Blind Lemon Jefferson – The Big Bang Of Blues

This is my 100th post, the actual transition from a 2-digit to 3-digit size collection of my musings onto the Inter-Tubes and towards a 4-digit size collection that will complete this part of my manifest destiny.

In a previous post (February 23, 2014), Albert King’s Searching For A Woman (1961) was traced to Carl Perkins’ Matchbox (1956) to Leadbelly’s Packin’ Trunk (1935) to Blind Lemon Jefferson’s Match Box Blues (1927).

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Another famous blues song, That’s All Right (sometimes known as “That’s Alright, Mama” or “That’s All Right, Mama”) can also be traced back from its best known version to earlier versions of that song.

In 1954, Elvis Presley recorded Arthur Crudup’s “That’s All Right.”

Elvis Presley – That’s All Right (1954)

Arthur “Big Boy” Crudup – That’s All Right (1946).

Elvis in That’s All Right sings Crudup’s lyric nearly exactly. From 0.10 – 0.30:

Well that’s all right, mama, that’s all right for you, that’s all right mama, just any way you do that’s all right, that’s all right, that’s all right now mama any way you do…”

Arthur “Big Boy” Crudup – That’s All Right Mama (1946.) From 0.16 – 0.37:

“Well now that’s all right mama, that’s all right for you, that’s all right now mama any way you do but that’s all right, that’s all right, that’s all right now mama any way you do..”

Big Bill Broonzy – It’s A Lowdown Dirty Shame (1942). Big Bill Broonzy sings of his love for a no-good married woman. From 1.30 – 1.53:

“My baby, baby that’s alright with you, ooh baby that’s alright with you, baby that’s alright baby I mean that what you do…”

Blind Lemon Jefferson – That Black Snake Moan (1926). From 1.33 – 1.55:

“Mama, that’s all right, mama that’s all right for you, Mama, that’s all right, mama that’s all right for you, Say baby that’s all right, most any old way you do…”

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A variant of the phrase, “that’s all right, mama, that’s all right for you, that’s all right mama, any way you do,” can be traced to Blind Lemon Jefferson.

Was sole authorship of the lyric “that’s all right, mama, that’s all right for you, that’s all right mama, any way you do,” important?

Is the determination of authorship of the lyric important now?

Is this lyric, or a particular version/variant of it, under copyright or in the public domain?

Can anyone use a particular portion/variant of it if the original is in the public domain?

Would use of the short, “that’s all right, mama,” be permissible under any circumstances?

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Blind Lemon Jefferson might be the Big Bang of Blues.

Carl Perkins’ Matchbox (1956) can be traced to Blind Lemon Jefferson’s Match Box Blues (1927).

Elvis Presley’s That’s All Right (1954) can be traced to Blind Lemon Jefferson – That Black Snake Moan (1926).

There are other songs that can be traced to Blind Lemon Jefferson who in turn learned many songs from his contemporaries and those who came before him. Authorship, sole authorship and copyright were not relevant to many practitioners of many styles of music.

March 6, 2014March 6, 2014

Names Of Songs Used As Names Of Bands – Can’t Think Of A Name For Your Band, Copy One

Even though many do not believe this and suffer the fear and trepidation over the subject of copyright and copyright protection, it is LEGAL and COMMON to copy a name and use it as another name. In fact, copyright does NOT protect names, titles, or short phrases or expressions.

It is common to copy MOVIE titles and use them as titles of television episodes. I addressed this in a discussion of names of movies used as names of Dexter episodes.

It is common to copy SONG titles and use them as titles of television episodes. I addressed this in a discussion of names of songs used as names of Dexter episodes.

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These could be considered examples of referencing – a title has been referenced by its use as another title. These could be considered examples of copying – a title has been copied and used as another title.

Listed below are some of the categories and specific names that are NOT copyright protected:

Names of businesses – Comcast, Xfinity, Dupont, Monsanto, Apple, Samsung, Honda, L.L. Bean, etc.

Names of organizations – AFL-CIO, Major League Baseball, Electronic Frontier Foundation, the Boston Red Sox, etc.

Names of performing groups – Stevie Wonder, The Beatles, Broken Bells, Bob Marley, Arctic Monkeys, Daft Punk, Neil Young, etc.

Names of title of works – Alien, Animal House, Citizen Kane, Things Fall Apart, Pride and Prejudice, Life of Pi, Take Five, Ring Of Fire, A Hard Day’s Night, etc.

Advertising slogans – Hey Mikey…He Likes It; Don’t Leave Home Without It; Got Milk; A Diamond Is Forever; Plop Plop Fizz Fizz, etc.

List of ingredients – butter, eggs, flour, milk, salt, baking powder, mild cheddar cheese, frozen chopped spinach, chopped onion and salt

Recipe –

4 Tbsp butter

3 eggs

1 c flour

1 c milk

1 tsp salt

1 tsp baking powder

1 pound mild cheddar, grated

2 packages frozen chopped spinach (thawed and drained)

1 Tbsp chopped onion (optional)

seasoned salt (optional)

The documentation – Circular 34 – from the U. S. Copyright Office describing this lack of copyright protection is found here and the first link of this sentence.

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These are examples of referencing – a title has been referenced by its use as another title. These could be considered examples of copying – a title has been copied and used as another title.

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The titles of the following thirteen (13) songs did NOT sacrifice their lives for (but did spawn) second lives as names of bands. Re-using a name is respectable, common, copyright-legal and in keeping with the traditions of many societies.

THE SONGS and THE BANDS

1. Beatles “Hello Goodbye” (1967) was used for band name, Hello Goodbye.

2. Black Sabbath “After Forever” (1971) was used for band name, After Forever.

3. Bonzo Dog Doo-Dah Band “Death Cab For Cutie” (1967) was used for band name, Death Cab For Cutie.

4. Dave Brubeck “Take Five” (1959) was used for band name, Take 6.

5. Bob Dylan “Ballad Of Frankie Lee And Judas Priest” (1967) was used for band name, Judas Priest.

6. Inside Out “Rage Against The Machine” (1991) was used for band name, Rage Against The Machine.

7. Tommie Johnson “Canned Heat Blues” (1928) was used for band name, Canned Heat.

8. New Edition “Boys To Men” (1988) was used for band name, Boyz II Men.

9. Queen “Radio Ga Ga” (1984) was used for artist name, Lady Gaga.

10. Steely Dan “Deacon Blues” (1977) was used for artist name, Deacon Blue.

11. Talking Heads “Radio Head” (1986) was used for band name, Radiohead.

12. Talking Heads “The Big Country” (1978) was used for band name, Big Country.

13. Muddy Waters “Rolling Stone” (1950) was used for band name, The Rolling Stones.

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The moral of the story – the tongue-in-cheek humorous moral of the story? If you’re stuck coming up with a name for your band, song, film, poem, novel, photograph or sculpture, you will probably not get into copyright trouble by naming your work of authorship after someone else’s work of authorship.

If you can’t think, copy someone who can.

If the name was good then, it might be good now.

If you can’t create, copy.

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February 23, 2014

Tracing The Origins Of Blues Songs: Culture Or Copying?

Music of Blind Lemon Jefferson, Leadbelly, Carl Perkins, Albert King and The Beatles

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. Members of a society share what is performed, heard, seen, filmed, photographed, painted, sculpted, danced, acted, woven, cooked, eaten and more.

It can be illuminating to examine how certain songs have come into existence. How important was authorship? Were several responsible for the creation of a song? Did parts of the song come together at different times and places?

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Albert King “Searching For A Woman” (1961) referenced Carl Perkins “Matchbox” (1956)

Albert King’s Searching For A Woman (1961) – At 0.28 – 0.48 of this recording, one hears:

“sometimes I wonder would a matchbox hold my clothes, yeah sometimes I wonder would a matchbox hold my clothes, I don’t have so many but I’ve got so far to go.”

Albert King is not the author of that lyric as it had been heard prior to “Searching For A Woman.” King simply interpolated it/referenced it from a prior source. Or was it from more than one prior source?

Carl Perkins’ Matchbox (1956) – At 0.05 – 0.20 of this recording, one hears:

“well I’m sitting here wondering would a matchbox hold my clothes, yeah I’m sitting here wondering would a matchbox hold my clothes, I ain’t got no matches but I got a long way to go.”

Carl Perkins’ Matchbox (1956) was a big hit in the 1950’s.

The Beatles released their version of Matchbox in 1964, reviving Perkins’ popular song. The Beatles loved Carl Perkins and recorded three (3) of his songs. (Notice that Ringo’s vocal is double-tracked in Matchbox and typical for Beatles’ cover recordings, they stay as true to the original as possible.)

Continuing with MATCHBOX…

Carl Perkins “Matchbox” (1956) referenced Leadbelly “Packin’ Trunk” (1935)

Carl Perkins’ Matchbox (1956) – At 0.05 – 0.20 of this recording, one hears:

“well I’m sitting here wondering would a matchbox hold my clothes, yeah I’m sitting here wondering would a matchbox hold my clothes, I ain’t got no matches but I got a long way to go.”

Leadbelly’s Packin’ Trunk (1935) – at 0.45-1.05 of this recording one hears:

“I’m sitting down here wondering would a matchbox hold my clothes, I’m sitting down here wondering would a matchbox hold my clothes, I’m sitting down here wondering would a matchbox hold my clothes”

Leadbelly “Packin’ Trunk” (1935) referenced Blind Lemon Jefferson “Match Box Blues” (1927)

Leadbelly’s Packin’ Trunk (1935) – at 0.45 – 1.05 of this recording one hears:

“I’m sitting down here wondering would a matchbox hold my clothes, I’m sitting down here wondering would a matchbox hold my clothes, I’m sitting down here wondering would a matchbox hold my clothes”

Blind Lemon Jefferson’s Match Box Blues (1927) – at 0.38 – 1.04 of this recording, one hears:

“sitting here wondering would a matchbox hold my clothes, I’m sitting here wondering would a matchbox hold my clothes, I ain’t got so many matches but I’ve got so far to go”

Is Blind Lemon Jefferson the source of this lyric about a person owning so little that all of his clothes could fit into a matchbox?

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Do lyrics and/or music of any of these songs REFERENCE any other song(s)?

Do lyrics and/or music of any of these songs COPY any other song(s)?

Do lyrics and/or music of any of these songs STEAL FROM any other song(s)?

Do lyrics and/or music of any of these songs INFRINGE any other song(s)?

Are musical traditions, for example in any of the songs above, at odds with copyright law?

Assuming that any of these instances above involves the TAKING of someone’s intellectual property, isn’t it only taking a “little bit” and how important can a little bit be?

Should musical tradition(s) trump copyright law?

Should copyright law trump musical tradition(s)?

If Blind Lemon Jefferson’s Match Box Blues (1927) is under copyright, would one or more of those who followed him have infringed his copyright?

If Blind Lemon Jefferson’s Match Box Blues (1927) is NOT under copyright and in the public domain, would copyright vest in Leadbelly’s Packin’ Trunk (1935)?

And how does one answer any/all of the questions above if the country of origin of the manufacture and distribution of specific recordings are OUTSIDE of the United States of America?

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January 21, 2014February 11, 2014

Dexter Not Only Murders, He Steals Film Titles

Giving Zealous Publishers Ample Reason To Live: I Sue Therefore I Am

Referencing FILM Titles in Dexter

Dexter Not Only Murders, He Steals Intellectual Property – Part 2

Dexter – Murderer & Larcenist Of Film Titles

Dexter, Piracy & Film (Titles)

Dexter, Piracy & Film – Publisher Perils

Dexter, Piracy & Film (Titles): I Sue Therefore I Am

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This is my second blog post about DEXTER. In the first I explored how many episodes of DEXTER were named after song lyrics and/or song titles. In this post, I will identify episodes named after films.

The Showtime original series, DEXTER, lasted for eight (8) seasons – each season featured twelve (12) episodes.

Throughout DEXTER, I was surprised that so many titles of episodes were references to songs, lyrics or movies. I feel strongly that creators in contemporary cultures should feel free to acknowledge, borrow, reference, copy and transform preexisting material – in these examples, words that constitute titles. In my opinion, the titles of episodes in DEXTER that have been referenced should NOT lead to any type of legal problem or copyright infringement (although I have been a part of copyright infringement actions brought over as trivial and ridiculous similarities as these potential issues below from DEXTER).

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F I L M S (and Dexter)

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.

To repeat the accusations from a previous post, only this time with respect to movie titles:

DEXTER references film titles

DEXTER copies film titles

DEXTER steals film titles

DEXTER misappropriates film titles

DEXTER appropriates film titles

DEXTER plunders film titles

DEXTER rips off film titles

DEXTER thieves film titles

(I use the word, “thieves,” as a verb above, humorously, as I know “thieves” is NOT a verb.)

“Referencing” film titles is the most appropriate verb above.

What follows is my take on eleven (11) DEXTER episodes that reference movie titles.

1.

DEXTER – Season 1 Episode 12 – Born Free. “Born Free” was a successful 1966 British movie filmed in Kenya. Its eponymous theme song was also famous and can be heard below.

Born Free (IMDB) (1966)

Born Free (Wikipedia)

Born Free (Trailer)

Born Free (Theme song sung by Andy Williams, with a frozen, awkwardly and uncomfortably smiling picture of Michael C. Hall (“Dexter Morgan” from DEXTER)

Many would sue for copyright infringement because two (2) words are the same, and the title of this film.

2.

DEXTER – Season 2 Episode 2 – Waiting To Exhale.

Waiting To Exhale (IMDB) (1995)

Waiting To Exhale (Wikipedia)

Waiting To Exhale (Trailer)

Many would sue for copyright infringement because all three (3) words are the same, and the title of this film.

3.

DEXTER – Season 2 Episode 3 – An Inconvenient Lie.

The film, An Inconvenient Truth (2006), becomes the Dexter episode, An Inconvenient Lie.

An Inconvenient Truth (IMDB) (2006)

An Inconvenient Truth (Wikipedia)

An Inconvenient Truth (Trailer)

Many would sue for copyright infringement because two (2) of the three (3) words are the same, and the title of this film.

4.

DEXTER – Season 2 Episode 6 – Dex, Lies & Videotape.

The film, Sex, Lies & Videotape (1989), becomes the Dexter episode, Dex, Lies & Videotape.

Sex, Lies & Videotape (IMDB) (1989)

Sex, Lies & Videotape (Wikipedia)

Sex, Lies & Videotape (trailer)

Many would sue for copyright infringement because two (2) words are the same (and the 3rd word is only letter different), and the title of this film.

5.

DEXTER – Season 2 Episode 10 – There’s Something About Harry

The film, There’s Something About Mary (1998), becomes the Dexter episode, There’s Something About Harry.

There’s Something About Mary (IMDB) (1998)

There’s Something About Mary (Wikipedia)

There’s Something About Mary (Trailer)

Many would sue for copyright infringement because three (3) words are the same (and the 4th word is only one letter different), and the title of this film.

6.

DEXTER – Season 3 Episode 9 – About Last Night.

About Last Night (IMDB) (1986)

About Last Night (Wikipedia)

About Last Night (Trailer)

Many would sue for copyright infringement because the three (3) words are the same, and the title of this film.

7.

DEXTER – Season 4 Episode 5 – Dirty Harry.

Dirty Harry is the first a series of five (5) films based on San Francisco Police Inspector “Dirty” Harry Callahan, played by Clint Eastwood. The first of these films, Dirty Harry, dates from 1971 – the fifth, The Dead Pool, from 1988.

From the 1971 trailer:

“This is about a movie about a couple of killers. Harry Callahan and a homicidal maniac. The one with a badge is Harry.”

Dirty Harry (IMDB) (1971)

Dirty Harry (Wikipedia)

Dirty Harry (trailer)

When it comes to DEXTER, a hammer can be an effective killing weapon, not just a metaphorical hammer that bludgeons one’s competitors (think Apple, Samsung and other litigating bodies) but the REAL thing – the means by which one human murders another human.

Many would sue for copyright infringement because two (2) words are the same, and the title of this film. The potential plaintiff could even more enthusiastically claim that “all two (2) words are the same.”

8.

DEXTER – Season 5 Episode 4 – Beauty & The Beast.

There have been at least seven (7) Beauty & The Beast films from 1946-2003. The most successful was the 1991 animated Walt Disney version.

Beauty & The Beast (IMDB) (1991)

Beauty & The Beast (Wikipedia)

Beauty & The Beast (Trailer)

Many would sue for copyright infringement because all four (4) words are the same, and the title of this film.

9.

DEXTER – Season 6 Episode 3 – Smokey & The Bandit.

Smokey & The Bandit (IMDB) (1977)

Smokey & The Bandit (Wikipedia)

Smokey & The Bandit (Trailer)

Many would sue for copyright infringement because all four (4) words are the same, and the title of this film.

10.

DEXTER – Season 7 Episode 6 – Do The Wrong Thing.

The film, Do The Right Thing (1989), becomes the Dexter episode, Do The Wrong Thing.

Do The Right Thing (IMDB) (1989)

Do The Right Thing (Wikipedia)

Do The Right Thing (Trailer)

Many would sue for copyright infringement because three (3) of the four (4) words are the same, and the title of this film. Furthermore, “The Wrong Thing” could be a parody of “The Right Thing,” and many potential plaintiffs do not like being subjected to parody and ridicule.

11.

DEXTER – Season 8 Episode 3 – What’s Eating Dexter Morgan?

The film, What’s Eating Gilbert Grape (1993), becomes the Dexter episode, What’s Eating Dexter Morgan?

What’s Eating Gilbert Grape? (IMDB) (1993)

What’s Eating Gilbert Grape? (Wikipedia)

What’s Eating Gilbert Grape? (Trailer)

Many would sue for copyright infringement because two (2) of the four (4) words are the same, and the title of this film.

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If this post seemed as if I have experience in this area, a penchant and a strong point of view, it is because I HAVE experience in this area with foolish lawsuits over trivial unprotect-ible (able) material – as few as two (2) or three (3) words in common between works of authorship – as well as a penchant and a strong point of view.

I will continue to explore how our society views referenced material from works of authorship, as well as how music and the arts intersect with law, business, technology and communication. As always I welcome your input.

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January 19, 2014February 12, 2014

Making Lyrics From Other Lyrics – Fair Use & Reference – Part 1

Song Lyrics That Reference Other Song Lyrics – Part 1

Making Lyrics From Other Lyrics – Fair Use & Reference (1)

Mystikal, George Harrison & Steve Miller Stealing Lyrics?

Reference/Copy/Steal Lyrics

In many Western popular music styles and Western popular culture in general, it is not uncommon for lyrics to be referenced. Often, lyrics, text and/or names that might not have been very important in one context receive transformative value via this re-contextualiziation.

I often explore this type of creativity and have begun to compile and categorize examples of works of authorship involving lyrics/text (and not music) that reference other works of authorship. As of this morning, I have twelve (12) categories. Here are the first five (5) categories:

A) Lyrics referenced as lyrics

B) Lyrics referenced as names of bands/artists

C) Lyrics referenced as magazine name

D) Lyrics referenced as names of organizations

E) Lyrics referenced as names of companies

With respect to the first category –

“Lyrics referenced as lyrics” means that lyrics found in one particular song have been repurposed and placed into another song. This referencing/repurposing was intentional, not subconscious.

Sometimes when lyrics are referenced they can be problematic from a copyright/legal point of view. Referencing lyrics too closely or too substantively can potentially lead to copyright infringement.

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. (There will be a time for more nouns and verbs related to the process of creating works of authorship but that will come in future posts.)

In my opinion, in the examples below, copyright has NOT been infringed. These are examples of fair use.

The music below is drawn from:

James Brown

The Clovers

Bob Dylan

The Four Tops

George Harrison

Steve Miller

Mystikal

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These particular lyrics/text references likely occurred for one or more of the following reasons:

The new author liked the meaning of the lyrics.

The new author liked the sound of the lyrics.

The new author liked some or all of the lyrics’ surrounding melody, harmony, rhythms, instrumentation, loudness levels, sounds, etc. isolated or in combination and believed that the referenced lyrics could connote the same or similar meanings or feelings as the original.

The new author believed the referenced lyric would sound good/function well in the new work of authorship.

The new author wanted to pay tribute to or honor a lyricist/author and/or a lyricist/author’s specific expression.

The new author wanted to make a lyric/cultural reference – to “signify.”

The new author wanted to give the referenced lyrics new meaning by placing them in a new context.

The new author was capable of original expression but felt that referencing from the earlier source would result in original expression, i.e., the new author aimed to make original expression out of earlier expression.

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1.

James Brown’s Papa’s Got A Brand New Bag (1965) is referenced in Mystikal’s Never Gonna Bounce (1996).

James Brown’s Papa’s Got A Brand New Bag (1965) – “Papa’s got a brand new bag” is first heard at 0.20.

Mystikal’s Never Gonna Bounce (1996) – “Papa’s got a brand new bag” is first heard at 0.27-0.29.

“Papa’s got a brand new bag” is a two-second phrase that only occurs twice in James Brown’s “Papa’s Got A Brand New Bag” and once in Mystikal’s “Never Gonna Bounce.”

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2.

The Clovers’ Lovey Dovey (1954) is referenced in Steve Miller’s The Joker (1973). This is a longer and more substantive quote than others in this blog post and perhaps to some this would NOT constitute fair use. I welcome others’ opinions.

The Clovers’ Lovey Dovey (1954) – “you the cutest thing that I did ever see, I really love your peaches want to shake your tree, lovey dovey, lovey dovey, all the time…” is heard from 0.10-0.32.

Steve Miller The Joker (1973) – “you’re the cutest thing that I ever did see, I really love your peaches want to shake your tree, lovey dovey, lovey dovey, lovey dovey all the time…” is heard from 2.02-2.19 of this Steve Miller single, but from 1.37-1.54 of this YouTube clip.

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3.

Bob Dylan’s It’s All Over Now Baby Blue (1965) is referenced in George Harrison’s When We Was Fab (1988).

Bob Dylan’s It’s All Over Now Baby Blue (1965) – “it’s all over now, Baby Blue” is heard at

0.47-0.53

1.34-1.40

2.21-2.26

3.53-3.59

of the original studio recording of “It’s All Over Now, Baby Blue” from Dylan’s 1965 album, Bringing It All Back Home.

With respect to the YouTube link to the live performance provided above, “it’s all over now, Baby Blue” is heard at

1.45-1.50

2.44-2.49

3.40-3.45

5.25-5.30.

George Harrison’s When We Was Fab (1988) – “but it’s all over now, Baby Blue” is heard at 2.28-2.32.

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4.

The Four Tops’ I Can’t Help Myself (Sugar Pie, Honey Bunch) (1965) is referenced in George Harrison’s This Song (1976).

The Four Tops’ I Can’t Help Myself (Sugar Pie, Honey Bunch) (1965) – “sugar pie, honey bunch” – is first heard at 0.11-0.13.

George Harrison’s This Song (1976) – “sugar pie, honey bunch” – is heard at 1.32-1.34. (George Harrison’s “This Song” features several other references of text, as well as references done in humorous and sometimes veiled means.)

More posts on referencing lyrics will follow.

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December 29, 2013February 25, 2014

Dexter Not Only Murders, He Steals Intellectual Property – Part 1

Referencing Song Titles in Dexter

Dexter Not Only Murders, He Steals Intellectual Property (“IP” to its friends) – Part 1

Everything, Everywhere, Anytime, Anyway

Publishers Might Not Mind Murder but Theft Of Intellectual Property? That Should Lead To Murder. (Theft of IP – now we’re talking real crime!)

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. My demands are fourfold:

E V E R Y T H I N G
E V E R Y W H E R E
A N Y T I M E
A N Y W A Y

Netflix does not provide EVERYTHING – every piece of intellectual property (IP) – but it does provide a reasonable amount of IP/visual/audio programming aka works of authorship.

Netflix does very well at fulfilling the EVERYWHERE of my demand at least in that my EVERYWHERE demand is limited to perceiving Netflix everywhere in the United States.

Netflix is nearly perfect at fulfilling the ANYTIME. If Netflix has it, I can view it at ANYTIME. One of the problems, however, is that some of their streamed IP/works of authorship that are available have an artificially-imposed limited shelf life. Many Netflix movies, for example, are scheduled to die/evaporate/shrivel up on January 1, 2014. There are probably typical business and licensing reasons for the shriveling/evaporation/death-ing and the reasons for these non-essential, human-ordained killings are likely to make sense to Netflix’ shareholders, but in my role as demanding and don’t-tell-me-no customer, I don’t care. It is the 21st century and those excuses need to be as obsolete as premature death of something that needn’t die. If Netflix or any other company will not give the customer what s/he wants, someone else will or another avenue, or four or five avenues to that IP, will open.

Netflix is doing very well with respect to ANYWAY as Netflix makes their content available across many platforms. I have blithely and propitiously watched Netflix programming on my

55 inch

27 inch

13 inch

9.7 inch

4 inch

devices.

(The numbers above correspond respectively to the following gadgets in this room: my JVC TV, iMac, MacBook Pro, iPad 5, iPhone 5.)

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The Showtime original series, DEXTER, lasted for eight (8) seasons – each season featured twelve (12) episodes.

I was immediately intrigued by the series because of its extremely original setting and theme – a blood splatter analyst for the Miami Police Department, Dexter Morgan, a hard working, principled but troubled protagonist who always operates with a “dark passenger” by his side (Dexter’s evil inner being). In most episodes, Dexter acted as a vigilante who would capture bad people who seemed guilty of one or more murders (or child abuse, etc.). Often these seemingly guilty murderers had been found not guilty for what is commonly known in popular society/popular media (not by lawyers!) as “technicalities” – evidence was obtained illegally, the search warrant contained a misspelling, etc.

During the first season, I was amused by the titles of episodes especially because many were references to songs, lyrics or movies. I feel strongly that creators in contemporary cultures should feel free to acknowledge, borrow, reference, copy and transform preexisting material – in these examples, lyrics or text. The titles of episodes in DEXTER that have been referenced do not constitute any type of legal problem. The specifics of copyright/intellectual property law, with respect to referencing of titles, need not and will not be addressed in this post.

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S O N G S (and Dexter)

Many episodes of DEXTER are titled after titles and/or lyrics from popular music songs. Stated a few other ways:

DEXTER references song titles

DEXTER copies song titles

DEXTER steals song titles

DEXTER misappropriates song titles

DEXTER appropriates song titles

DEXTER plunders song titles

DEXTER rips off song titles

DEXTER thieves song titles

(I use the word, “thieves,” as a verb above, humorously, knowing that “thieves” is NOT a verb.)

“Referencing” song titles is the most appropriate verb above.

What follows is my take on DEXTER episodes that reference song titles.

1.

DEXTER – Season 1 Episode 4 – Let’s Give The Boy A Hand. “Let’s give the boy a hand” was a lyric/phrase from the 1984 song, “Let’s Hear It For The Boy” recorded by Deniece Williams.

Deniece Williams – Let’s Hear It For The Boy (1984)

Many would sue for copyright infringement because all six (6) words of the Dexter title are the same as the lyric of the song.

Many would sue for copyright infringement because two (2) of the three (3) words are the same, and the title of this film.

2.

DEXTER – Season 1 Episode 5 – Love American Style. “Love American Style” was a television show that aired from 1969-1974.

The Love American Style theme song (1969)

Many would sue for copyright infringement because all three (3) words of the Dexter episode are the same as the title of the song (and television show).

3.

DEXTER – Season 1 Episode 6 – Return To Sender. “Return To Sender” was a 1962 Elvis Presley hit song.

Elvis Presley – Return To Sender (1962)

“…(using a forever stamp), I gave a letter to the postman, he put it in his sack, bright and early next morning he brought my letter back…”

Many would sue for copyright infringement because all three (3) words of the Dexter episode are the same as the title of the song.

4.

DEXTER – Season 3 Episode 3 – The Lion Sleeps Tonight. The long, rich and complex history of “The Lion Sleeps Tonight” is discussed in the Wikipedia entry.

Well-known versions of “The Lion Sleeps Tonight” include:

The Tokens – The Lion Sleeps Tonight (1961)

Robert John – The Lion Sleeps Tonight (1972)

They Might Be Giants – The Guitar (The Lion Sleeps Tonight) (1992)

Many would sue for copyright infringement because all four (4) words of the Dexter episode are the same as the title of the song.

5.

DEXTER – Season 3 Episode 10 – Go Your Own Way. “Go Your Own Way” is likely in reference/deference to the Fleetwood Mac song about the breakup of a romantic couple as this Dexter episode is about the pending breakup of “Dexter Morgan” and “Miguel Prado,” Dexter’s brief murder accomplice, in this pivotal DEXTER episode.

Fleetwood Mac – Go Your Own Way (1976)

Many would sue for copyright infringement because all four (4) words of the Dexter episode are the same as the title of the song.

6.

DEXTER – Season 4 Episode 3 – Blinded By The Light.

Manfred Mann – Blinded By The Light (1976)

Bruce Springsteen – Blinded By The Light (1973)

“Blinded By The Light” was written and recorded initially by Bruce Springsteen. Manfred Mann’s cover of Blinded By The Light was more commercially successful, as well as an example of pretentious art-rock, for which you can thank Manfred Mann or not.)

Many would sue for copyright infringement because all four (4) words of the Dexter episode are the same as the title of the song.

7.

DEXTER – Season 4 Episode 6 – If I Had A Hammer. “If I Had A Hammer” was written in 1949 by the great American folksinger/activist/humanist Pete Seeger. Below are two (2) famous versions – the Peter, Paul & Mary 1963 live performance at the Newport Folk Festival, and the original 1950 recording by Pete Seeger & The Weavers:

Pete Seeger/The Weavers – If I Had A Hammer (1950)

Peter, Paul & Mary – If I Had A Hammer (1963)

Many would sue for copyright infringement because all five (5) words of the Dexter episode are the same as the title of the song.

8.

DEXTER – Season 5 Episode 9 – Teenage Wasteland. “Teenage Wasteland” refers to the 1971 song by The Who entitled, “Baba O’Riley,” with its chorus phrase, “it’s only teenage wasteland.”

The Who – Baba O’Riley (1971)

Many would sue for copyright infringement because both words of the Dexter episode are the same as the lyrics of Baba O’Riley.

9.

DEXTER – Season 6 Episode 5 – The Angel Of Death. “The Angel Of Death,” is most likely a reference to the famous Hank Williams song.

Hank Williams – Angel Of Death (posthumously released in 1954)

Many would sue for copyright infringement because all four (4) words of the Dexter episode are the same as the title of the song.

10.

DEXTER – Season 7 Episode 9 – Helter Skelter.

“Helter Skelter” most likely refers to the 1968 Beatles song Helter Skelter from “The Beatles” better known as The White Album.

“Helter Skelter” is also the name of a carnival ride – an “amusement park ride with a slide built in a spiral around a high tower.”

In 1713, Robert Louis Stevenson wrote the poem, Helter Skelter.

Many would sue for copyright infringement because both words of the Dexter episode are the same as the title of the Beatles song.

11.

DEXTER – Season 7 Episode 11 – Do You See What I See? “Do You See What I See?” likely refers to the 1962 Christmas song, “Do You Hear What I Hear?”

Bing Crosby – Do You Hear What I Hear (1962)

Many would sue for copyright infringement because four (4) of the six (6) words of the Dexter episode are the same, and the title of this song.

12.

DEXTER – Season 8 Episode 9 – Make Your Own Kind Of Music. “Make Your Own Kind Of Music” likely refers to the 1969 “Mama” Cass Elliot song, “Make Your Own Kind Of Music.”

“Mama” Cass Elliot – Make Your Own Kind Of Music (1969)

Many would sue for copyright infringement because all six (6) words of the Dexter episode are the same as the title of the song.

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In future posts about DEXTER, I will discuss the referencing of movies, television shows and other cultural artifacts.

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November 24, 2013February 17, 2014

Copying & Using Lyrics As Lyrics, Names Of Bands, Magazines & Organizations

“We may have to walk near dangers, close to awful things…“

I’ve been gone from this space for too long – most of November – but for very good reasons.

There was the trip to St. Louis to speak to students and faculty the St. Louis University Law School (October 23-24, 2013).

That was followed by a stay in Birmingham, Alabama where I spoke about fair use and copyright and my views on these subjects at a UAB Music Department convocation on November 6, 2013.

I also did a follow up to my 2nd Annual Indian Cultural Society Lecture to members of the Indian Cultural Society on November 8, 2013. And that was sandwiched between attending the rehearsal and concert of Anoushka Shankar on Thursday, November 7 and Diwali, The Festival of Lights on Saturday, November 9, 2013.

On Saturday, November 16, I spoke about uses of social media and the future of the music industry at the IBS 2013 East Coast Regional Radio & Webcasting Conference at Simmons College in Boston.

On Monday, November 18, 2013 I spoke to students and faculty at the Harvard University Law School in Cambridge.

On Tuesday, November 19, 2013 I spoke to students and faculty at the Berklee College of Music in Boston.

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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:

Why do authors/creators copy lyrics?

They like the meaning of the lyrics.

They like the sound of the lyrics.

They like all or some of the lyrics’ surrounding melody, harmony, rhythms, instrumentation, loudness levels, sounds, etc. isolated or in combination and believe that the copied lyrics can connote the same or similar meanings or feelings as the original.

They believe the copied lyric will sound good/function well in the new work of authorship.

To pay tribute to or honor a lyricist/author and/or a lyricist/author’s specific expression.

To make a lyric/cultural reference – to “signify.”

To answer what the original lyrics may have addressed, i.e., the new use constitutes all or part of an answer song.

To give the borrowed lyrics new meaning by placing them in a new context.

To comment, criticize or ridicule the borrowed lyrics, i.e., parody.

To use the lyrics to comment, criticize or ridicule something other than the borrowed material, i.e., satire.

To draw attention to one’s own lyrics and/or music because the new author believes her/his new lyric is an improvement on the original source. The new author is asserting that if the original had been better, it would have been authored like this.

To draw attention to an “opportunity” to spend money on a product or service. This is especially common with lyrics and/or expression used in television commercials as the company wants to draw your attention before your eyes and/or ears leave the “messaging area.”

To draw inspire action that is not commercial in nature but instead a “call to duty,” engagement, action or involvement.

To draw attention to one’s own lyrics and/or expression (especially so if the borrowing occurs at the opening of the new work of authorship).

The borrower was capable of original expression but felt that borrowing from a few to many sources could result in original expression, i.e., the borrower aimed to make original expression out of earlier or contemporaneous expression.

It may have worked well the first time – it is a good lyric and will work again (which leads to the worst reasons for borrowing – the next few reasons;)

The borrower has run out of ideas and needs to borrow, copy or steal from elsewhere.

To ride the coattails of a better lyricist/author and/or better expression.

They borrow/copy accidentally, unconsciously or unintentionally, i.e., they believe their lyric was original and not borrowed.

The borrower was never capable of original expression and chose to copy others’ expression.

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The examples below can be divided into several parts:

Lyrics used as lyrics

Lyrics used as band names/artist names

Lyrics used as magazine name

Film titles used as band names

Lyrics used as name of organization

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1. Lyrics Used As Lyrics

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Isaac Hayes’ Shaft used in Pearl Jam’s Dirty Frank.

The Rolling Stones’ Get Off Of My Cloud used in SheDaisy’s Get Over Yourself.

James Brown Papa’s Got A Brand New Bag used in Mystikal’s Never Gonna Bounce.

Jimi Hendrix If 6 Was 9 used in Crosby, Stills, Nash & Young’s Almost Cut My Hair.

Jimi Hendrix If 6 Was 9 used in They Might Be Giants How Can I Sing Like A Girl.

S P E C I F I C A L L Y

the referenced lyrics and locations are:

Isaac Hayes’ Shaft – “you see this cat Shaft is a bad mother—-Shut your mouth!—well I’m talking about Shaft— we can dig it” – is heard between 3.21-3.28.

It is copied (and altered) in Pearl Jam’s Dirty Frank – “well that Dirty Frank was a bad mother—Shut your mouth!—hey man I’m just talking about Dirty Frank” – and heard between 1.47-1.52.

The Rolling Stones’ Get Off Of My Cloud – “get off of my cloud” is first heard at 0.43.

It is copied by SheDaisy’s Get Over Yourself and first heard at 0.50.

James Brown Papa’s Got A Brand New Bag – “Papa’s got a brand new bag” is first heard at 0.20. “Papa’s got a brand new bag” is used in Mystikal’s Never Gonna Bounce at 0.27-0.29.

Jimi Hendrix If 6 Was 9 – “but I’m gonna wave my freak flag high, high!” is heard at 1.42.

It is copied in Crosby, Stills, Nash & Young’s Almost Cut My Hair – “I feel like letting my freak flag…” and heard at 0.52.

Jimi Hendrix If 6 Was 9 – “but I’m gonna wave my freak flag high, high!” is heard at 1.42.

It is copied in They Might Be Giants’ How Can I Sing Like A Girl – “I want to raise my freak flag higher and higher and, I want to raise my freak flag…” is heard between 0.58-1.11 and 2.30-2.43.

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2. Lyrics Used As Names Of Bands

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Bob Dylan’s Ballad Of Frankie Lee And Judas Priest was used for band name, Judas Priest.

Talking Heads Radio Head was used for band name, Radiohead.

Queen’s Radio Ga Ga was used for artist name, Lady Gaga.

Tommie Johnson’s Canned Heat Blues was used for band name, Canned Heat.

Muddy Waters’ Rolling Stone was used for band name, The Rolling Stones.

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3. Lyrics Used As Magazine Name

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Muddy Waters’ Rolling Stone was used for magazine name, Rolling Stone.

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4. Movie Titles Used As Names Of Bands

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The film, Black Sabbath was used for the band name, Black Sabbath.

The film, All The Fine Young Cannibals was used for the band name, Fine Young Cannibals.

The film, Shaolin and Wu Tang was used for the band name, Wu-Tang Clan.

The film, They Might Be Giants was used for the band name, They Might Be Giants. In a very cool nod to the film, They Might Be Giants also wrote a song called, They Might Be Giants.

I love the closing scene of the film, They Might Be Giants.

“We may have to walk near dangers, close to awful things…“

Does justice ever lose?

It does from time to time…”

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5. Lyrics Used As Names Of Organizations

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Elvis Costello’s Poor Fractured Atlas – “poor fractured Atlas…” was used for nonprofit organization name, Fractured Atlas.

Much more about this subject at another time….

H A P P Y S U N D A Y E V E R Y O N E !

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July 30, 2013February 17, 2014

Piece of cake, copulating beetles & Paul McCartney attacks John Lennon

McCartney attacks Lennon. Lennon attacks McCartney. Later, there is peace (but only after “cake” became a 7-syllable word).

Q. When is “cake” a seven (7)-syllable word?

A. When Paul McCartney wants to attack John Lennon.

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This post came about because of this short article a friend posted on Facebook: The 30 Harshest Musician-on-Musician Insults in History. I believe the article missed the greatest, most effective and significant insults, and I am leaving aside even greater vitriol that has taken place throughout the centuries of Classical music/art music. (Wagner, anyone?)

There are some good insults (insults can be good?) found in this 30 Harshest post originally from August 15, 2011. I prefer the clever insults or those that really did more than state something as dunce-headed as, “your mother wears army boots.” Out of the thirty (30) in the post, my favorite is from Elvis Costello:

“Morrissey writes wonderful song titles, but sadly he often forgets to write the song.”

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I think the multifaceted insults cast from Paul McCartney to John Lennon and back are so better worth highlighting than any of the 30 contained in the Flavorwire.com post. How could the McCartney-Lennon feud have been omitted from the “30 Harshest?”

If one hasn’t studied the Beatles or been alive during the time of the Beatles (1964-1970, if one is American, and 1963-1970, or 1957-1970 if one is from the UK), then it is understandable that one missed out on these very good songs, barbs and photographs hurled from one side to the other. And not only did John and Paul have vitriol to cast at each other, the other two Beatles – George and Ringo – as well as many Beatles fans, also took sides.

As a band and as friends, it seemed that the Beatles would need to part ways, at least temporarily, at some point. They had recorded at least two great albums per year, released many great double A-sided singles in addition to those albums (The Beatles did not want to include their hit singles on their hit albums as they did not want to gouge the public and make them buy the same song twice – the opposite of The Beach Boys, for example), made movies, and toured frequently while consistently changing music and leading musicians and audiences in stunning new directions. (By double A-sided, I am referring to the fact that both songs on the single – the A-side and the B-side – were brilliant and either of them could have been the “A-side.” One of the best examples of a double A-side(d) single is “Strawberry Fields Forever” and “Penny Lane.” Which of those two songs should be the A-side?)

The Beatles also were very young during those times and would have needed time to simply live life. When The Beatles appeared on The Ed Sullivan Show on February 9, 1964, they ranged in age from 20 (George) to 21 (Paul) to 23 (John and Ringo).

____________________________________________________________________________

PHOTOGRAPHS

With the release of McCartney’s second solo (post-Beatles) album, Ram, the feud between Paul McCartney and John Lennon went public.

On the front cover of Ram, McCartney is holding a ram by the horns. Ram (front album cover)

Lennon responded. On the back cover of his album, Imagine, John mocked Paul by holding a pig by the ears. (John holding a pig by the ears)

On the back cover of Ram is a picture of two beetles copulating. (Notice the insect spelling, b-e-e-t-l-e, and not musicians spelling, B-e-a-t-l-e-s, which looks correct.) This is ripe for multiple interpretations. Is one beetle named “Paul?” Is one named “John?” Whose idea was it to use beetles rather than spiders or ants?

____________________________________________________________________________

MUSIC and WORDS

The opening song on Ram, Too Many People, is an attack on Lennon’s politically and socially critical obsessions as well as McCartney’s derision on Lennon’s importance in The Beatles.

Too many people going underground

Too many reaching for a piece of cake

Too many people pulled and pushed around…

McCartney was criticizing Lennon and those who were out to change society. “Underground” usually referred to those who were not “The Establishment,” the mainstream of society.

“Piece of cake” could refer to missing the main course and focusing on the more trivial sweet things – cake. “Piece of cake” often refers to the ease of a task – it is a piece of cake. Perhaps this is a further criticism of those who hadn’t put real effort into changing society. They went into the underground because so many others did, and that this foray into the underground was, by 1971, a shallow and less substantive venture.

“Pushed and pulled around” could also be a reference to the masses who wanted a piece of (not “cake” but) John Lennon and Paul McCartney as Beatles – they wanted them as BEATLES to join the undergournd and anti-war movements that were omnipresent. The Beatles, however, mostly avoided speaking (and singing) about Vietnam and the most pressing topics of the 1960’s. (Late-Beatles and especially post-Beatles, John would venture far into anti-war efforts and social movements of the times while the other Beatles did not. Here is Bed Peace starring John Lennon & Yoko Ono. This was released by Yoko in August 2011. It captures the spirit of John & Yoko’s “Bed-Ins,” the late 1960’s anti-war activism, as well as John and Yoko’s proclamation of peace (“War is over if you want it”). It is a wonderful historical artifact – the conversations with Dick Gregory and Tom Smothers were among my favorite parts of the film.)

The most strident and obvious attack on John came with the lines:

That was your first mistake

You took your lucky break and broke it in two

This was the lyric that went too far for many fans and unlike phrases such as “too many people going underground” or “too many people being pushed and pulled around,” this meaning was conspicuous and unmistakable. Paul McCartney seemed to be telling John Lennon and the entire world that The Beatles were a “lucky break” for John even though back in the 1950’s, John had asked Paul to join HIS band, and Paul joined JOHN’S band.

And to go a step further – Paul was asserting that John broke up the band. John “broke it in two.” The idea that a four-man band would break into two, rather than four solo parts, was significant to those in the inner circle of The Beatles but probably not yet to the outside world. The idea that The Beatles had broke into two factions would become clear to many when John released his Imagine album in September 1971.

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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.”

Too many people breaching practices

Don’t let them tell you what you want to be

At the end of the verse, McCartney might even cast the Beatles’ and Lennon’s problems as not all of John’s fault.

Too many people holding back

This is crazy and maybe it’s not like me

Perhaps important people are holding back and not able to help Lennon, The Beatles and their predicaments?

The situation is crazy and maybe it’s not like McCartney – no, perhaps Paul is stating that it is really not like him to be the one to level an attack on John (“maybe” was the only indecisive word of the song).

But perhaps this last note of possible positivity is an illusion. If Paul had only ended Too Many People at this point, the song would still be a strong personal attack on John “Lucky” Lennon but one that might have ended on an uptick. Instead, Paul now descends into “your girlfriend’s a dog, mine’s hot, and your mother wears army boots” territory as he saves his most personal and unnecessary sneer for the end.

That was your last mistake

I find my love awake and waiting to be

Now what can be done for you?

She’s waiting for me

Paul’s love is “awake” (enlightened?) and “waiting to be” (at peace and not being “pulled and pushed around”).

Paul saves the phrase, “to be,” for the final sections of Too Many People. Would a listener be reading too much into the twice-stated “to be” –

Don’t let them tell you what you want to be…

I find my love awake and waiting to be…

as possible references to Paul’s famous song, Let It Be, or a slight dig at John’s songwriting significance or ability? John might have seen it that way as John would, in turn, attack Paul and the significance and ability of his songwriting in a song on John Lennon’s next solo album, Imagine.

And as mentioned above George Harrison and Ringo Starr would also be involved in this war. To be continued…

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November 27, 2012May 25, 2014

I’ve Had The Time Of My Life & Do I Owe It All To Sandals.com Ripping Off The Beatles?

Yesterday (November 26, 2012) I posted about the Beatles, specifically, intros to Beatles songs. I ended yesterday’s post with this:

The Beatles amped up the strong, loud and cutting intro with the song, “Getting Better” from Sgt. Pepper’s Lonely Hearts Club Band. The intro to The Beatles’ Getting Better features strong sforzando guitar and keyboard again but this time, in addition, the strings of the piano are struck with mallets to make it an even more brittle, piercing sound. Because “Getting Better” has such a distinctive and unique intro, it could be used or imitated for special effect.

I heard (and saw) a commercial a few years ago that I knew immediately was a strong reference to the opening of The Beatles’ Getting Better. This commercial is still running and can be heard frequently on U. S. television stations, and as of last week, I have finally been able to find it on YouTube. Do you know the commercial to which I refer?

I’ll discuss it tomorrow. To me, this commercial is the essence of “reference” and “referencing” music, an important practice in contemporary advertising.

* * * * * * * * *

Now it’s tomorrow (almost a Ringo-ism).

The television commercial to which I have been referring is for Sandals.com. In the commercial, young good-looking people are taking vacations in tropical locations. (For nanosecond subliminal flashes, one also sees an elderly but healthy looking retired couple who might have escaped from their assisted living penitentiary and are also dancing on the beach. But they don’t count as we are lead to believe that these Sandals paradises are inhabited only by the young and beautiful.)

A famous song, “(I’ve Had) The Time Of My Life,” recorded by Bill Medley and Jennifer Warnes, that was featured in the finale of the 1987 film, “Dirty Dancing,” serves as the essential song of the commercial. If one didn’t know better, however, one might assume that the Sandals.com commercial is for a song entitled, “Do It All Again,” or

perhaps a medley/mashup of three (3) songs –

“Getting Better”

“(I’ve Had) The Time Of My Life”

“Do It All Again”

Listen to the introduction of both songs – The Beatles’ “Getting Better,” and the Sandals.com arrangement of “(I’ve Had) The Time Of My Life.” The forceful, repeated staccato chords. Do you think they sound the same? Similar? Not similar ? Not even remotely similar?

[PLEASE NOTE: Today, August 17, 2013, I discovered that the Sandals link below had been removed – it was suddenly “Private.” As of 11:30 AM Central, I found this new link of the same commercial.]

Sandals – Do It All Again

Listen especially to the opening fifteen (15) chords. Here it is again,

or to better fit into this context:

“Do it all again, do it all again. Do it, do it!”

Sandals – Do It All Again

Listen to the opening eight (8) chords of The Beatles – Getting Better. Here it is again:

The Beatles – Getting Better

Now:

Sandals – Do It All Again

The Beatles – Getting Better

* * * * * * * * *

Q U E S T I O N S

Does Sandals sound like The Beatles?

Does Sandals rip off The Beatles?

Does Sandals infringe The Beatles?

Does Sandals sound too much like The Beatles?

Is the Sandals/Beatles issue a copyright problem?

Is the Sandals/Beatles issue a right of publicity problem?

Is the Sandals/Beatles issue an unfair competition problem?

Would a listener/viewer think that The Beatles are associated in any way with Sandals?

Is there a Sandals/Beatles problem?

Should Sandals have to pay The Beatles?

Should the Sandals commercial be no longer broadcast (in order to remedy The Beatles)?

Should Sandals pay The Beatles and stop broadcasting the commercial?

* * * M O R E Q U E S T I O N S * * *

Is this practice of sounding like/referencing well-known songs common?

Is this practice of sounding like/referencing well-known songs in commercials common?

Is this practice of sounding like/referencing well-known songs problematic?

Is this practice of sounding like/referencing well-known songs in commercials problematic?

Is this practice of sounding like/referencing well-known songs the same as “copying?”

Is this practice of sounding like/referencing well-known songs in commercials the same as “copying?”

* * * * * * * * *

Instead of The Beatles and/or a famous song, substitute an unknown band signed to a small record label, and an unknown song, in all of the questions above.

Would this change any of the answers?

I have many more questions but this is enough. As always, I look forward to your response.

November 26, 2012February 11, 2014

Talk Amongst Yourselves, Turn Me On, Beatles One Louder, the Buttocks Bowl

This week is beginning perfectly. It is sunny up here on Wingaersheek Beach in Gloucester. Thanksgiving was a great one in Massachusetts as we New England Patriots fans owe gratitude to the New York Jets for their comic ineptness on Thanksgiving evening – I’m calling it the Butt Bowl – and projects of mine are getting completed. And I’ve been invited to speak about my work in copyright and intellectual property at the Harvard Law School again. All good things.

* * * * * * * *

How can you get one’s attention? Play a Beatles recording. Play something loud and very noticeable. Maybe the intro to a Beatles song. If one wants to hear a loud, striking, very original opening of a Beatles song, one that will really hit the ear, there is one song that WILL not do it. It would be the WORST BEATLES SONG, worst only in terms of making a listener notice. What is the Beatles song LEAST likely to get one’s attention? “Eight Days A Week.” Remember how Eight Days A Week by The Beatles opens? It can be heard here Eight Days A Week by The Beatles or back in the last sentence.

It……………….f a d e s…..i n……..

shhhhhhh….shh….sh… and now you HEAR IT!

That was an amazing stunt way back in 1964. It was the first time I had heard a recording that faded in. Songs fading out were common but this fade-in was really fun and another innovation (of many) by the Beatles.

But the subject of this post is getting someone’s attention loudly and at the opening, and a Beatles song that does both. I want a song that is LOUD and NOTICEABLE and unlike any other Beatles song and I want the LOUD and NOTICEABLE and UNIQUE to happen immediately. Right at the opening.

The Beatles’ She’s A Woman is a song that is loud, distinctive and original at the opening. The song is notable for a few other reasons too. Structurally it is often a 12-bar blues (0.10-0.42; 0.43-1.14; 1.20-1.52), with an instrumental 6-bar blues (1.53-2.09), and two (2) 2-bar bridges – the first at 1.15-1.20, the second at 2.09-2.14. A 2-bar bridge, you say? And the 2-bar bridge contains the words, “she’s a woman.” !?! If the 2-bar bridge contains the title, “She’s A Woman,” wouldn’t it be a chorus and not a 2-bar bridge? In the words of Linda Richman… Talk amongst yourselves.

The opening of “She’s A Woman” features loud piano and guitar in unison playing the same staccato chords. When the bass and drums enter, it becomes clear that what the guitar and piano had been playing, what seemed like downbeats, were really upbeats! A very cool deceptive trick. A deception as to where you count 1, 2, 3 and 4. If you were dancing at the opening of the song, your dancing had to change a bit as your perception of the beat changed.

The opening chord – what one thought was the “tonic” chord, the most important, central chord, hierarchically, to all of the other chords – the “I chord” (pronounced, “One” chord) – was really the “V chord” (pronounced, “Five” chord), another fun deception.

I think that “She’s A Woman” was the first time the Beatles hinted at drug use. Three times in “She’s A Woman” Paul sings, “turn me on when I get lonely” – at 0.32, at 1.42 and finally at 2.36. It was not obvious in 1964-65 that “turn me on” referred to drug use, however. Some people knew this but “turn me on” was not yet in the public lexicon.

She’s A Woman also contains the worst lyric the Beatles may have ever written –

“My love don’t give me presents. I know that she’s no peasant.”

Huh? “Peasant?” I wish Paul hadn’t pursued the giving “presents” line as then he wouldn’t need a rhyme, and wouldn’t have to relate that he knows his woman is not a “peasant.” Of all the things I’ve ever heard ascribed to any woman, “peasant” has never been one!

* * * * * * * *

I’ll discuss it tomorrow. To me, this commercial is the essence of “reference” and “referencing” music, an important practice in contemporary advertising.

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