1.
1. Listen to the Black Crowes’ song: Jealous Again
2. Listen to Gretchen Wilson’s song: Work Hard, Play Harder
3. 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.
Verse 1: “cheat the odds that made you” – 3-5-3-2-1-6 at 0.17 – 0.19
Verse 2: “always drunk on Sunday” – 3-5-3-2-1-6 at 0.50 – 0.52
Verse 3: “never felt like smiling” – 3-5-3-2-1-6 at 1.49 – 1.51
5. Each statement of the short melodic phrase, 3-5-3-2-1-6, lasts more than one (1) but less than two (2) seconds.
6. The 3-5-3-2-1-6 melody only occurs at these three (3) places in Jealous Again.
7. Jealous Again lasts four minutes and twenty-seven seconds.
8. The 3-5-3-2-1-6 melody lasts for less than 6 seconds out of 267 total seconds of Jealous Again.
9. The 3-5-3-2-1-6 melody accounts for 2% of Jealous Again. Two percent.
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2.
1. Listen to Gretchen Wilson’s song: Work Hard, Play Harder
2. At 0.19, Gretchen Wilson sings “I work a double shift on Monday.”
3. The first five (5) notes of the melody to this lyric are 3-5-3-2-1.
4. The next note after the “1” MIGHT be “6,” or it MIGHT be another “1” or it might be an indeterminate pitch. The 6th and final note of this short phrase is not as clear to perceive, in terms of pitch, as are the first five (5) notes of the melody.
5. Perhaps this 3-5-3-2-1 melodic phrase with an indeterminate 6th pitch, could be called, “3-5-3-2-1-x” or “ALMOST 3-5-3-2-1-6.”
6. If you are on the Black Crowes side, this melody is 3-5-3-2-1-6 and you want to give Gretchen Wilson “credit” for singing that last extremely short note (or ALMOST note) as “6.”
7. If you are not on the Black Crowes side, or neutral, Gretchen Wilson’s melody is 3-5-3-2-1-x, where “x” means indeterminate.
8. Gretchen Wilson sings 3-5-3-2-1-x at the following four (4) places in her song, with these words:
0.19 “…double shift on Monday”
0.27 “Wednesday pouring coffee”
1.12 “I don’t waste my time on”
1.20 “…pay no never mind to”
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3.
1. 3-5-3-2-1-6 is not the same as 3-5-3-2-1-x.
2. The Black Crowes’ 3-5-3-2-1-6 is not the same as Gretchen Wilson’s 3-5-3-2-1-x.
3. The Black Crowes sing the short melodic phrase, 3-5-3-2-1-6, three (3) times in their song.
4. The sum of the Black Crowes’ 3-5-3-2-1 phrases last, at most, 6 seconds out of the 267 seconds of their song.
5. The Black Crowes’ 3-5-3-2-1-6 statements account for 2% of their song.
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4.
1. If Artist B copied a less-than-2-second phrase from Artist A (that when repeated in Artist A’song amounted to 2% of Artist A’s song), should Artist A be entitled to 50% of Artist B’s profits?
2. Is awarding 50% of Artist B’s copyright to Artist A sufficient recompense for the copy of 2% of Artist A’s copyright?
3. Is awarding 50% of Artist B’s copyright to Artist A excessive recompense for the copy of 2% of Artist A’s copyright?
4. Do the Black Crowes deserve copyright protection for the less-than-2-second “3-5-3-2-1-6” melodic phrase?
5. Were the Black Crowes the first to compose/create the less-than-2-second “3-5-3-2-1-6” melodic phrase?
6. If they were NOT the first to compose/create the 3-5-3-2-1-6 do they own copyright in 3-5-3-2-1-6?
7. Can one own copyright in a less-than-2-second melodic phrase?
8. Can one own copyright in the Black Crowes’ specific less-than-2-second melodic phrase, i.e. 3-5-3-2-1-6?
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The questions above can be answered. In addition, there are many more questions to pose and answer, as well as important concepts and theories that could be considered.
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