorship, or authorship as a mighty fortress that had to exert its mighty power, was a foreign concept. Ideas and the expressions of ideas are often regarded as benevolent entities and means by which a society builds its culture.
Dr. Dre Should Have Hired Me
The moral of the story below? Not hiring me can cost money. Dr. Dre hired a musicologist for an opinion on whether he could use a bass line from another song, one that Dr. Dre had not composed. That expert told Dr. Dre that the bass line was not original and therefore Dr. Dre was free to use it. I would have told Dr. Dre that that bass line WAS original and that Dr. Dre should NOT use it. But, Dr. Dre did not consult with me. Dr. Dre took the advice of a different expert witness and it cost him $1.5 million.
Music Discovery
I have added a new category to www.emichaelmusic.com. "Music Discovery" will feature music which I know, from a few minutes or a few decades ago, that I find intriguing, inspiring, innovative, beautiful, novel or just cool, and for which I want to advocate.
Copying & Using Lyrics As Lyrics, Names Of Bands, Magazines & Organizations
I want to mention and briefly discuss the copying of lyrics.Many questions can arise pertaining to the copying of lyrics, questions that can be extremely wide-ranging. For this space today, I am mostly concerned with identifying a few examples of copying that I find constructive, reconstructive and progressive, i.e., these examples of copying do not infringe copyright or constitute laziness on the part of the new author/creator.Why are lyrics copied? Are lyrics copied for some of the same reasons that music is copied? I will pose a few possible answers as to why lyrics are copied:
Wiz Khalifa's Black & Yellow Does Not Infringe The Copyright of Pink & Yellow by Maxamillion
Lawyers who are considering filing a music copyright infringement lawsuit should consult someone with expertise in the field of music. I have passed for having "expertise," and U. S. district courts have called me an "expert." When I deal with issues outside of my field, I call on experts. The best lawyers call on experts because the lawyers know that their expertise does not extend to other non-legal areas, especially one such as music that requires so many years of specialization.These lawyers wanted me to agree with their assertion that Wiz Khalifa had infringed the copyright of Maxamillion. They came to me for my expertise. They paid me for my expertise and expert opinion but as soon as they received my expert opinion, they argued with me about my findings.
In Phoenix Before The Dust Storm, the Birthday of EMichaelMusic.com & John Lennon & Listen to Moses
Today I am in Phoenix, Arizona to speak to NARIP about my work in music copyright/IP, publishing and advertising, and to spout and rant too. My 3-hour interactive lecture to NARIP will take place on Wednesday, October 9, 2013 at Paradise Valley Community College. I've been referring this college as Paradise. I like to abbreviate names sometimes especially when the abbreviated name seems appropriate - this area is really beautiful!I'll also discuss digital issues and possibly the fair and essential use of sampling as well. By essential use of sampling, I am referring to situations when one MUST sample without permission in order to create a PARODY.
Fair Use and Copyright Abuse - My AIMP Talk Is SOLD OUT. Scalpers? Buehler?
Copying someone else's expression is allowed. Perhaps it is more accurate to state it this way: Copying someone else's expression is possible. Is permissible. Can happen. Can happen without negative consequences. (Fair use can mean that one has the right to hire expensive attorneys to fight back against a plaintiff's assertion that you have infringed her copyright. The "without negative consequences" is initially a theory - it often takes time, money, attorneys and experts to negate the "negative consequences.")
Buddy Holly stutters. John Lennon stutters. Are their stutters copyrightable expression?
Is a stutter unmusical? Could something as unmusical as a stutter be subject to copyright protection? If a stutter is sung, is it more likely to be musical? If a stutter is musical, is it more likely copyrightable? Could "stutter" be simply a stutter, or a well-crafted, complex vocal articulation that is musical, difficult to reproduce and original expression that is subject to copyright protection?
Why do musicians borrow (from other musicians)?
For many, linking one of these four words - composer, creator, author, songwriter - to a musician might be an enormous leap of faith, and an assignment of talent, creativity and intelligence that all musicians do not, by default, possess. I disagree and feel that a performer has to add original expression to every musical performance especially if the music being performed is notated. This is because notation (in every system from every country I have studied) always requires at the very least a modicum of interpretation, and interpretation requires intentional creating, composing or authoring.