Blog
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.
The Beatles - 21 Songs For 7 Reasons
To continue from the last post - humanists will still want to save the world with “All You Need Is Love,” “Let It Be,” and “The Word,” optimists will be optimistic with “Good Day Sunshine,” “It’s Getting Better,” and “Here Comes The Sun,” lovers of love songs will sing “If I Fell,” “And I Love Her,” and “I Will,” community activists will be inspired by “With A Little Help From My Friends,” “We Can Work it Out,” and “All Together Now,” weddings will still feature “Something,” “In My Life,” and “When I’m Sixty-Four,” divorcees will be haunted by “Carry That Weight,” I’m A Loser,” and “Hello Goodbye,” and critics will still argue over the meanings of “Lucy In The Sky With Diamonds,” “Strawberry Fields Forever,” and “I Am The Walrus.”
The Beatles - 18 songs for 6 reasons
The Beatles would always take the adventurous and risky path by throwing away the proven recipe for business success and doing something which ARTISTICALLY pleased them. Against all odds and “common” sense, they would succeed and then lead society and other musicians down a new road.
The Beatles - It Was 50 Years Ago Today
The Beatles convincingly fused widely disparate influences throughout their seven-year recording career as they assimilated U.S. rock ‘n’ roll, rockabilly, country, Motown, R & B, soul, Tin Pan Alley, Afro-Cuban, bossanova, classical, and Indian music influences. They also steadfastly avoided following any fads or attempting to be “cool” or something which they were not. Each of their albums was a significant musical event complete with the seemingly incongruous achievements of important artistic innovations and great popular appeal.
My Take on The 2014 Grammys Show
I'm a Grammys member & am supposed to be thrilled & engaged. The opening is perfectly predictable like every Grammy show. But for once I don't think we'll get an EDUCATIONAL lecture about the evils of downloading & that downloaders, Pandora and the ANTICHRIST herself aka GOOGLE who have stopped the performance & creation of music. I wish the teleprompter readers the very best of luck tonight. And I am pro-my clients, friends and the old people (Beatles rhythm section guys and any other 60+ ancient folk). Time for Twitter where there is peace.
Dexter Not Only Murders, He Steals Film Titles
Many episodes of DEXTER are titled after titles of films. I'll repeat the accusatory verbs that could be hurled at the copyright owners of DEXTER by each of the potential plaintiffs below. While to some, referencing a movie title is not a reference/cultural reference/cultural signifier as much as it is an outrageous theft of their intellectual property. There are many who have sued over four (4), three (3) or even two (2) words that have been copied/stolen/referenced/plundered from another source by cutthroat pirates.
Making Lyrics From Other Lyrics - Fair Use & Reference - Part 1
Referencing of lyrics/text and/or music has been a respected practice in many cultures and traditions. I have written this and will write future posts to show that in our society - Western, North American, South American, U. S. (and elsewhere) - we commonly reference. Culture is built by expression which is manifested by origination, accretion, reference, imitation, reproduction and other means.In my opinion, in the examples below, copyright has NOT been infringed. These are examples of fair use.
Dexter Not Only Murders, He Steals Intellectual Property - Part 1
I am very new to the great Showtime original series, DEXTER. I "cut the cord," got Netflix and am now a proud Netflix sheep/minion who watches television based to a large degree on what's available on Netflix.I was attracted to Netflix because I loved the nature of the Netflix beast - for a reasonable monthly fee, we could watch/ingest anything and everything we wanted, when, where and how we wanted - via 55 inch television, 27 inch iMac, iPad with or without retina display, iPhone, Google Glass or wrist watch, although those latter two are not widely available on Earth as of late December 2013. But Netflix is part of what's right about my intellectual property (IP) demands for life in the 21st century.
Christmas Music - Dave Brubeck, John Lennon, Cuba LA, The Monkees, Donny Hathaway & more
Here are twelve (12) of my favorite Christmas recordings, from Band Aid to Poncho Sanchez. (My list ends with the letter, "S?!?" No Tchaikovsky and nut cracking? And none of the letters post-S. That means no Van Halen, Vivaldi, Webern, Xenakis, Neil Young, Frank Zappa or Jan Dismas Zelenka.)As with most music, what attracts me to many of the recordings below is creative, surprising and atypical uses of chords, melody, rhythm, tone color, lyrics and/or structure. And in the case of Bob Dylan's "It Must Be Santa" recording and video, great humor.
2013 Future of Music Coalition - Viola Jokes & My Tweets, Rants & Reactions (Part 2 of 2)
This is Part 2 of 2 posts about the Future of Music Coalition's Annual Policy Summit held October 28-29, 2013. If you've not read enough acronyms today, this will be your place for fulfillment as you'll read FMC, ISRC, ISWC, ISNI and GUID. I also found it worthwhile to link to two of my Pinterest pins from my New York City & The Arts Pinterest board, as well as a beautiful viola concerto written by Hector Berlioz, but only after seeking absolution from violists for having linked to pages of viola jokes.
2013 Future of Music Coalition - My Tweets, Rants & Reactions (Part 1 of 2)
I thought before too much time passes, I should collect my tweets and comments about The 2013 Future of Music Coalition Policy Summit held in Washington DC October 28-29, 2013. The 2013 World Series was happening at the same time, so FMC was not my top priority. Taking notes and tweeting about an event is also not my favorite activity but one that I occasionally delve into. (Grammar Girl believes we should be able to end sentences with prepositions, in case you were wondering abut that last sentence.)
Thanksgiving 2013 & Music Expressing Thanks
I thought to celebrate this wonderful day of Thanksgiving, I'd compile music with lyrics that express thanks in various ways. Music from these artists (arranged alphabetically):Louis Armstrong, J. S. Bach, Charles Ives, Led Zeppelin, Bob Marley, Pat Metheny, Charles Mingus, Me'Shell Ndegéocello, Sam & Dave, Hank Williams
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.
The Beatles, Red Sox, Cardinals, Boston, St. Louis & Arizona
I was asked to write a piece about The Beatles for a national publication about 12 years ago. As part of the deal, I was going to be paid a few hundred dollars and forced to give up my copyright in what I had written. I thought that giving up my copyright - the right to use my own words - for such a small sum was foolish. So, I declined their offer and kept the article.Every few years, or even every year, there are great reasons to have Beatles' anniversaries. The "it was twenty years ago today" line can keep getting larger. Eventually it will be a triple digit event - I expect people in 2092 will celebrate, "It was 125 years ago today, Sgt. Pepper taught the band to play."
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.")