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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.
Ministry of Sound v. Spotify setlists, and Madness in Parrots
Ministry of Sound's attorneys are bored and need something to doThis is one of the most absurd lawsuits I have ever seen. Ministry of Sound want only THEIR set list(s) to be the set lists that can be accessed when listeners are on Spotify. You can't have your own. Forbidden. Verboten. Our words were etched into tablets received by Charlton Heston. Don't mess with them.
Fair Use, the 2-line rule & my heart tells me it's real
"Fair Use." Fair use is not silly - it's essential. Fair use is the use a copyrighted work (or more than one) without the author's permission. It's what we were forced to do in the American education system. It's not enough that we spouted our views - we needed to COPY and quote others' views as well, and it was unthinkable that we'd go to the trouble of writing to a book publisher to ask for permission, for example, to COPY a few sentences/paragraph from an author and insert it into our original work. This new original work by a student was usually a paper that had to be handed in to a teacher to fulfill an assignment. Asking for permission would take too long. Proper attribution (and copyright notice) for an academic assignment is usually considered a good reason to violate/break/pillage the "Copyright Law of the United States and Related Laws..."
Robin Thicke "Blurred Lines" v. Marvin Gaye "Got To Give It Up" - My Interview with the Canadian Broadcasting Corporation - "Day 6"
From the CBC interview: "To help us understand what it would take to prove that Blurred Lines rips off Got To Give It Up in a court of law, we’re joined by musicologist and law professor Dr. E. Michael Harrington who has served as a consultant and expert witness in copyright cases involving everyone from the Dixie Chicks, Lady Gaga to Woody Guthrie. He joins us from Birmingham, Alabama."
My Rotary Talk & The Confluence of Music, Technology, Business and Law
Because I was asked to speak at the ROTARY, I assumed the topic of business would be pertinent. And because I am a musician, I am well aware of how important business is. And because I am a musician, I know that technology is present in every second of expression, and musical expression. And because my life has taken me into copyright law, I've learned that copyright law is also present at every moment of expression - public expression.
Joe Escalante Will Interview Me Today About Robin Thicke v. Marvin Gaye
From the letter I wrote in response to an attorney's letter to me:I agree with you that Marvin Gaye’s “groove” and “bounce” were “quite original.” But are there any music copyright infringement lawsuits in which “groove” and/or “bounce” (aside from sampling/sound recording copyright issues) were held to be copyrightable expression? Is there an agreed upon/standard definition of “groove” or “bounce” in any case law?Can you cite for me a successful music composition (not sound recording, but music composition) copyright infringement lawsuit in which plaintiffs have prevailed when there was NO copying of MELODY, harmony or rhythm? Objectively, there is NO protectable expression (melody, harmony, etc.) that has been copied by Thicke.
Good News for Robin, Katy & One Direction: Music Copyright Expert Says Nobody's Ripping Off Anybody
Hey music fans: it's time to stop accusing artists of ripping off other artists. Because according to an expert in music copyright law, nobody really has a case.Exhibit #1: Robin Thicke's "Blurred Lines." Robin and his co-writers just went to court to to establish that "Blurred Lines" doesn't rip off two particular songs: Marvin Gaye's "Got to Give It Up. Pt.1" and "Sexy Ways," by the group Funkadelic. But let's say Robin was to get sued anyway. Would he lose? Music copyright law professor Dr. E. Michael Harrington says no.
My Favorite 9 Minutes of George Duke - Did A Vehicle Did A Vehicle Did A Vehicle
Yesterday, August 6, 2013, I learned that George Duke had died. George Duke, to me, was a mythical character. I loved so much of his playing and singing, and I couldn't figure him out because of his great diversity and depth. He was a great pianist, keyboardist, singer, band leader, sideman, creator, performer, improvisor, persona and, according to so many who knew him, wonderful and kind man. By "persona," I am referring to George Duke as an actor, and by "actor" I mean "live musician on stage with Frank Zappa." In addition to being a musician in any of Frank Zappa's bands over the decades, one had to be able to act. One had a persona and maybe a changing persona over time.
Yesterday, Another Day, John Lennon Fires & Ends The War on Paul
Unlike Paul McCartney in Too Many People, John Lennon in How Do You Sleep? is blunt and direct with no room left for subtlety or interpretation. John brings on the blunt immediately beginning with the word, "so," as if the conversation had been ongoing - John had been in the room already letting Paul have the benefit of his wisdom.So, Sgt. Pepper took you by surpriseYou better see right through that mother's eyesThose freaks was right when they said you was dead
Piece of cake, copulating beetles & Paul McCartney attacks John Lennon
McCartney, perhaps in a brief effort to ameliorate some of the pain he may have caused Lennon (the guy who was lucky to have been a Beatle), might be assigning blame for the legal and financial problems that the Beatles experienced near the end of their time as Beatles (the death of Beatles manager Brian Epstein and the hazards of new management, the establishment and serious problems of future Beatles' management, the dissolution of the Beatles, etc.) to business managers and lawyers "breaching practices."
Who's tripping down the streets of the city? Robin Thicke?
8 Questions raised in the previous post now answered:1. If Artist B copied a less-than-2-second phrase from Artist A (that when repeated in Artist A's song amounted to 2% of Artist A's song), should Artist A be entitled to 50% of Artist B's profits?Answer: NO2. Is awarding 50% of Artist B's copyright to Artist A sufficient recompense for the copy of 2% of Artist A's copyright?
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.
Did Gretchen Wilson infringe the Black Crowes?
Why should this happen? Can someone simply assert that you, the Songwriter, have stolen someone else's music? Does the fact that someone alleges theft make it a theft? Are you guilty because someone with more (A) power, (B) influence or (C) money (A, B, C, A+B, A+C, B+C, A+B+C) asserts so? Does that more powerful person have any alternate and/or better idea(s)? Has that more powerful person investigated other solutions? What can you, the Songwriter, do? Do you admit to the "facts" with which you have been confronted? Is there a loved one, friend or family member who can help? Do you need emotional help? Do you need financial help? Do you need legal help? Do you need MUSICAL help? Or do you need every kind of help just mentioned and more?
The Amorphidity of the Organic Internet, Christian Tiger School, Tom Jones & Crosby, Stills, Nash & Young Singing A Song of Paranoia
This performance of Tom Jones with CSN & Y was new to me but my respect for Tom Jones was boosted post-1960's as I learned of Tom Jones' friendship, collaboration and/or work with other artists including The Chieftains, Frank Zappa and Janis Joplin. I have enormous respect for Tom Jones, the superb, creative and original musical artist.
"The phone is at the forefront of the future"
The biggest and most hyped music news of July 2013 seems to be the new alliance between Jay-Z and Samsung. This deal is very good for Jay-Z as Samsung has bought 1 million copies of Jay-Z's new album, Magna Carta Holy Grail. (Warning - Magna Carta Holy Grail begins with Justin Timberlake singing. And he's singing in a very high register. This is a hip hop album? A hip hop album that does not begin with a skit?) Jay-Z received $5 million for the 1 million copies. Magna Carta Holy Grail will be free for the first 1 million Samsung phone users who download the app.Articles about the Jay-Z/Samsung alliance are found in...
Loathing, Litigating & Legislating; Adventures in Piracy & Final Thoughts about 2013 New Music Seminar
Trends in digital music were examined from these three (3) perspectives: Social networks, BitTorrent trends and What Drives Sales. Fortunately at this event in New York City, accounts of BitTorrent usage were dispassionate and objective unlike in the past, in cities that were not named, "New York," when speaker after speaker merely railed about the evils of the Internet, technology and BitTorrents. Surprisingly, railing against the Internet, technology and BitTorrents is still expected and favored in some circles.
Managing Music Artists - My Tweets from 2013 NMS
I have found the study of technology, social media, mobile devices, and communication, as well as the business and legal issues surrounding these nouns, much more helpful in understanding the present state of the music and entertainment industry. I've always believed that outsiders bring more objectivity, creativity and original thinking and actions to a field. Famously, it took an outsider, Steve Jobs, to show how a digital music market should work.
State of the Music Industry - My Tweets from 2013 NMS
On Monday, June 10, 2013, I attended the first full day of the 2013 New Music Seminar. I brought my iPhone 5 and my iPad. I had not planned on tweeting the event or even one panel but things changed and I started to tweet...I have a strong bias toward the non-music companies and how they use and promote music as well as how they better engage with their customers via music, video and mobile. Music conferences need to have a strong non-music component. In fact, the non-music companies shouldn't really be called "non-music," should they?
State of the Music Industry (and then there are data plans)
The New Music Seminar is a conference that attempts to show what's going on in the present-day music industry - not what certain parties WISH was going on, or LONG FOR what HAD BEEN going on, or pontificate about what SHOULD BE going on. NMS, like a few other conferences, aspires to SAY or REFLECT what's going on and where things are likely, or could be, headed.30. Technology threatens business as usual until it becomes business as usual.31. Music and the arts have always intersected with law, business, technology and communication. It has always been this way. It will always be this way. (forever and ever)32. The Internet is your friend. Walk away from those who fear the Internet and technology. Fear them (no, pity, educate and then ignore them) and not the Internet.