Music Discovery

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I had a really good meeting with a friend last night who went “under the hood” of my website with me and offered some great ideas.  One was to add a new entry under “Categories” –

* * * MUSIC DISCOVERY * * * 

I think what he intended by Music Discovery was for me to feature and write about music that mattered a lot to me and/or music I stumbled upon recently and wanted to highlight.  I think a new section of www.EMichaelMusic.com might spring from it.  But for now, I am treating this “Music Discovery” in another way.  I want this more interesting and lesser known music to be a more easily searchable item.

After we hung out, I created the category, “Music Discovery,” traipsed through all of my posts to see which contained links or references to music that I thought might be unfamiliar to some of my friends, and linked them to “Music Discovery.”

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To begin with my oldest Music Discovery-categorized post, I’ll highlight this song by Caetano Veloso.

Caetano Veloso – Canto Do Povo De Um Lugar

This is a beautiful song recorded by Caetano Veloso, one of my favorite musician/composer/songwriter/singers, and an extremely important Brazilian musical/cultural icon.  In future posts I will elaborate on some of the music and creative output of Caetano Veloso as I have hundreds of his songs and have seen him live in concert several times in the United States.

In music, it is often important to be simple rather than complicated – to not reveal everything you know in one short space.  There are times to fill a space with a large amount of data, but more often it is important to sacrifice virtuosity and excess for clarity and memorability.  Caetano Veloso does this throughout Canto Do Povo De Um Lugar.

A few things to notice within the song –

the crescendo beginning at 0.44 as a second guitar, and then bass, enter the song

the beautiful switch to falsetto singing at 1.38

the sudden QUIET and shift of vocal register at 2.09 (pop recordings rarely/never get suddenly quiet!)

more guitar melodies in the instrumental section beginning at 2.21 – 3.28.  Within the instrumental comes the abandonment of the chord progression in favor of a single chord and more solitude, enhanced by the added prominence of the organ.

the introduction of a jarring, out of place, diminished chord  at 3.29 – 3.44, followed by a return to normal, then solace and fade out

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This song was selected for inclusion in my October 12, 2012 post for two reasons:

1.  The melodic cell, 1-2-3-5, is the first four notes that Caetano sings. These four notes did not originate with this song.  They can be heard in many other musical compositions before this – they should be free to be sung and/or performed without the threat of a lawsuit.  They are, in other words, in the public domain.  I included Caetano’s recording in my October 12, 2012 post as supportive musical evidence in a hypothetical music copyright infringement case.  In this hypothetical case, Five For Fighting’s song, “Superman (It’s Not Easy),” is alleged to infringe the copyright of Angie Aparo’s “Seed.”  I was asked to opine about this, from my vantage point as one who actually works in music copyright infringement actions, by a reader.  I proceeded to analyze both songs, make the decision as to where I stood (in this particular matter, with the hypothetical defendant) and then  explain some of the reasoning and evidence I would use to prove that the defendant had not infringed the plaintiff’s copyright.  (The first four notes Caetano sings – 1-2-3-5 – are the same four notes at the center of the hypothetical Aparo/Five For Fighting matter.)

The October 12 post was the third and final post about this hypothetical case.  (The first was from October 10, 2012;  the second from October 11, 2012.)

2.  Caetano Veloso’s Canto Do Povo De Um Lugar is a beautiful song.  Given an excuse to promote Caetano Veloso or his music, I will!  In my perfect world, everyone in the U. S. would be fascinated by the music and musicians of Brazil.

So, I think I will treat “Music Discovery” as music which I know – maybe learned 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.

As always I look forward to your input.

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¡Cubanismo! at The Exit/In, Caetano Veloso, Café Tacuba & Music of The Americas

 

 

The Americas  –  Music by Caetano Veloso, ¡Cubanismo!, Café Tacuba  –  Copyrightable Intros

When I was growing up and loving and learning geography, there were three places called “America.”  The  globes, atlases and maps were mostly but not always in agreement.  The three (3) Americas:

1.  North America

2.  Central America

3.  South America

North America had the three (3) most powerful countries of the hemisphere  –  the United States of America, Canada and Mexico.

Central America sometimes had Mexico and those smaller countries.  Other times, Central America had just those smaller countries  –  Guatemala, Belize, El Salvador, Honduras, Nicaragua, Costa Rica and Panama –  and Mexico was considered part of North America.  One of the Latin America nations (oh yeah – just what was “Latin America” – Central America?) we “imperialists” in the U. S. really noticed was Panama as every ship had to go through the Isthmus of Panama’s Panama Canal that linked the Atlantic and Pacific Ocean.

South America had Brazil (the world’s largest Portuguese-speaking country) and a lot of other countries whose official language was Spanish.  Brazil had Carmen Miranda, samba, bossa nova and carnival, and the other countries (all Spanish speaking) had coffee, tin or llamas.  (Just a bit North American-centric!)

And then there were those islands – a petite floating continent  – known as The Caribbean and even the definition of Caribbean was odd as vacationers and cruise ship lines identified Bermuda as part of the Caribbean even though Bermuda was as far north as North Carolina, a decidedly non-tropical and non-Caribbean.

In terms of U. S. federal courts, geography becomes more confusing as Puerto Rico is part of the 1st Circuit Court of Appeals.  That means Puerto Rico and its natural adjacent neighbors (I am joking) –  Massachusetts, Maine, New Hampshire, and Rhode Island (which isn’t an island)  –  are part of the same appellate court, the First Circuit.  As if this isn’t nonsensical enough, Montana and Hawaii, non-natural neighbors, are part of the 9th Circuit Court of Appeals.  (No matter how these divisions are viewed, I’ll someday teach my “Music of The Caribbean” course again and still think of the Caribbean as its own entity, and not a part of North, South or Central America.)

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

I know of no other career like Caetano Veloso’s  –  it is astonishing to simply look at his album covers.  Caetano Veloso’s career, artistic and musical influences and output are enormous   –  samba, Antonio Carlos Jobim, bossa nova,  torch songs, Tropicálismo, Beatles, Jimi Hendrix, Arnold Schoenberg, minimalism, musique concrete, hip hop, experimental music, filmmaker, singer, songwriter, composer, soundtrack composer, political activist, political activist expelled from country, political activist welcomed back to country, etc.

I’ve plunked one song from his more than half-century output, and only to demonstrate a copyrightable introduction.

Caetano Veloso  –  Cada Macano No Seu (Cho Chuã) is from Tropicália 2, an album that pairs two of Brazil’s musical giants  –  Gilberto Gil and Caetano Veloso.  Tropicália 2 was one the best Brazilian albums of the 1990’s.

C U B A

¡Cubanismo!  –  Ibiono Utereran   ¡Cubanismo! is the superstar band of Afro-Cuba (Afro-Cuba is my name for the island of “Cuba.”).  The best musicians of the island coming together to show others how it’s done.  I’ve been most fortunate to see ¡Cubanismo! in Boston, New York and Nashville.  Yes.  That Nashville.  Tennessee.  Music City.  ¡Cubanismo! played the famous Exit/In.  To this day, it is the best concert and musicians I’ve seen in Nashville.

Ibiono Utereran begins as if a square, dull waltz is imminent.  The “one TWO AND three” waltz figure introduced by the tres gets beaten back quickly by the rhythm section and then the loud brass.  The tres pattern is then re-understood as one of several rhythms coexisting in complexity.

This is one of those ultimate “how do I dance to this” dilemmas.

“Ibiono Utereran” is from Cubanismo’s brilliant, Reencarnacion album.  Reencarnacion needs to be on your Must-Have Cuban album list.

M E X I C O

Café Tacuba  –  Camino Y Vereda    Café Tacuba has been in existence since 1989.  Their  frequently-changing musical styles have left them with passionate fans and music critics.  (The New York Times has praised Café Tacuba more than almost any other band.)

Intros to many of Café Tacuba’s songs feature copyrightable introductions.  I chose “Camino Y Vereda” because of its fun “how do I dance to this” metric deception dilemma intro, and to introduce any reader to their vital Cuatro Caminos album.

I hope to return to Caetano Veloso, ¡Cubanismo! and Café Tacuba in the future, as well as the music of Brazil, Cuba and Mexico.

*   *   *   *   *   *   *   *

To repeat the three (3) songs:

Caetano Veloso  –  Cada Macano No Seu (Cho Chuã)

¡Cubanismo!  –  Ibiono Utereran 

Café Tacuba  –  Camino Y Vereda

Uncopyrightable introductions – Part 2, William Shatner obliquely, Martha Stewart to me

 

I found a way to incorporate William Shatner into this post.  You’ll see.  Keep readin’ and a-clickin’.  I really like it.  It’s way off the subject but it brings us to a better place.

I also NEEDED to link to Martha Stewart for reasons that will be obvious.

Yesterday’s post stemmed from a discussion of song introductions and to what extent they might be copyrightable.  And that discussion stemmed from my post the day before in which I claimed that the intro to the following Sandals.com commercial  –

Sandals – Do It All Again

had copied the intro to the Beatles’ song  –

The Beatles – Getting Better

I should add that I feel that Sandals.com consciously, carefully and deliberately copied the intro to Beatles’ Getting Better.  Sandals.com did not accidentally derive this introduction, or independently create their introduction.  Some composer labored over this.

The only reader to comment on this felt that Sandals.com copying of the Beatles was NOT an example of copyright infringement.  I agreed with him.  I posed many questions pertaining to this  –  few were answered.  As Martha Stewart would likely say to me, “it’s a good thing,” as that means I can either

A.  answer them now

B.  answer them later at emichaelmusic.com  or in an article, book or app

C.  answer them later at a conference, law school or university

D.  answer them later under oath at a deposition

E.  answer them at a restaurant/bar

F.  let someone else answer them

G.  not answer them

I’ll likely opt for option B, or B and F.

I am trying to establish that one can copy INTENTIONALLY without infringing copyright.  Sandals.com copied The Beatles and it was not copyright infringement.  I think a statement like “one can copy INTENTIONALLY without infringing copyright” could be controversial.

*   *   *   *   *   *   *   *   *   *

And now to continue from yesterday’s topic  –  song introductions that are likely NOT copyrightable.  Here are a few new songs.  You’ll notice that these are Neil Young-loaded.  That’s simply due to where I was looking/listening  –  it is not scientific or anti-Canadian:

Frank Black  –  Tossed

Caetano Veloso  –  Jasper

Neil Young  –  The Old Laughing Lady

Neil Young  –  The Last Trip To Tulsa

Neil Young  –  Mr. Soul

Neil Young  –  Bringin’ Down Dinner

Katy Perry – Teenage Dream

*   *   *   *   *   *   *   *   *   *

The seven (7) songs from yesterday:

(Again, these are intros that are NOT very copyrightable.)

The Doors  –  Back Door Man

Isaac Hayes  –  By The Time I Get To Phoenix

 Frank Black  –  Hang On To Your Ego

Katy Perry  –  Circle The Drain

Neil Young  –  Without Rings

Pixies  –  Bone Machine

White Zombie  –  Thunder Kiss ’65 

*   *   *   *   *   *   *   *   *   *

At some point soon, I really want to explore the opposite  –  COPYRIGHTABLE introductions – highly copyrightable introductions.  I’ll tease by offering a highly highly highly copyrightable introduction.  It’s by The Beatles, a band that formed in Liverpool in the 1950’s.  This was early Beatles  –  pre-Ed Sullivan Beatles  – showing off.  One of the things I think they’re saying is:

“We’re darn good.  We can play well.  Can you play this much this fast?”

Here is their earliest Highly COPYRIGHTABLE intro:

Beatles  –  Like Dreamers Do

Angie Aparo v. Five For Fighting (Part 3 of 3)

PART 3 of 3

We left off in this cliffhanger with the promise of an ending in this highly abbreviated fictionalized account of what could have been a copyright infringement action brought by Angie Aparo and affiliated parties against Five For Fighting and affiliated parties.

Plaintiff: What country song  features 1-2-3-5?

Defendant:  “Tomorrow Never Comes” by Ernest Tubb does.  Conway Twitty’s “I’m Not Through Loving You Yet” also features 1-2-3-5.

Plaintiff:  What rock song  features 1-2-3-5?

Defendant: “I’ll Follow The Sun” by The Beatles.”  The Beatles‘ “You Won’t See Me” also features 1-2-3-5.

Plaintiff: What soul/R & B song features 1-2-3-5?

Defendant:  “My Girl” by The Temptations.

Plaintiff: What Brazilian song  features 1-2-3-5?

Defendant:  “Canto Do Povo De Um Lugar” by Caetano Veloso.

Plaintiff: What song recorded in Minnesota features 1-2-3-5?

Defendant:  “Paisley Park” by Prince.

Plaintiff:  And you stated, yesterday, that you do not know a song recorded in Iowa that features 1-2-3-5?

Defendant: What is Iowa?  Is there a gas station near there?

Plaintiff:  You also stated yesterday that you do not know a 17th century popular Persian song that features 1-2-3-5?

Defendant: No, my life up until this point has been incomplete as I do not know any 17th century Persian popular songs.

Plaintiff: Is there something you want to tell me?

Defendant: What?

Plaintiff: You seem to be almost laughing, or is that a smirk?  Is there something you would like to share with us?

Defendant: Well, when you put it that way, yes, there is something I would like to say.

Plaintiff: Go ahead.

Defendant: I have the best example to show that we did not copy your client.

This is a very famous example of 1-2-3-5.  And although your client’s song and our client’s song has the same 1-2-3-5, this really famous song from the 1970’s should put an end to this foolish lawsuit.

Here’s what I want you to do:

I want you to sing three (3) phrases from the first chorus of Aparo’s song.  Or we could cue the iPad or iPod (I brought both with me today – one can never get too redundant on the preparation thing, you know? ) – to 1.21 of the live version:

Angie Aparo – “Seed”
(YouTube:  http://bit.ly/Ri53Wr )

“For every seed”   [1-2-3-5]
“once there were two”  [1-2-3-5]
“wrestle your heart”  [1-2-3-5]

They’re the same, right?  Now I want you to sing the first chorus of Five For Fighting’s song.  Or we could cue the iPad to 0.37:

Five For Fighting – “Superman (It’s Not Easy)”
(YouTube:   http://bit.ly/QlaDHC )

“I’m more than a bird”  [1-2-3-5]
“I’m more than a plane” [1-2-3-5]

Those phrases from Five For Fighting are the same melody as the analogous phrases from Angie Aparo, right?

Now I want to introduce a new song as part of our evidence:

A fairly famous song from 1971 that your expert seemed to either overlook, or perhaps he doesn’t know this song.

“All The Young Dudes” by Mott The Hoople – their most famous single.

And as with Aparo and Five For Fighting, guess what melody is at the heart of the chorus?  Yes:  1-2-3-5.

Now I want you to sing the first chorus of  Mott The Hoople’s “All The Young Dudes”  Let’s cue the iPad to 0.52:

Mott The Hoople – “All The Young Dudes”
(YouTube:   http://bit.ly/Rl1sXA )

“all the young dudes”  [1-2-3-5]
“boogaloo dudes”  [1-2-3-5]
“all the young dudes”  [1-2-3-5]
“boogaloo dudes”  [1-2-3-5]

These three (3) songs, by

Mott The Hoople
Angie Aparo
Five For Fighting

…and these specific melodies are interchangeable!  You don’t have a case!    

Or perhaps now we should both worry that David Bowie, who wrote “All The Young Dudes,” and related parties will sue us?

No, they won’t.  They won’t sue because this melody is:

too short;
not original enough to be copyrighted, and;
has occurred in many songs/compositions in many styles of music dating back to Bach.

The short and simple melodic gesture, 1-2-3-5, is in the public domain.

This just goes to show that if not Mott The Hoople, a lot of great music can be traced back to Bach, don’t you think?

(And did you notice that the chorus of Mott The Hoople consists of two (2) nineteen (19)-beat phrases?  Four (4) measures of 4/4 plus one (1) one measure of 3/4 with that entire thing stated twice, i.e. 19/4 + 19/4.  Cool, huh?)

Anyone up for lunch?