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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?
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.
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.
You Stole 2% Of My Song - Now Give Me 50% Of Your Song. (That's How We Count 'Round Here.)
1. Listen to the Black Crowes' song: Jealous Again2. Listen to Gretchen Wilson's song: Work Hard, Play Harder3. Did you hear anything similar between Jealous Again and Work Hard, Play Harder ?4. Verse 1, verse 2 and verse 3 of Jealous Again open with the same simple melody: 3-5-3-2-1-6.
Do these parts of Alicia Keys' "Girl On Fire" remind you of another song?
There are six (6) places in "Girl On Fire" in which Alicia Keys sings, "Oh oh oh oh oh." Listen to the Alicia Keys "Girl On Fire" and especially these six sections.0.35 oh oh oh oh oh1.39 oh oh oh oh oh2.54 oh oh oh oh oh3.04 oh oh oh oh oh3.15 oh oh oh oh oh3.25 oh oh oh oh ohDo these five (5)-note melodic excerpts, that are heard six (6) times in "Girl On Fire," remind you of another song? As I mentioned, the song to which I am referring was a very big hit that appeared in a very big 1980's hit film. If you recognize the song, do you think there is a potential copyright problem?
Best Chord Ever - Part 1 - The Beatles "All I've Got To Do"
Listen to the first sounds, i.e., the first chord, in this Beatles song:Beatles - All I've Got To DoThe chord has no business being here. Or in any pop song. Could this chord be heard in jazz? I don't think Ornette Coleman would use this chord. I don't think Thelonious Monk would have either. Cecil Taylor? Maybe Cecil Taylor would use it. Early Weather Report? Yes, maybe. I could imagine this chord/hear this chord in "Vertical Invader" from side 2, song 1 of Weather Report's second album, I Sing The Body Electric. The Rolling Stones, Aerosmith, Eminem and Kanye - nope, they wouldn't use it. The Beatles used it. Once and only once. The chord is used only at the opening. Never again in any Beatles song. Not in outtakes, bootlegs. Nowhere.
¡Cubanismo! at The Exit/In, Caetano Veloso, Café Tacuba & Music of The Americas
Perhaps it is best that in 2012 the entire hemisphere is called THE AMERICAS, mostly to make things less messy when it comes to division via land mass.* * * * * * * *To the simple point of this post - three (3) great songs from The Americas (the Americas situated south of continental U.S.) that feature * copyrightable introductions. *B R A Z I L, C U B A, M E X I C O
Copyrightable Introductions - Willie Nelson, The Roots, Oingo Boingo, Beach Boys, Desert Rose Band, Beatles
I want to go in the opposite direction from the last two posts - from introductions that are not very copyrightable to those that are very copyrightable. These are introductions that feature substantive musical expression, not the kind that is often associated with introductions. Again, these subjects - copyrightable intros and uncopyrightable intros - came up during this blogging process. I'm very glad they did as I now have more fun topics to explore.
When Is A Musical Introduction Copyrightable? Katy Perry, White Zombie, The Pixies, Neil Young, Isaac Hayes
I thought I would start to listen more carefully and analyze introductions to songs to find the least and most COPYRIGHTABLE introductions, as well as the "in-between" introductions, i.e., introductions that would exhibit some copyrightable elements. I believe that there is a sliding scale of copyright protection - that some introductions are not copyrightable as musical compositions, some slightly so, some more so, and some extremely so. The length of the excerpt, both in terms of temporal length as well as number of attacks and/or articulations, as well as its originality would also be factors used in determining how copyright protection should be afforded an introduction.
How NOT To Write A Hit Song (Pt. 3/3), Ernő Rubik, Bob Dylan, Iannis Xenakis, Whitfield & Strong
Do you think the eleven (11) constructs/stipulations are good advice for a songwriter? For a composer? (What’s the difference between a songwriter and a composer? This is a question to be explored in future posts.)Could you write a a great piece of music following these eleven (11) points?If you wrote a song that followed these exact eleven (11) stipulations, would you be infringing copyright? That's an enormous question and one that could lead to debate, certainty, uncertainty, anxiety, anger or confusion. Of that, I am certain. If you'd like, please start off that discussion below. I promise I can add to whatever discussion begins. :-)I expect that an attorney in the future will ask me this specific question at a deposition. (Rather than answer this question now, I'll leave it in this post just to annoy an attorney or two. I have also inserted a few statements in previous posts to see if attorneys or their paralegals are paying attention. This includes a factual omission I'm almost certain they'll never catch - smile smile!)
How NOT To Write Great Music - Part 1
How do we create music? What are the best and worst ways to create music? Is it possible to answer these questions? I try to answer them in my own life and will begin a discussion with this post. So, here goes. I hope that the end result is laudable. I know the answer/end point and will concoct this path to get to the end. The way I'll approach these particular posts is to examine what NOT to do. By examining what NOT to do, we might better deduce what TO DO.
Unfair Competition, Election Night 2012, Swimming at 57 F / 41 F
An example of unfair competition would occur if an unknown musician, or any non-Beatle, released an album of 13 supposedly original songs, whose titles, in order, were:“Sgt. Pepper’s Lonely Hearts Club Band”“With A Little Help From My Friends”“Lucy In The Sky With Diamonds”“Getting Better”“Fixing A Hole”“She’s Leaving Home”“Being For The Benefit Of Mr. Kite”“Within You Without You”“When I’m Sixty-Four”“Lovely Rita”“Good Morning Good Morning”“Sgt. Pepper’s Lonely Hearts Club Band (Reprise)”“A Day In The Life”
Did Big Happens Here Do Digable Planets?
I know that many traditional jazz players, especially in the early and mid-1980's, would not likely latch on to a short phrase, repeat it many times and make this small and almost "throw away" motif into something big. This tiny melodic gesture, in the hands of an outsider (with respect to a musical tradition), could become the most important part of the melody, or sometimes the only melody that matters to someone from outside of that tradition. This "how does a foreigner view our music" idea is one I will explore later. I'll include myself in this - how and why did I get into hip hop, or Senegalese, Malagasy, Brazilian or Cuban music.All of this to get back to that famous Digable Planets song that samples some jazz.