Blog
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.
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.)
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.
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.
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 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...