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Endnotes

 

Page 2:

Image (piano player)

Giovanni Boldini (Italian, 1842-1931), The Pianist Alexandre Rey Colaço at the Piano (also called The Pianist A. Rey Colaco), 1883

 

Page 11:

Musical contests

Michael W. Carroll, “Whose Music Is It Anyway?: How We Came To View Musical Expression as a Form of Property,” University of Cincinnati Law Review 72(4) (2004), pp.1428–1431; Curt Sachs, The Rise of Music in the Ancient World: East and West (W.W. Norton & Company, Inc., 1943), p.271

 

Page 12:

The earliest notation we know of comes from long before this—1400 BC in Mesopotamia.

Music in Antiquity: The Near East and the Mediterranean (Joan Goodnick Westenholz et al. eds., Walter De Gruyter Inc., 2014), p.365

That’s a hymn to Apollo. The marks above the letters indicate the melody.

Delphic Hymns,” Wikipedia

This is a 2nd century AD Roman scroll of a Greek song. But it gives us an idea of what Greek music was like.

William A. Johnson, “Musical Evenings in the Early Empire: New Evidence from a Greek Papyrus with Musical Notation,” The Journal of Hellenic Studies, vol. 120 (2000), pp.57–85; also William A. Johnson, "Fragments of Ancient Greek Songs from the Early Empire: P.YaleCtYBR inv. 4510," Department of Classical Studies, Duke University

The small symbols above the text are notes; the lines, the rhythm.

William A. Johnson, “Musical Evenings in the Early Empire: New Evidence from a Greek Papyrus with Musical Notation,” The Journal of Hellenic Studies, vol. 120 (2000), pp.57–85; also William A. Johnson, "Fragments of Ancient Greek Songs from the Early Empire: P.YaleCtYBR inv. 4510," Department of Classical Studies, Duke University

Image (papyrus)

http://people.duke.edu/~wj25/music%20site/yale/index.html

 

Page 13:

Image (papyrus)

http://people.duke.edu/~wj25/music%20site/yale/index.html

 

Page 14:

Image (inscription)

https://en.wikipedia.org/wiki/File:Delphichymn.jpg

 

Page 15:

Thy brother, this ill-starred Orestes who slew his mother!
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. . .Go pour round Clytemnestra’s tomb a mingled cup of honey, milk, and frothing wine. . .

Euripides, Orestes, in Daniel C. Stevenson, The Internet Classics Archive (1994–2009) (E.P. Coleridge trans., Web Atomics, 2009) (408 BCE)

There’s a fragment from Orestes.

Curt Sachs, The Rise of Music in the Ancient World: East and West (W.W. Norton & Company, Inc., 1943), p.269

 

Page 16:

“musical innovation is full of dangers to the whole state.”

Plato, The Republic, in Daniel C. Stevenson, The Internet Classics Archive (1994–2009) (Benjamin Jowett trans., Web Atomics, 2009) (360 BCE)

 

Page 17:

“This is the point to which, above all, the attention of our rulers should be directed,—that music and gymnastic be preserved in their original form, and no innovation made. They must do their utmost to maintain them intact. And when any one says that mankind most regard ‘the newest song which the singers have,’ they will be afraid that he may be praising, not new songs, but a new kind of song; and this ought not to be praised, or conceived to be the meaning of the poet; for any musical innovation is full of danger to the whole state, and ought to be prohibited. So Damon tells me, and I can quite believe him;—he says that when modes of music change, those of the State always change with them.”

Plato, The Republic, in Daniel C. Stevenson, The Internet Classics Archive (1994–2009) (Benjamin Jowett trans., Web Atomics, 2009) (360 BCE)

Image (Plato and Aristotle)

Raffaello Sanzio (Raphael), The School of Athens (fresco in Stanza della Segnature, Apostolic Palace, Rome) (detail), 1509

Image (background inscription)

https://en.wikipedia.org/wiki/File:Delphichymn.jpg

 

Page 19:

A 2:1 ratio makes the interval of an octave.
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The Greeks used familiar concepts such as “notes” that correspond to a particular pitch, and “intervals”—the space between notes—which Pythagoras derived from mathematical ratios.
-----
The Greeks also had unique concepts such as the “tetrachord,” which was a basic musical unit, like the octave today.
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A tetrachord is a group of four pitches. The outer pitches are fixed and always span a “perfect fourth”
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Greek theorists combined tetrachords to make different scales or modes (the Greeks used the terms “harmonai” and “tonoi”) that determined the notes you would hear in a piece of music.
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Ptolemy’s Dorian Mode
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[Greek tetrachord illustration]
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A ‘perfect fourth’

Thomas J. Mathiesen, Apollo’s Lyre: Greek Music and Music Theory in Antiquity and the Middle Ages (University of Nebraska Press, 1999), p.12; see also J. Peter Burkholder, Donald Jay Grant, and Claude V. Palisca, A History of Western Music, 9th Edition (W.W. Norton, 2014), chap. 1 "Music in Antiquity"

Image (Pythagoras))

https://commons.wikimedia.org/wiki/File:Pythagoras_in_Thomas_Stanley_History_of_Philosophy.jpg

 

Page 20:

“Warlike, to sound the note or accent which a brave man utters in the hour of danger and stern resolve”
----
“To be used … in times of peace and freedom of action, when there is no pressure of necessity … when by prudent conduct he has attained his end, not carried away by his success, but acting moderately and wisely under the circumstances, and acquiescing in the event.”
-----
“Soft or drinking harmonies”; “Drunkenness and softness and indolence are utterly unbecoming the character of our guardians”

Plato, The Republic, in Daniel C. Stevenson, The Internet Classics Archive (1994–2009) (Benjamin Jowett trans., Web Atomics, 2009) (360 BCE)

“Provides a moderate and settled temper … all men agree that the Dorian music is the gravest and manliest.”
-----
“Inspires enthusiasm … Bacchic frenzy and all similar emotions … are better set to the Phrygian than to any other mode.”
-----
“Enfeeble[s] the mind”

Aristotle, Politics, in Daniel C. Stevenson, The Internet Classics Archive (1994–2009) (Benjamin Jowett trans., Web Atomics, 2009) (350 BCE)

“There remain then only the lyre and the harp for use in the city, and the shepherds may have a pipe in the country.”

Plato, The Republic, in Daniel C. Stevenson, The Internet Classics Archive (1994–2009) (Benjamin Jowett trans., Web Atomics, 2009) (360 BCE)

Image (aulos player)

https://commons.wikimedia.org/wiki/File:Banquet_Euaion_Louvre_G467_n2.jpg

Image (lyre (kithara) player)

https://commons.wikimedia.org/wiki/File:Woman_kithara_CdM_581.jpg

 

Page 24:

Pax Vobiscum

“Peace be with you,” Merriam-Webster

Quod erat demonstrandum

“Which was to be shown,” Merriam-Webster

 

Page 25:

…Pippin III, sometimes known as “Pépin Le Bref,” or “Pippin the Short.”

Eleanor Shipley Duckett, “Pippin III: King of the Franks,” Encyclopedia Britannica (May 25, 2010)

 

Page 26:

That is the pope’s “School of Singers.” The “Schola Cantorum.” Pope Stephen II brought them with him to visit Pippin.

Mary E. Ober, “The Role of Chrodegang of Metz (712–766) in the Formation of Western Plainchant” (Feb. 3, 2006) (M.A. thesis, University of Pittsburgh), pp.1, 5–6

St. Augustine said he worried about the pleasure he got singing, but he also thought music could bring sinners to God.

Mary Gosselink de Jong, “‘Both Pleasure and Profit’: William Billings and the Uses of Music,” The William and Mary Quarterly 42(1) (Jan. 1985), p.110

The Church scorned instrumental music, a distraction from the Gospel message.

Edward Dickinson, Music in the History of the Western Church (Charles Scribner’s Sons, 1902), pp.54–56

 

Page 28:

He actually created the position of “King of the Franks” by getting the pope to bless his election.

Eleanor Shipley Duckett, “Pippin III: King of the Franks,” Encyclopedia Britannica (May 25, 2010)

After this visit, he declared the Roman liturgy and music to be the only official version in his kingdom. He even tried to stamp out local rites and music.
-----
…A process that Charlemagne continued.

Richard L. Crocker, A History of Musical Style (Dover Publications, 1986) (1966), pp.1–2

 

Page 29:

The irony was that notation had died out. It had to be reinvented – which it was over the next hundred years or so. And a lot of scholars think…
-----
…That it was invented to exert control! To make sure people were all singing the same tune. Literally!

Nemesio Valle, III, “A Coalescence of Liturgical Consensus on the Chants for the Mass for the Dead from Its Origins through the Fourteenth Century” (Mar. 28, 2011) (PhD. dissertation, University of Pittsburgh), pp.95–103

Image (Guidonian Hand)

https://upload.wikimedia.org/wikipedia/commons/archive/8/8d/20141215191736%21Guidonian_hand.jpg

 

Page 31:

“A true lover considers nothing good except what he thinks will please his beloved. Love can deny nothing to love.” That’s Capellanus’ De Amore.

The Portable Medieval Reader (James Bruce Ross and Mary Martin McLaughlin eds., Penguin Books, 1977) (1949), p.115, extract from Andreas Capellanus, The Art of Courtly Love (J.J. Parry trans., Columbia University Press, 1941); see also University of Baltimore, Arts and Ideas (2005)

Of course, he also claimed all women were shallow, envious, and slanderous, and advised taking peasant women by force, if the urge came upon you.

University of Baltimore, Arts and Ideas (2005)

 

Page 32:

Actually, there were female troubadours, they called them “trobairises.” In the late 1100s and 1200s they were writing and performing music for the aristocracy of what’s now France.

Karen Ralls, Medieval Mysteries: A Guide to History, Lore, Places and Symbolism (Ibis Press, 2013), p.160–161

A chanter m’er de so qu’ieu non volria…

Fredric L. Cheyette and Margaret Switten, “Women in Troubadour Song: Of the Comtessa and the Vilana,” Women & Music 2(1998), pp.26, 32–33

 

Page 33:

Though the ideas of courtly love have been around for over 300 years…

Mary J. O’Neill, Courtly Love Songs of Medieval France: Transmission and Style in the Trouvère Repertoire (Oxford University Press, 2006), p.2

Totz jois li deu humeliar e tota ricors obezir, Midons, per son bel acuillir e per son dous plazent esgar… (Every joy must lower itself and all royalty obey my lady, because of her kindness and of her sweet pleasant visage)

Leonardo Malcovati, Prosody in England and Elsewhere: A Comparative Approach (Gival Press, 2006), also available at http://www.trobar.org/troubadours/coms_de_peiteu/guilhen_de_peiteu_09.php

 

Page 34:

That song is over 300 years old, even now. Joyfully, I Set Myself to Love, by William the 9th of Aquitaine. William the Troubadour they called him.

Svetlana A. Yatsyk, “Feudal Formulas in Love Lyrics of William IX of Aquitaine,” Higher School of Economics Research Paper No. WP BRP 74/HUM/2014 (Nov. 19, 2014)

He was fond of…boasting about his exploits…in one song he pretended to be mute, so two ladies would think he couldn’t reveal their secrets. Then…

Leonardo Malcovati, Prosody in England and Elsewhere: A Comparative Approach (Gival Press, 2006), also available at http://www.trobar.org/troubadours/coms_de_peiteu/guilhen_de_peiteu_05.php

 

Page 35:

Allegiez moy, doulce plaisant brunette, ou Jesus Crist volt prendre char humaine…
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That’s Molinet’s Oroison a Nostre Dame – The Prayer to Our Lady.

Andrew Kirkman, The Cultural Life of the Early Polyphonic Mass: Medieval Context to Modern Revival (Cambridge University Press, 2010), p.48

The funny thing is, the first and last lines of each verse are actually taken from popular songs…secular songs.
-----
…the Virgin Mary as a “sweet pleasing brunette.”
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Allegiez moy, doulce plaisant brunette, desous la boudinette – Soothe me, sweet pleasant brunette, just below the…

M. Jennifer Bloxam, “A Cultural Context for the Chanson Mass,” in Early Musical Borrowing (Honey Meconi ed., Routledge, 2004), p.20–21

 

Page 39:

Musical printing was first used in the 1470s, and really caught on during the 1500s.

Mary Kay Duggan, Italian Music Incunabula: Printers and Type (University of California Press, 1992), p.74

…Where printer Ottaviano Petrucci is about to get a “patent.”

Mary Kay Duggan, Italian Music Incunabula: Printers and Type (University of California Press, 1992), p.39

 

Page 40:

Il n’y a pas de hors-texte. (‘There is no outside-text.’)

Jacques Derrida, Of Grammatology (Gayatri Chakravorty Spivak trans., Johns Hopkins University Press, 1976), pp.158–159; original Jacques Derrida, De la grammatologie (Éditions de Minuit, 1967)

 

Page 41:

Not the music. Printing musical scores was hard in the 15th & 16th centuries. Petrucci had an intricate but accurate way to do it. He asked for a 20 year monopoly over all musical printing in Venice as a reward.
-----
Ottaviano dei Petrucci of Fossombrone…a very ingenious man, has, at great expense and with most watchful care, invented what many, not only in Italy but also outside of Italy, have attempted in vain, which is to print, most conveniently, figured music: and in consequence even more easily plainchant: a thing very important to the Christian religion…

Ottaviano Petrucci’s Music Patent, Venice (1498),” Primary Sources on Copyright (1450–1900) (L. Bently and M. Kreschmer eds., Joanna Kostylo trans., www.copyrighthistory.org) [scanned from the ms. held in the Venetian State Archives: ASV, reg. 14, fol. 170r]

 

Page 42:

[Petrucci pleads that the Signory] Accord him, as first inventor, a special grace, that, for twenty years no other be empowered to print figured music in the land subject to your Signory…nor to import said things, printed outside in any other place whatsoever.

Ottaviano Petrucci’s Music Patent, Venice (1498),” Primary Sources on Copyright (1450–1900) (L. Bently and M. Kreschmer eds., Joanna Kostylo trans., www.copyrighthistory.org) [scanned from the ms. held in the Venetian State Archives: ASV, reg. 14, fol. 170r]

 

Page 43:

Until this, most music was played from memory.

Blake Wilson, “Canterino and Improvvisatore: Oral Poetry and Performance,” in The Cambridge History of Fifteenth-Century Music (Anna Maria Busse Berger and Jesse Rodin eds., Cambridge University Press, 2015), p.292, also available at Dickinson Scholar

 

Page 45:

[Justice Silence:] For women are shrews, both short and tall: ’Tis merry in hall when beards wag all; And welcome merry Shrovetide. Be merry, be merry.

Ross W. Duffin, Shakespeare’s Songbook (W.W. Norton & Company, 2004), p.63

 

Page 46:

Though Di Lasso did turn a song called You 15 Year Old Girls into a mass called Entre Vous Filles.

Enrique Alberto Arias, Comedy in Music: A Historical Bibliographical Resource Guide (Greenwood Press, 2001), p.17

You girls, fifteen years old, don’t come to get water at the fountain, because you have darling eyes, pert breasts, laughing mouths…

Goldberg: Early Music Magazine no.22–25 (Goldberg, 2003), p.33

…To protect the work “in which he has invested his life’s blood.”

James Haar, “Orlando di Lasso, Composer and Print Entrepreneur,” in Music and the Cultures of Print (Kate van Orden ed., Garland Publishing, 2000), p.141

So Di Lasso got the exclusive right to say who printed his work, or if his work got printed at all. But he was the exception. Hardly any composers had anything comparable. Di Lasso got his privileges in the 1570s.

James Haar, “Orlando di Lasso, Composer and Print Entrepreneur,” in Music and the Cultures of Print (Kate van Orden ed., Garland Publishing, 2000), p.135

 

Page 47:

And it wasn’t until 1710 that the first copyright statute was passed – the “Statute of Anne” gave authors a legal right over their creations.

Karl-Erik Tallmo, The History of Copyright: A Critical Overview with Source Texts in Five Languages (unpublished book, www.copyrighthistory.com); “Statute of Anne, London (1710),” Primary Sources on Copyright (1450–1900) (L. Bently and M. Kretschmer eds., www.copyrighthistory.org) [scanned from the parchment copy in the UK Parliamentary Archives]; alsoA Bill for Encouragement of Learning, London (1710),” Primary Sources on Copyright (1450–1900) (L. Bently and M. Kretschmer eds., www.copyrighthistory.org) [source: Lincolns Inn Library (MP102, Fol.98)]

Statute of Monopolies of 1624

Statute of Monopolies, Westminster (1624),” Primary Sources on Copyright (1450–1900) (L. Bently and M. Kretschmer eds., www.copyrighthistory.org) [scanned from the parchment copy in the UK Parliamentary Archives]

 

Page 48:

Johann Christian Bach was the 18th child of Johann Sebastian Bach. They called him the “English Bach.”

Michael Kennedy and Joyce Bourne Kennedy, “Bach, Johann Christian,” The Oxford Dictionary of Music (Tim Rutherford-Johnson ed., 6th ed., Oxford University Press, 2013), p.41

 

Page 49:

[Bach v Longman, 2 Cowper 623 (1777)] “Music is a science; it may be written; and the mode of conveying the ideas, is by signs and marks. A person may use the copy by playing it, but he has no right to rob the author of the profit, by multiplying copies and disposing of them for his own use….There is no colour for saying that music is not within the Act.”

Martin Kretschmer and Friedemann Kawohl, “The History and Philosophy of Copyright,” in Music and Copyright, Second Edition (Lee Marshall and Simon Frith eds., Routledge, 2006) (2004), p.35; alsoBach v. Longman, London (1777),” Primary Sources on Copyright (1450–1900) (L. Bently and M. Kretschmer eds., www.copyrighthistory.org) [source: Lincolns Inn Library]; “Bach versus Longman et Al.,” The English Reports: King’s Bench Division, vol. 98 (William Green & Sons 1909), pp.1274–1275

…Didn’t do him much good. He died penniless a few years later. His creditors tried to sell his body to medical schools to cover his debts.

Michael W. Carroll, “The Struggle for Music Copyright,” Florida Law Review 57(4) (Sept. 2005), p.945, citing Frederic M. Scherer, Quarter Notes and Bank Notes: The Economics of Music Composition in the Eighteenth and Nineteenth Centuries (Princeton University Press, 2004), p.175

 

Page 52:

Georg Friedrich Handel (1685–1759)

“Handel, George Frideric,” The Oxford Dictionary of Music, 2nd ed. rev./Oxford Music Online (Michael Kennedy ed., Oxford University Press), available by subscription at http://www.oxfordmusiconline.com/subscriber/article/opr/t237/e4682; see alsoGeorge Frideric Handel,” Wikipedia

Borrowed from Astorga, Bononcini, Carissimi, Cavalli…Kerll, Kuhnau, Legrenzi…Stradella, Telemann, Urio

Percy Robinson, “Was Handel a Plagiarist?” The Musical Times 80(1158) (Aug. 1939), pp.573–577, available by subscription at http://www.jstor.org/stable/923914; see also Mary Ann Parker, G.F. Handel: A Guide to Research, 2nd edition (Routledge, 2005), p.131

And He shall reign for ever and ever…

George Frederick Handel, Hallelujah Chorus (Hymnary.org)

Ludwig van Beethoven (1770–1827)

Joseph Kerman et al., “Beethoven, Ludwig van,” Grove Music Online/Oxford Music Online (Oxford University Press), available by subscription at http://www.oxfordmusiconline.com/subscriber/article/grove/music/40026; see alsoLudwig van Beethoven,” Wikipedia

Yes, which Beethoven quoted in Missa Solemnis.

Amy Carr-Richardson, “Handel’s Messiah as Model and Source for Beethoven’s Missa Solemnis,” Musicological Explorations 13(2012), pp.96–97

Handel only managed to compose Messiah so fast because he borrowed from his own prior secular work.

Dennis Shrock, Choral Repertoire (Oxford University Press, 2009), p.328

…And a very similar phrase reappears in Mahler’s First Symphony

Raymond Knapp, Symphonic Metamorphoses: Subjectivity and Alienation in Mahler’s Re-Cycled Songs (Wesleyan University Press, 2003), pp.2, 200

Stravinsky’s opera Oedipus Rex parodied Handel.

Theodore Ziolkowski, Classicism of the Twenties: Art, Music, and Literature (The University of Chicago Press, 2015), p. 84–85

Parodeia is Greek for “a song sung alongside another.”

Parodeia,” The New Encyclopedia Britannica, vol. 26, 15th Edition (Encyclopedia Britannica, 1974), p.768

Igor Stravinsky (1882–1971)

Stephen Walsh. “Stravinsky, Igor,” Grove Music Online/Oxford Music Online (Oxford University Press), available by subscription at http://www.oxfordmusiconline.com/subscriber/article/grove/music/52818; see alsoIgor Stravinsky,” Wikipedia

A good composer does not imitate; he steals.

See, for example, John Oswald, “Bettered by the Borrower: The Ethics of Musical Debt,” in Audio Culture: Readings in Modern Music (Christoph Cox and Danier Warner eds., University of Michigan Press, 2004), p. 136
  Various formulations of this quote have been attributed not only to Igor Stravinsky, but also to T.S. Eliot, William Faulkner, Pablo Picasso, Lionel Trilling, and even Steve Jobs—so fittingly the quote itself has been borrowed (or independently created and echoed) over time. For more detail on these iterations, see this entry in Garson O’Toole’s Quote Investigator.

The owners of Happy Birthday agreed! They complained that Stravinsky used it in a fanfare.

Kembrew McLeod, Freedom of Expression®: Resistance and Repression in the Age of Intellectual Property, (University of Minnesota Press, 2007), p.18, citing D. Ewen, “Yanks Sing this Song Most Often,” Variety, Jan. 8, 1969, p.4; E. Blau, “The antics of Schickele and Borge,” New York Times, Dec. 26, 1986, p.C3; N. Lebrecht, “Echoes Strike a Chord,” Daily Telegraph (London), May 11, 1996, p.7

Stravinsky’s The Rite of Spring was used by Berio.

Andrew Ford, Illegal Harmonies: Music in the Modern Age (Black Inc., 2011) (2002)

 

Page 53:

Johannes Brahms (1833–1897)

George S. Bozarth and Walter Frisch, “Brahms, Johannes,” Grove Music Online/Oxford Music Online (Oxford University Press), available by subscription at http://www.oxfordmusiconline.com/subscriber/article/grove/music/51879; see alsoJohannes Brahms,” Wikipedia

Brahms’s First Symphony was so similar to Beethoven’s music…
-----
…That one conductor called it “Beethoven’s Tenth.”
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…every jackass hears as much!

Jan Swafford, Johannes Brahms: A Biography (Vintage, 1999) (1997), p.404

Gustav Mahler (1860–1911)

Peter Franklin, “Mahler, Gustav,” Grove Music Online/Oxford Music Online (Oxford University Press), available by subscription at http://www.oxfordmusiconline.com/subscriber/article/grove/music/40696; see alsoGustav Mahler”, Wikipedia

And then Mahler’s Third Symphony quoted from Brahms’s First
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…which had borrowed from Beethoven!

Kembrew McLeod and Peter DiCola, Creative License: The Law and Culture of Digital Sampling (Duke University Press, 2011), p.45

Luciano Berio (1925–2003)

David Osmond-Smith and Ben Earle, “Berio, Luciano,” Grove Music Online/Oxford Music Online (Oxford University Press), available by subscription at http://www.oxfordmusiconline.com/subscriber/article/grove/music/02815; see alsoLuciano Berio,” Wikipedia

And then the postmodern composer Berio borrowed directly from the Scherzo movement of Mahler’s Second

Thomas Peattie, Gustav Mahler’s Symphonic Landscapes (Cambridge University Press, 2015), pp.1–7

 

Page 54:

“Borrowing is permissible; but one must return the object borrowed with ‘interest’”

Bruce Ellis Benson, “Creatio ex improvisatione: Chrétien on the Call,” in Music and Transcendence (Férdia J. Stone-Davis ed., Routledge, 2015), p.59, citing Johann Mattheson, Der vollkommene Capellmeister (Ernest Charles Harriss trans., UMI Research Press, 1981), p.298

1739 – Mattheson’s The Perfect Chapel Master

Johann Mattheson,” Encyclopedia Britanica, Mar. 22, 2007

“By the early 19th century Handel stood accused of plagiarism for practices that seem today like particularly excellent examples of what had been a long and distinguished tradition of creatively reshaping borrowed material.”

J. Peter Burkholder, “Borrowing,” Grove Music Online/Oxford Music Online (Oxford University Press), available by subscription at http://www.oxfordmusiconline.com/subscriber/article/grove/music/52918pg9; see also Henry T. Finck, “The Noble Contempt for Melody,” The Etude 32(7) (July 1914), p.488

 

Page 56:

Arrangement: Arranging a composition for another style or medium.

Malcolm Boyd, “Arrangement,” Grove Music Online/Oxford Music Online (Oxford University Press), available by subscription at http://www.oxfordmusiconline.com/subscriber/article/grove/music/01332; see alsoArrangement,” Wikipedia; “Arrangement,” Encyclopedia Britannica, July 20, 1998

Bach did this repeatedly to Vivaldi’s work.

Michael Talbot, “Vivaldi, Antonio,” Grove Music Online/Oxford Music Online (Oxford University Press), available by subscription at http://www.oxfordmusiconline.com/subscriber/article/grove/music/40120pg5; see alsoMusicologist says Mozart, Bach ‘borrowed,’ UPI, May 31, 1985

Cantus firmus: A pre-existing tune that is used as the basis for a new polyphonic work.

M. Jennifer Bloxam, “Cantus firmus,” Grove Music Online/Oxford Music Online (Oxford University Press), available by subscription at http://www.oxfordmusiconline.com/subscriber/article/grove/music/04795; see alsoCantus firmus,” Wikipedia; “Cantus firmus,” Encyclopedia Britannica, July 20, 1998

Josquin Des Prez

Patrick Macey, et al., “Josquin des Prez,” Grove Music Online/Oxford Music Online (Oxford University Press), available by subscription at http://www.oxfordmusiconline.com/subscriber/article/grove/music/14497pg12; see alsoJosquin des Prez,” Wikipedia

 

Page 57:

Parody: Evoking another musical work in a humorous or satirical way.

Michael Tilmouth, “Parody (ii),” Grove Music Online/Oxford Music Online (Oxford University Press) available by subscription at http://www.oxfordmusiconline.com/subscriber/article/grove/music/20938; see alsoParody music,” Wikipedia; “Parody,” Merriam-Webster

Quotation: Using a brief quote of another tune in order to conjure up the original, humorously, as homage, or to evoke an emotion.

J. Peter Burkholder, “Quotation,” Grove Music Online/Oxford Music Online (Oxford University Press), available by subscription at http://www.oxfordmusiconline.com/subscriber/article/grove/music/52854; see alsoMusical quotation,” Wikipedia; Christopher Ballantine, “Charles Ives and the Meaning of Quotation in Music,” The Musical Quarterly 65(2) (Apr. 1979), pp.167–184

Modeling: Taking a prior work as the structure or pattern for a new one.

J. Peter Burkholder, “Modelling,” Grove Music Online/Oxford Music Online (Oxford University Press), available by subscription at http://www.oxfordmusiconline.com/subscriber/article/grove/music/5308

Mozart parodied his contemporaries, but then his own Magic Flute was parodied.

[Mozart parodying contemporaries] David Lindsey Clark, Appraisals of Original Wind Music: A Survey and Guide (Greenwood Press, 1999), p.59; Alfred Einstein, Mozart: His Character, His Work (Arthur Mendel and Nathan Broder trans., Oxford University Press, 1945), p.179; [Magic Flute parodied] Michael Freyhan, The Authentic Magic Flute Libretto (Scarecrow Press, 2009), p.63

Tchaikovsky’s 1812 Overture conjures up the Russian and French armies by quoting their national anthems…

Susan P. Conner, The Age of Napoleon (Greenwood Press, 2004), p.159 (n.19); William E. Studwell, The Americana Song Reader (The Haworth Press, 1997), p.66

John Williams’ Empire Theme for Star Wars was modeled on Holst’s The Planets.

Ted Libbey, “Gustav Holst’s Peerless ‘Planets’,” NPR Music, June 16, 2009; Jeremy Orosz, “John Williams: Paraphraser or Plagiarist?,” Journal of Musicological Research 34(4) (2015), pp.311–317; Alex Ross, “Listening to ‘Star Wars’,” The New Yorker, Jan. 1, 2016

 

Page 60:

Timeline: Renaissance: 1400–1600

Erwin Panofsky, “Renaissance and Renascences,” The Kenyon Review 6(2) (Spr. 1944), pp.201–236; available by subscription at http://www.jstor.org/stable/4332493; see alsoRenaissance music,” Wikipedia; J. Peter Burkholder, Donald Jay Grout, and Claude V. Palisca, A History of Western Music, 8th Edition (W.W. Norton, 2010), p.148; Willi Apel, “Renaissance, music of the,” Harvard Dictionary of Music, 2nd Edition (The Belknap Press, 1972), p.724 [andHistory of music,” p.387]

 

Page 61:

Erwin Panofsky, “Renaissance and Renascences,” The Kenyon Review 6(2) (Spr. 1944), pp.201–236; available by subscription at http://www.jstor.org/stable/4332493; see alsoRenaissance music,” Wikipedia; J. Peter Burkholder, Donald Jay Grout, and Claude V. Palisca, A History of Western Music, 8th Edition (W.W. Norton, 2010), p.148; Willi Apel, “Renaissance, music of the,” Harvard Dictionary of Music, 2nd Edition (The Belknap Press, 1972), p.724 [andHistory of music,” p.387]

Timeline: Baroque: 1600–1750

Willi Apel, “Baroque music,” Harvard Dictionary of Music, 2nd Edition (The Belknap Press, 1972), p.82 [andHistory of music,” p.387]; “Baroque music,” Wikipedia; see generally Jon Paxman, Classical Music 1600–2000: A Chronology (Omnibus Press, 2014)

1575: Composer’s Printing Privilege
-----

Di Lasso was one of the first composers to get a printing privilege.

James Haar, “Orlando di Lasso, Composer and Print Entrepreneur,” in Music and the Cultures of Print (Kate van Orden ed., Garland Publishing, 2000), p.135

 

Page 62:

Timeline: Baroque: 1600–1750

Willi Apel, “Baroque music,” Harvard Dictionary of Music, 2nd Edition (The Belknap Press, 1972), p.82 [andHistory of music,” p.387]; “Baroque music,” Wikipedia; see generally Jon Paxman, Classical Music 1600–2000: A Chronology (Omnibus Press, 2014)

“The type of borrowing practiced in the Baroque era that has seemed most foreign to later centuries was the re-use or reworking of entire pieces….”

J. Peter Burkholder, “Borrowing,” Grove Music Online/Oxford Music Online (Oxford University Press), available by subscription at http://www.oxfordmusiconline.com/subscriber/article/grove/music/52918pg9

1624: Statute of Monopolies

Statute of Monopolies, Westminster (1624),” Primary Sources on Copyright (1450–1900) (L. Bently and M. Kretschmer eds., www.copyrighthistory.org) [scanned from the parchment copy in the UK Parliamentary Archives]

1710: Statute of Anne

Statute of Anne, London (1710),” Primary Sources on Copyright (1450–1900) (L. Bently and M. Kretschmer eds., www.copyrighthistory.org) [scanned from the parchment copy in the UK Parliamentary Archives]; see alsoA Bill for Encouragement of Learning, London (1710),” Primary Sources on Copyright (1450–1900) (L. Bently and M. Kretschmer eds., www.copyrighthistory.org) [source: Lincolns Inn Library (MP102, Fol.98)]

 

Page 63:

Timeline: Baroque: 1710–1750

Willi Apel, “Baroque music,” Harvard Dictionary of Music, 2nd Edition (The Belknap Press, 1972), p.82 [andHistory of music,” p.387]; “Baroque music,” Wikipedia; see generally Jon Paxman, Classical Music 1600–2000: A Chronology (Omnibus Press, 2014)

Bach would arrange other people’s works for different instruments appropriate for a new setting.

Christoph Wolff, et al., “Bach,” Grove Music Online/Oxford Music Online (Oxford University Press), available by subscription at http://www.oxfordmusiconline.com/subscriber/article/grove/music/40023pg10; see alsoJohann Sebastian Bach,” New World Encyclopedia (online); Alex Ross, “Bach’s Holy Dread,” The New Yorker, Jan. 2, 2017, p.68

[Handel] even “freelanced” as a composer.

F.M. Scherer, Quarter Notes and Bank Notes: The Economics of Music Composition in the Eighteenth and Nineteenth Centuries (Princeton University Press, 2004), p.4

 

Page 64:

Timeline: Classical: 1750–1820

Willi Apel, “Classicism,” Harvard Dictionary of Music, 2nd Edition (The Belknap Press, 1972), p.175 [andHistory of music,” p.387]; “Classical period (music),” Wikipedia; see generally Jon Paxman, Classical Music 1600–2000: A Chronology (Omnibus Press, 2014)

By the middle of the 18th century, the ideas began to change in literature and then in music. Art came to be defined in terms of original genius –
-----
And that idea of the original author ends up being the organizing principle of copyright!

Dustin Griffin, Authorship in the Long Eighteenth Century (University of Delaware Press, 2014), pp.1–7; Peter Jaszi, “On the Author Effect: Contemporary Copyright and Collective Creativity,” in The Construction of Authorship: Textual Appropriation in Law and Literature (Martha Woodmansee and Peter Jaszi eds., Duke University Press, 1994), pp.29–33

The invention of lithography in 1796…

Bill Kovarik, Revolutions in Communication: Media History from Gutenberg to the Digital Age, 2nd Edition (Bloomsbury Academic, 2016), pp.144–145

Even though he freelanced, Liszt was still relying on a duke’s patronage in the 1880s.

F.M. Scherer, Quarter Notes and Bank Notes: The Economics of Music Composition in the Eighteenth and Nineteenth Centuries (Princeton University Press, 2004), p.5

At one point, he and Hans Christian Anderson were both being supported by the Duke of Weimar.

Erika Quinn, Franz Liszt: A Story of Central European Subjectivity (Brill, 2014), p.127

1777: Bach v Longman (UK)

Bach v. Longman, London (1777),” Primary Sources on Copyright (1450–1900) (L. Bently and M. Kretschmer eds., www.copyrighthistory.org) [source: Lincolns Inn Library]

1793: First French copyright law

French Literary and Artistic Property Act, Paris (1793),” Primary Sources on Copyright (1450–1900) (L. Bently and M. Kretschmer eds., www.copyrighthistory.org) [source Archives Nationales (BB/34/1/46)]

Image (La Lutte Artistique)

Jules Worms (1832–1924), La Lutte Artistique, 19th century

 

Page 65:

Timeline: Romantic: 1780–1910

Willi Apel, “History of music,” Harvard Dictionary of Music, 2nd Edition (The Belknap Press, 1972), p.387; “Romantic music,” Wikipedia; see generally Jon Paxman, Classical Music 1600–2000: A Chronology (Omnibus Press, 2014)

There are and there will be thousands of princes. There is only one Beethoven.

Jennifer Viegas, Beethoven’s World (Rosen Publishing, 2008), p.7

In the late 18th century pianos were laboriously made by hand. By 1850 the Industrial Revolution meant that pianos could be mass produced in steam-driven factories.

Derek B. Scott, Sounds of the Metropolis: The Nineteenth-Century Popular Music Revolution in London, New York, Paris, and Vienna (Oxford University Press, 2008), pp.29–31

1833: Dramatic Literary Property Act (UK)

Dramatic Literary Property Act, London (1833),” Primary Sources on Copyright (1450–1900) (L. Bently and M. Kretschmer eds., www.copyrighthistory.org) [source: Durham University Library]

 

Page 66:

Timeline: Romantic: 1810–1910

Willi Apel, “History of music,” Harvard Dictionary of Music, 2nd Edition (The Belknap Press, 1972), p.387; “Romantic music,” Wikipedia; see generally Jon Paxman, Classical Music 1600–2000: A Chronology (Omnibus Press, 2014)

1851: SACEM collecting society established in France to collect composers’ and publishers’ performance royalties from public venues.

SACEM’s act of constitution, Paris (1851),” Primary Sources on Copyright (1450–1900) (L. Bently and M. Kretschmer eds., www.copyrighthistory.org) [source: Acte de Société des Auteurs, Compositeurs et Editeurs de Musique, Passé à Paris, devant Me Halphen, notaire, et son collègue. Le 31 Janvier 1851.]

1886: Berne Convention – the first major international copyright agreement.

Berne Convention, Berne (1886),” Primary Sources on Copyright (1450–1900) (L. Bently and M. Kretschmer eds., www.copyrighthistory.org) [source: William Briggs, The Law of International Copyright (Stevens & Haynes, 1906), pp.667–98]

 

Page 70:

Maryland…Francis Scott Key’s home state.

Sina Dubovoy, The Lost World of Francis Scott Key (WestBow Press, 2014), p.xi

 

Page 71:

…And that’s Francis Scott Key watching Fort McHenry being bombarded by the British…

The Star-Spangled Banner Project, “Star-Spangled Banner and the War of 1812,” Encyclopedia Smithsonian (Smithsonian)

He wrote a poem about it called The Defence of Fort McHenry

Sina Dubovoy, The Lost World of Francis Scott Key (WestBow Press, 2014), pp.218–219

The Anacreontic Song – a British drinking song from 1778

Carlos R. Abril, “A National Anthem: Patriotic Symbol or Democratic Action?,” in Patriotism and Nationalism in Music Education (David G. Herbert and Alexandra Kertz-Welzel eds., Routledge, 2010), pp.78–79; see also Oscar George Theodore Sonneck, The Star Spangled Banner: Revised and enlarged from the “Report” on the above and other airs, issued in 1909 (GPO, 1914), pp.69–70 [The Anacreontic Song as drinking song]

…So in 1904 when Puccini wrote Madame Butterfly, he made it the theme of Pinkerton, the American naval officer…

Timothy Roden, Craig Wright, and Bryan Simms, Anthology for Music in Western Civilization, Vol. II: The Enlightenment to the Present (Schirmer, 2009), p.1399; see also Libretto, “Madam Butterfly: An Opera in Three Acts” (G. Ricordi & Co., 1907)

…what the song would sound like, 71 years later, played by a young man named…Jimi Hendrix!!

Clemency Burton-Hill, “The Star-Spangled Banner’s surprising origins,” BBC Culture, July 3, 2015

 

Page 72:

My Country, ’Tis of Thee
-----
Actually, that’s the British national anthem – words by Samuel Francis Smith set to the tune from God Save the Queen.

God Save the Queen: British National Anthem,” Encyclopedia Britannica, July 20, 1998

The Battle Hymn of the Republic?
-----
The music is borrowed from William Steffe’s Canaan’s Happy Shore, the song that became John Brown’s Body.
-----
The borrowing didn’t stop there. The Battle Him of the Republic’s lyrics were written by the abolitionist Julia Ward Howe…

An Annotated Anthology of Hymns (J.R. Watson ed., Oxford University Press, 2002), pp.365–366; see also Florence Howe Hall, The Story of the Battle Hymn of the Republic (Harper & Brothers, 1916)

…but a British folk song collector named Cecil Sharp put his name on the copyright.

Kembrew McLeod and Peter DiCola, Creative License: The Law and Culture of Digital Sampling (Duke University Press, 2011), p.97

The Marine Hymn?
-----
Nope. First set to an old Spanish folk song, then to a melody from the opera Genevieve de Brabant by Jacques Offenbach.

C. Edward Spann and Michael E. Williams, Sr., Presidential Praise: Our Presidents and Their Hymns (Mercer University Press, 2008), p.123

 

Page 75:

In the first Copyright Act it was 14 years…renewable for another 14…

Copyright Act of 1790, 1 Statutes at Large 124 (May 31, 1790)

It wasn’t until 1831 that music was explicitly included. The copyright lasted for 28 years, renewable for another 14.

Copyright Act, Washington D.C. (1831),” Primary Sources on Copyright (1450–1900) (L. Bently and M. Kretschmer eds., www.copyrighthistory.org) [source: Library of Congress, “An act to amend the several acts respecting copy rights,” 4 Stat. 436 (1831)]

Now it is the life of the author…
-----
…plus 70 years.

U.S. Copyright Office, Copyright Law of the United States and Related Laws Contained in Title 17 of the United States Code, Circular 92, Dec. 2016/

 

Page 76:

Stephen Foster (1826–1864)

Deane L. Root, “Foster, Stephen C.,” Grove Music Online/Oxford Music Online (Oxford University Press), available by subscription at http://www.oxfordmusiconline.com/subscriber/article/grove/music/10040; see alsoStephen Foster,” Wikipedia; John Tasker Howard and Fletcher Hodges, Stephen Foster: America’s Troubadour (Thomas Y. Crowell Company, 1934); “Stephen Foster,” Songwriters Hall of Fame; Harold Vincent Milligan, Stephen Collins Foster: A Biography of America’s Folk-Song Composer (G. Schirmer, 1920)

He died at age 37 and legend has it he had only 37 cents to his name.

Ken Emerson, Doo-dah!: Stephen Foster and the Rise of American Popular Culture (DaCapo, 1998) (1997), pp.300–301

 

Page 77:

Stringed instruments that used a gourd as a sound box…the Akonting spike lutes from Senegal…combined…they became a classically American instrument, the banjo.

See generally Laurent Dubois, The Banjo: America’s African Instrument (The Belknap Press, 2016)

There’s some evidence that Foster had some classical music training from a German immigrant called Henry Kleber. But we know he was fascinated by minstrelsy…the songs there were called “Ethiopian” at the time.

Deane L. Root, “Foster, Stephen C.,” Grove Music Online/Oxford Music Online (Oxford University Press), available by subscription at http://www.oxfordmusiconline.com/subscriber/article/grove/music/10040; see also Harold Vincent Milligan, Stephen Collins Foster: A Biography of America’s Folk-Song Composer (G. Schirmer, 1920), pp.25, 70–71; see generally Ken Emerson, Doo-dah!: Stephen Foster and the Rise of American Popular Culture (DaCapo, 1998) (1997)

 

Page 78:

*Minstrelsy persisted. The last Black and White Minstrel Show on BBC was in 1978! –Eds.

Black and White Minstrel Show, The (1958–78), BFI ScreenOnline/

 

Page 79:

He got cheated! About 20 publishers printed Oh! Susanna and only one of them paid him – a measly $100.

Rege Behe, “Stephen Foster really did write songs the whole world sang,” Pittsburgh Tribune-Review, June 28, 2009; “Stephen Foster,” New World Encyclopedia

Foster did make a living from his music – he averaged about $1300 a year – about $38,000 today.

Stephen Foster,” American Experience (PBS) [please note that as of May 2017 content on this site is temporarily unavailable while it is being redesigned]; Harold Vincent Milligan, Stephen Collins Foster: A Biography of America’s Folk-Song Composer (G. Schirmer, 1920), p.93 [Foster estimated his income as $1200 per year]

 

Page 80:

Label shall be the exclusive, perpetual owner of all copyrights throughout the universe … “Work for hire” … “Controlled composition” … No royalties shall be payable to you for the following … Label may recoup “advances” from your royalties …

Major Label Contract Clause Critique,” Future of Music Coalition, Oct. 3, 2001

 

Page 81:

So when they call Foster “The Father of American Popular Music” it’s true in more than one way.

Fred Rothwell, Long Distance Information: Chuck Berry’s Recorded Legacy (Music Mentor Books, 2001), p.209

 

Page 82:

Reed v. Carusi in 1845.
-----
In Reed v. Carusi, Samuel Carusi was ordered to pay $200 for producing a musical version of a poem called The Old Arm Chair. The jury thought Carusi’s version was too similar to Henry Russell’s version of the song. Carusi claimed that Russell’s song itself was built on two earlier songs, The Blue Bells of Scotland and The Soldier’s Tear, while his own was built on a song called New England. The court disagreed.

Reed v. Carusi, 20 F. Cas. 431 (C.C.D. Md. 1845); see alsoReed v. Carusi, 20 F. Cas. 431 (C.C. Md. 1845) (No. 11,642),” Music Copyright Infringement Resource

 

Page 83:

By the 1890s the market for printed music was growing fast. Sheet music sales boomed.

Continuum Encyclopedia of Popular Music of the World: Performance and Production, Volume 1 (John Shepherd, et al. eds., Continuum, 2003), pp.250–253

As the 19th century came to a close, the sound of the moment was ragtime.

Eileen Southern, The Music of Black Americans: A History, 3rd Edition (W.W. Norton, 1997), pp.317–332

 

Page 84:

Scott Joplin (1868–1917)

Ray Argyle, Scott Joplin and the Age of Ragtime (McFarland & Company, 2009), p.187

Ragtime is another classically American style – African polyrhythms added to a European-inspired musical form, the “march,” that itself had been developed by an American composer – John Philip Sousa.

Robert M. Crunden, American Salons: Encounters with European Modernism 1885–1917 (Oxford University Press, 1993), pp.129–133

The heart of that music publishing business was a small area in New York – West 28th between 5th Avenue and Broadway.
-----
Or, as it is more popularly known…
-----
Tin Pan Alley!

Philip Furia and Laurie Patterson, The American Song Book: The Tin Pan Alley Era (Oxford University Press, 2016), p.6

 

Page 85:

…they were called “song pluggers.” Some people thought the tinny pianos they used gave Tin Pan Alley its name.

Henry Martin and Keith Waters, Jazz: The First 100 Years, 3rd Edition (Schirmer, 2012), p.106; John Bush Jones, Reinventing Dixie: Tin Pan Alley’s Songs and the Creation of the Mythic South (Louisiana State University Press, 2015), p.22

Edwin Votey’s “pianola” was one the breakthroughs.

Brian Dolan, Inventing Entertainment: The Player Piano and the Origins of an American Musical Industry (Rowan & Littlefield, 2009), p.43

That’s a 1900 patent on one of the key designs.

Edwin S. Votey, “Pneumatic Piano Attachment,” U.S. Patent No. 650285, May 22, 1900

 

Page 86:

By the 1920s most pianos manufactured in the U.S. had a “player piano” inside…

Piano,” The Harvard Dictionary of Music, 4th Edition (Don Michael Randel ed., The Belknap Press, 2003), p.658

Edison’s phonograph was invented in 1877.
-----
Emile Berliner’s gramophone, which looked more like a record player, came along ten years later.

Ian Blenkinsop, et al., Music: The Definitive Visual History (DK, 2013), p.268

Within two years, the first phonograph parlor opened.

Catherine Cocks, Peter C. Holloran, and Alan Lessoff, Historical Dictionary of the Progressive Era (Historical Dictionaries of U.S. Historical Eras, No. 12) (The Scarecrow Press, 2009), p.333

 

Page 87:

In 1901 Berliner joined forces with E.R. Johnson, who had solved the problem of the gramophone’s motor, doing business as the Victor Talking Machine Company.

Peter Martland, Recording History: The British Record Industry, 1888–1931 (The Scarecrow Press, 2013), p.25

Caruso made his first recording in 1902…

Peter Martland, Recording History: The British Record Industry, 1888–1931 (The Scarecrow Press, 2013), pp.184–185

 

Page 89:

“All talk about ‘dishonesty’ and ‘theft’ in this connection, from however high a source, is the merest claptrap, for there exists no property in ideas, musical, literary or artistic, except as defined by statute.” [Philip Mauro]

Arguments before the Committees on Patents of the Senate and House of Representatives, Conjointly, on the Bills S. 6330 and H.R. 19853; To Amend and Consolidate the Acts Respecting Copyright, December 7, 8, 10, and 11, 1906 (U.S. Government Printing Office, 1906), p.376

“The composers and the public alike were dependent a few years ago for the rendition of these compositions…entirely upon the human voice or upon instruments manipulated by human fingers. Hence there was a very narrow limit to the audible rendition of musical compositions, and the average quality thereof was very low, being determined by the skill of the human performer…in a few years the genius of the inventor has brought about a marvelous change…the composers and publishers have not contributed in the slightest degree to this change…yet the publisher does not scruple to demand radical change of legislation in order to give him the entire monopoly of the benefits…and has the effrontery to apply vituperative epithets to those who venture to oppose his scheme of greed.” [Philip Mauro]

Arguments before the Committees on Patents of the Senate and House of Representatives, Conjointly, on the Bills S. 6330 and H.R. 19853; To Amend and Consolidate the Acts Respecting Copyright, December 7, 8, 10, and 11, 1906 (U.S. Government Printing Office, 1906), p.379

“It is therefore perfectly demonstrable that the introduction of automatic music players has not deprived any composer of anything he had before their introduction.” [Albert Walker]

Arguments before the Committees on Patents of the Senate and House of Representatives, Conjointly, on the Bills S. 6330 and H.R. 19853; To Amend and Consolidate the Acts Respecting Copyright, December 7, 8, 10, and 11, 1906 (U.S. Government Printing Office, 1906), p.284

“We have a right under the law of the land as it stands today to reproduce…music: past, present or future. This bill says to us that we cannot reproduce that if some fellow tells us we cannot.” [George Pound]

Arguments before the Committees on Patents of the Senate and House of Representatives, Conjointly, on the Bills S. 6330 and H.R. 19853; To Amend and Consolidate the Acts Respecting Copyright, December 7, 8, 10, and 11, 1906 (U.S. Government Printing Office, 1906), p.31

 

Page 90:

“[T]hese perforated roll companies and these phonograph companies take my property and put it on their records…when they make money out of my pieces, I want a share of it…they have to buy the wood that they make the box out of, and the material for the disk, and that disk as it stands, without the composition of an American composer on it, is not worth a penny. Put the composition of an American composer on it and it is worth $1.50. What makes the difference? The stuff that we write.” [John Philip Sousa]

Arguments before the Committees on Patents of the Senate and House of Representatives, Conjointly, on the Bills S. 6330 and H.R. 19853; To Amend and Consolidate the Acts Respecting Copyright, June 6, 7, 8, and 9, 1906 (U.S. Government Printing Office, 1906), p.23

 

Page 91:

[The 1909 Copyright Act]

An Act to Amend and Consolidate the Acts Representing Copyright, Pub.L. 60-349, 35 Stat. 1075

 

Page 92:

Between 1890 and 1909 music sales had tripled.

Steven L. Piott, Daily Life in the Progressive Era (Greenwood, 2011), p.99

Which means that, in 1914, the young man playing that piano might expect any new song he played to be copyrighted until 1942. 1970 if they renewed.

U.S. Copyright Office, Circular 15A: Duration of Copyright (U.S. Government Printing Office, 2011)

 

Page 93:

George Gershwin...just the youngest song plugger in the business. At 15…

Howard Pollack, George Gershwin: His Life and Work (University of California Press, 2006), p.61

And he was writing them by 17.

The George Gershwin Reader (Robert Wyatt and John Andrew Johnson eds., Oxford University Press, 2004), p.93; Neil Butterworth, Dictionary of American Classical Composers, 2nd Edition (Routledge, 2013), p.165

He had his first big hit – Swanee – in 1919, just around his 21st birthday.

Howard Pollack, George Gershwin: His Life and Work (University of California Press, 2006), p.193

 

Page 94:

Gershwin had lots of hits after that – ever hear of Lady Be Good or Fascinating Rhythm?

Michael Kennedy and Joyce Bourne Kennedy, “Gershwin, George (Gershvin, Jacob),” The Oxford Dictionary of Music, 6th edition (Tim Rutherford-Johnson ed., Oxford University Press, 2012), p.327

But his first major piece was Rhapsody in Blue in 1924.

Rhapsody in Blue, for piano & orchestra (1924),” All Music Guide to Classical Music: The Definitive Guide to Classical Music (Chris Woodstra, Gerald Brennan, and Allen Schrott eds., Backbeat Books, 2005), p.482; American Popular Music: New Approaches to the Twentieth Century (Rachel Rubin and Jeffrey Melnick eds., University of Massachusetts Press, 2001), p.30

It drew on everything – jazz, foxtrot, “blue” notes, Modernist music, the syncopation of ragtime – many have called it “a melting pot.”

Anna Harwell Celenza, Gershwin’s Rhapsody in Blue (Charlesbridge, 2006), p.24; Ted Libbey, The NPR Classical 50: Rhapsody In Blue: Gershwin At His Greatest, June 30, 2009

 

Page 97:

“We’d all be a great deal better for a lot less simile and metaphor?* *Apologies to Ogden Nash –Eds.

Ogden Nash, “Very Like a Whale,” The Primrose Path (Simon and Schuster, 1935), p.56

 

Page 100:

…as much as 50% of film holdings, for example…

Annette Melville and Scott Simmon, Film Preservation 1993: A Study of the Current State of American Film Preservation; Report of the Librarian of Congress (Library of Congress, 1993), pp.26–27

 

Page 101:

When copyright lasted 28 years, only 15% bothered to renew for a second term.

Barbara A. Ringer, “Renewal of Copyright,” Studies Prepared for the S. Comm. on the Judiciary, Subcommittee on Patents, Trademarks, and Copyrights, 86th Cong., Copyright Law Revision (Comm. Print, 1961), p.187, as quoted in Jennifer Jenkins, “In Ambiguous Battle,” Duke Law & Technology Review 12(1) (2014), p.20

 

Page 102:

The estate has earned millions of dollars since 1998 – the last time Congress extended their copyright.

Olufunmilayo B. Arewa, “Copyright on Catfish Row: Musical Borrowing, Porgy & Bess and Unfair Use,” Rutgers Law Journal 37(2) (2006), p.323

 

Page 104:

When Alice Randall – an African-American writer – wanted to tell the story of Gone With the Wind from the slaves’ point of view, Margaret Mitchell’s heirs tried to use copyright to forbid her.*

See SunTrust Bank v. Houghton Mifflin Company, 136 F.Supp.2d 1357 (N.D. Ga. 2001), reversed and remanded, SunTrust Bank v. Houghton Mifflin Company, 268 F.3d 1257 (11th Cir. 2001)

…Marc Gershwin, the 58-year-old stockbroker son of the overlooked third Gershwin brother Arthur, and the 63-year-old Leopold Godowsky III, the classical composer and pianist son of the only Gershwin sister Frances (Frankie), jealously guard their artistic heritage and carefully vet all revivals of the Gershwin shows…

Maureen Paton, “Method in the rhythm madness,” The Telegraph (London), Feb. 19, 2002

 

Page 105:

The Gershwins refused on principle to allow a version in South Africa during apartheid.
-----
And they stopped a karaoke version by an English vicar who wanted to change the words…
-----
Which meant that when a Finnish company wanted to perform Porgy they were out of luck…
-----
They wrote, “But Mr. Gershwin, the problem is we have no black actors in Finland.”

Maureen Paton, “Method in the rhythm madness,” The Telegraph (London), Feb. 19, 2002

 

Page 106:

The Gershwins licensed Rhapsody in Blue to United Airlines for $500,000.

Eldred v. Ashcroft, 537 U.S. 186 (2003), p.249 [Breyer, J., dissenting]

 

Page 107:

“The monetary part is important, but if works of art are in the public domain, you can take them and do whatever you want with them. For instance, we’ve always licensed ‘Porgy and Bess’ for stage performances only with a black cast and chorus. That could be debased. Or someone could turn ‘Porgy and Bess’ into rap music.”

Dinitia Smith, “Immortal Words, Immortal Royalties? Even Mickey Mouse Joins the Fray,” The New York Times, Mar. 28, 1998

“A collection of squeals and squawks and wails”?

“The Jazz Problem: Opinions of Prominent Public Men and Musicians,” The Etude Music Magazine, 42(8) (Aug. 1924), p.517, available for download at Digital Commons @ Gardner-Webb University

Music “that is to real music what the caricature is to the portrait”?

“The Jazz Problem: Opinions of Prominent Public Men and Musicians,” The Etude Music Magazine, 42(8) (Aug. 1924), p.518, available for download at Digital Commons @ Gardner-Webb University

“Convulsive, twitching, hiccoughing rhythms, the abdication of control by…the brain”?

“The Jazz Problem: Opinions of Prominent Public Men and Musicians,” The Etude Music Magazine, 42(8) (Aug. 1924), p.520, available for download at Digital Commons @ Gardner-Webb University

 

Page 108:

“The cruder form of ‘jazz,’ a collection of squeals and squawks and wails against a concealed back-structure of melody, became unbearable to me soon after I began to hear it.”
-----
“[I]n association with some of the modern dancing and the sentiment of the verses on which many of the ‘jazz’ songs are founded, it would be difficult to find a combination more vulgar or debasing.”

“The Jazz Problem: Opinions of Prominent Public Men and Musicians,” The Etude Music Magazine, 42(8) (Aug. 1924), p.517, available for download at Digital Commons @ Gardner-Webb University

“There is no reason, with its exhilarating rhythm, its melodic ingenuities, why it should not become one of the accepted forms of composition.”

“The Jazz Problem: Opinions of Prominent Public Men and Musicians,” The Etude Music Magazine, 42(8) (Aug. 1924), p.520, available for download at Digital Commons @ Gardner-Webb University

 

Page 109:

“Jazz is to real music what the caricature is to the portrait… If jazz originated in the dance rhythms of the Negro, it was at least interesting as the self-expression of a primitive race. When jazz was adopted by the “highly civilized” white race, it tended to degenerate it towards primitivity.”

“The Jazz Problem: Opinions of Prominent Public Men and Musicians,” The Etude Music Magazine, 42(8) (Aug. 1924), p.518, available for download at Digital Commons @ Gardner-Webb University

 

Page 114:

You’ve got elements of classical music…
-----
…Chord changes, chromatic scales…
-----
…Ragtime, swing, Caribbean rhythms, the African-inflected syncopation…

See, for example, Ted Gioia, The History of Jazz, 2nd Edition (Oxford University Press, 2011), pp.7, 20, 143, 314; Batt Johnson, What Is This Thing Called Jazz?: Insights and Opinions from the Players (Writer’s Showcase, 2001) [on African syncopation]; and Aurwin Nicholas and The Jazz Sippers Group, The History of Jazz and The Jazz Musicians (The Jazz Sippers Group, 2009)

 

Page 115:

There’s Dizzy Gillespie, Charlie Parker and Duke Ellington…

Morris B. Holbrook, “Playing the Changes on the Jazz Metaphor: An Expanded Conceptualization of Music-, Management-, and Marketing-Related Themes,” in Foundations and Trends in Marketing 2(3–4) (2008), p.267, citing Mark Levine, The Jazz Theory Book (Sher Music Company, 1995)]

That’s Gershwin’s I Got Rhythm. The chord sequence became such a standard progression in jazz that it’s called “The Rhythm Changes.”

Robert Rawlins and Nor Eddine Bahha, Jazzology: The Encyclopedia of Jazz Theory for All Musicians (Barrett Tagliarino ed., Hal Leonard Corp., 2005), p.128

Contrafact [definition]

J. Peter Burkholder, “The Uses of Existing Music: Musical Borrowing as a Field,” Notes (2nd Series) 50(3) (Mar. 1994), p.870, available by subscription at http://www.jstor.org/stable/898531

 

Page 116:

Sometimes they didn’t! When Dizzy Gillespie’s Dizzy Crawl was recorded by Count Basie as Rock-a-Bye Basie, Dizzy was quite upset.
-----
“I didn’t copyright it; it was a head arrangement…anytime you write something, copyright it or look out… A lotta tunes got stolen by the bandleaders too, that way. I probably did it myself a couple of times, but not completely….”

John Birks “Dizzy” Gillespie and Wilmot Alfred Fraser, to BE, or not…to BOP (Knopf, 1979), p.166

“…But at the same time, ‘you can’t steal a gift.’”

Gene Lees, You Can’t Steal a Gift: Dizzy, Clark, Milt, and Nat (University of Nebraska Press, 2004), p.96

 

Page 117:

But, starting around 1900, the player piano and the gramophone brought the sound of professional musicians into middle class living rooms.

Callie Taintor, “Chronology: Technology and the Music Industry,” Frontline (PBS, May 27, 2004)

 

Page 118:

And now…supported by Alka-Seltzer, and bubbling over with mirth and melody, it’s…the National Barn Dance!! …Featuring the Yodeling DeZurik Sisters!!

The Hayloft Gang: The Story of the National Barn Dance (Chad Berry ed., University of Illinois Press, 2008), p.121

Also known as the Cackle Sisters. Trick yodelers. They did animal noises, too.

The Cackle Sisters, Yodeling Queens,” Weekend Edition Saturday (NPR, July 30, 2005)

That was what was playing in the 1930s?
-----
Sure, but so was lots of other material – from opera to jazz.

Christopher H. Sterling and John Michael Kittros, Stay Tuned: A History of American Broadcasting, 3rd Edition (Lawrence Erlbaum, 2002), pp.130–132, 180–183

 

Page 120:

In 1923 a court ruled that radio performances were “for profit” so they had to pay fees.

Witmark v. Bamberger, 291 F. 776 (D.N.J. 1923), available by subscription at LLMC-Digital

“The defendant is not an ‘eleemosynary institution’…copyright owners and the music publishers themselves are perhaps the best judges of the method of popularizing musical selections…”

Witmark v. Bamberger, 291 F. 776 (D.N.J. 1923), p.779, available by subscription at LLMC-Digital

…the broadcasters formed their own group – BMI – as an alternative for composers to join.

Christopher H. Sterling and John Michael Kittros, Stay Tuned: A History of American Broadcasting, 3rd Edition (Lawrence Erlbaum, 2002), p.214

ASCAP was pretty exclusionary.
-----
Doesn’t look like a very diverse group!

See Eileen Southern, The Music of Black Americans: A History (W.W. Norton, 1997), p.311; Pekka Gronow and Ilpo Saunio, An International History of the Recording Industry (Christopher Moseley trans., Cassell, 1999), p.90; Alan Lomax, Mr. Jelly Roll: The Fortunes of Jelly Roll Morton, New Orleans Creole and “Inventor of Jazz,” 2nd Edition (University of California Press, 1973), pp.176, 220, 245, 246

 

Page 121:

Louis Armstrong didn’t get membership until 1939…

Scott Allen Nollen, Louis Armstrong: The Life, Music and Screen Career (McFarland, 2004), p.65

Didn’t Jelly Roll Morton make it a crusade to get membership?

Stephen Kinzer, “The Man Who Made Jazz Hot; 60 Years After His Death, Jelly Roll Morton Gets Respect,” The New York Times, Nov. 28, 2000

Yes, he got in the same year…

Howard Reich and William Gaines, Jelly’s Blues: The Life, Music, and Redemption of Jelly Roll Morton (Da Capo, 2003), p.190

Musicians who wrote jazz, country, gospel, folk and blues flocked to BMI…

BMI and Country Music” (BMI, Nov. 4, 2006)

Giving BMI a big advantage when rhythm and blues and rock and roll arrived!

Jeff Lunden, “Collecting Money for Songwriters, A 100-Year Tug of War,” Morning Edition (NPR, Feb. 13, 2014)

 

Page 123:

…The truth is that Johnson was very sophisticated in his musical influences…radio brought a wealth of styles…he travelled more widely than people think*…

Elijah Wald, Escaping the Delta: Robert Johnson and the Invention of the Blues (HarperCollins, 2004)

 

Page 124:

Eric Clapton: “I think he’s the greatest folk blues guitar player, writer, and singer that ever lived.”

The Cambridge Companion to the Guitar (Victor Anand Coelho ed., Cambridge University Press, 2003), p.93, citing Jas Obrecht, Blues Guitar: The Men Who Made the Music; from the Pages of Guitar Player Magazine (GPI Books, 1990), p.2

Robert Plant: “A lot of English musicians were very fired up by Robert Johnson, to whom we all owe, more or less, our very existence, I guess.”

Singer Robert Plant,” Fresh Air (WHYY and NPR, Jan. 22, 2004)

Keith Richards: “He was like a comet or a meteor that came along, and, BOOM, suddenly he raised the ante, suddenly you just had to aim that much higher….”

Mike Joyce, “The Soul-Baring Sound of Blues Master Robert Johnson,” The Washington Post (Sept. 30, 1990), citing Keith Richards, liner notes to Robert Johnson–The Complete Recordings (Columbia, 1990)

George Harrison: “Ravi Shankar and Robert Johnson are the only guitar players I listen to.”

Peter Meyer, Can't You Hear the Wind Howl? The Life & Music of Robert Johnson, documentary film’s website “Tributes” page

John Mellencamp: “Robert Johnson was able to play guitar like nobody else has been able to. Nobody can figure it out. All that stuff about him making a deal with the Devil may be true, because nobody can play that way.”

Peter Meyer, Can't You Hear the Wind Howl? The Life & Music of Robert Johnson, documentary film’s website “Tributes” page

 

Page 128:

What Jimi Hendrix said: “Blues is easy to play, but hard to feel.”

Dwight Garner, “Imagining a Past That Isn’t His Own,” review of Southern Cross the Dog, a Novel by Bill Cheng, The New York Times, May 22, 2013, p.C1

 

Page 130:

But he was taking a tradition that was already 30 or 40 years old…

Elijah Wald, Escaping the Delta: Robert Johnson and the Invention of the Blues (HarperCollins, 2004), pp.9–13

…flattened notes – called blue notes…

Blues notes,” GCSE Bitesize (BBC)

…the chord sequence…

Elijah Wald, Escaping the Delta: Robert Johnson and the Invention of the Blues (HarperCollins, 2004), pp.4–5

…the lyrical pattern…

Understanding the 12-Bar Blues,” The Blues (PBS, 2003)

…call and response…

Blues (music),” Encyclopedia Britannica, May 6, 2013

 

Page 132:

Leroy Carr, When the Sun Goes Down / [Robert Johnson], Love in Vain

Elijah Wald, Escaping the Delta: Robert Johnson and the Invention of the Blues (HarperCollins, 2004), p.183

Kokomo Arnold, Sagefield Woman Blues / [Robert Johnson], Dust My Broom

Elijah Wald, Escaping the Delta: Robert Johnson and the Invention of the Blues (HarperCollins, 2004), pp.135–136

Son House, Walkin’ Blues / [Robert Johnson], Walkin’ Blues

Elijah Wald, Escaping the Delta: Robert Johnson and the Invention of the Blues (HarperCollins, 2004), pp.158–159

Hambone Willie Newbern, Roll and Tumble Blues / [Robert Johnson], Travelling Riverside Blues

Elijah Wald, Escaping the Delta: Robert Johnson and the Invention of the Blues (HarperCollins, 2004), pp.163–164, 180

Leroy Carr, Mean Mistreater Mama / [Robert Johnson], Kind Hearted Woman Blues

Elijah Wald, Escaping the Delta: Robert Johnson and the Invention of the Blues (HarperCollins, 2004), p.131

Skip James, Devil Got My Woman / [Robert Johnson], Hellhound on My Trail

Elijah Wald, Escaping the Delta: Robert Johnson and the Invention of the Blues (HarperCollins, 2004), p.171

 

Page 134:

…There are thousands of princes, but only one Beethoven!!

Lewis Lockwood, Beethoven: The Music and the Life (W.W. Norton, 2003), p.12

 

Page 135:

He’s mixing country, rhythm and blues…inventing a new guitar style…

See, i.e., The Rolling Stone Encyclopedia of Rock & Roll, 3rd Edition (Touchstone, 2001), pp.69–71

Keith Richards: “It’s very difficult for me to talk about Chuck Berry ‘cause I’ve lifted every lick he ever played…this is the gentleman who started it all!”

Tom Reney, “Hail! Hail! Chuck Berry,” New England Public Radio, Oct. 19, 2012, quoting Keith Richards in Taylor Hackford, Hail! Hail! Rock ‘n’ Roll (Delilah Films, 1987)

John Lennon: “If you tried to give rock and roll another name, you might call it Chuck Berry!”

Ken Lawrence, John Lennon: In His Own Words (Andrews McMeel Publishing, 2005), citing the Columbus Dispatch (Ohio), Aug. 23, 2000; see also John Lennon on The Mike Douglas Show, Feb. 16, 1972 (Group W Productions/Westinghouse Broadcasting Company), available at https://www.youtube.com/watch?v=_UmnVdZkXSA

The Beach Boys were threatened with suit for copying Sweet Little Sixteen and calling it Surfin’ USA.

Bruce Pegg, Brown Eyed Handsome Man: The Life and Hard Times of Chuck Berry (Routledge, 2002), p.247; see also Jordan Runtagh, “Songs on Trial: 10 Landmark Music Copyright Cases,” Rolling Stone, June 8, 2016; Randy Lewis, “After ‘Blurred Lines’ verdict, Brian Wilson talks Chuck Berry and ‘Surfin’ U.S.A.Los Angeles Times, Mar. 12, 2015

 

Page 136:

“[Rock and roll is the] basic, heavy-beat music of the Negroes. It appeals to the base in man; brings out animalism and vulgarity…”
-----
“[It comes from] the heart of Africa, where it was used to incite warriors to such frenzy that by nightfall neighbors were cooked in carnage pots!!”

Glenn C. Altschuler, All Shook Up: How Rock ‘n’ Roll Changed America (Oxford University Press, 2003), p.38

Court’s Brown decision …Rock ‘n’ roll became a target of southern segregationists, who believed that race mixing led, inevitably, to miscegenation and that exposure to black culture promoted delinquency and sexual immorality…

Glenn C. Altschuler, All Shook Up: How Rock ‘n’ Roll Changed America (Oxford University Press, 2003), p.37

 

Page 137:

Segregationist Wants Ban on ‘Rock and Roll’ …

“Segregationist Wants Ban on ‘Rock and Roll’,” UP wire story, The New York Times, available by subscription at http://query.nytimes.com/mem/archive-free/pdf?res=9B06E0D71E3BE23ABC4850DFB566838D649EDE

“Some people in the South are blaming us for everything from measles to atomic fall-out.”

Brian Ward, Just My Soul Responding: Rhythm and Blues, Black Consciousness, and Race Relations (University of California Press, 1998), p.103

 

Page 138:

“Rock and roll inflames and excites youth like jungle tom-toms.”

Brian Ward, Just My Soul Responding: Rhythm and Blues, Black Consciousness, and Race Relations (University of California Press, 1998), p.107

“…Tom-toms and hot jive and ritualistic orgies of erotic dancing, weed smoking and mass mania with African jungle background. Many music shops purvey dope; assignations are made in them. White girls are recruited for colored lovers…we know that many platter-spinners are hop heads. Many others are Reds, left-wingers or hecklers of social convention.”

Jack Lait and Lee Mortimer, U.S.A. Confidential (Crown Publishers, 1952), p.37

 

Page 139:

“By wearing this makeup, I could work and play white clubs, and the white people didn’t mind the white girls screaming over me…they was willing to accept me, ‘cause they figured I wouldn’t be no harm.”

Glenn C. Altschuler, All Shook Up: How Rock ‘n’ Roll Changed America (Oxford University Press, 2003), pp.60–61

“I’m the innovator, I’m the emancipator, I’m the originator, I’m the architect of rock ’n’ roll.”

African Americans and Popular Culture, Vol. 3 (Todd Boyd ed., Praeger Publishers, 2008), p.35

 

Page 140:

…and his version outsold the original.

See, i.e., The Rolling Stone Encyclopedia of Rock & Roll, 3rd Edition (Touchstone, 2001), p.104

“The white kids would have Pat Boone up on the dresser and me in the drawer ’cause they liked my version better.”

Richard Harrington, “‘A Wopbopaloobop’,” The Washington Post, Nov. 12, 1984, C1

 

Page 141:

…Sam Phillips, the guy who first discovered and produced Elvis…

Louis Menand, “The Elvic Oracle: Did Anyone Invent Rock and Roll?The New Yorker, Nov. 16, 2015, p.80

“If I could find a white man who sings with the Negro feel, I’d make a million dollars.”

Pete Fornatale, Back to the Garden: The Story of Woodstock (Touchstone, 2009), p.256

[Little Richard:] “He was an integrator. Elvis was a blessing. They wouldn’t let black music through. He opened the door for black music…”
-----
[Rev. Al Green:] “He broke the ice for all of us.”

Jean-Pierre Hombach, Elvis Presley: The King of Rock ’n’ Roll (Lulu.com, 2010), p.40

[Walter White:] “[It’s] a great race leveler…a tremendous instrument for bringing about a common ground for integration of the white and colored youth.”

Michael T. Bertrand, Race, Rock, and Elvis (University of Illinois Press, 2000), p.233, citing “Musical Treatment,” The Southerner, March 1956, p.5

 

Page 142:

“Rock ’n’ roll has been around for many years.”
-----
“It used to be called rhythm & blues.”

Jean-Pierre Hombach, Elvis Presley: The King of Rock ’n’ Roll (Lulu.com, 2010), p.36

“Ah don’t sound like nobody.”

Albin J. Zak III, I Don’t Sound Like Nobody: Remaking Music in 1950s America (University of Michigan Press, 2010), p.104, quoting Marion Keisker in “Jerry Hopkins Archive,” tape 9/33

 

Page 143:

Take Hound Dog. It was written by Jerry Leiber and Mike Stoller, two white song writers who loved black music…
-----
The musician and producer Johnny Otis had asked them to write a song for Big Mama Thornton.
-----
After meeting her, they were inspired, and wrote Hound Dog in minutes. She recorded it…

Jerry Leiber, Mike Stoller, with David Ritz, Hound Dog: The Leiber & Stoller Autobiography (Simon & Schuster, 2009), pp.61–64

 

Page 144:

Apparently. Chuck Berry had to share copyright on Maybellene with the DJ Alan Freed and also with Russ Fratto….

Bruce Pegg, Brown Eyed Handsome Man: The Life and Hard Times of Chuck Berry (Routledge, 2002), p.42–43

 

Page 146:

New acts like The Rolling Stones and The Beatles were ravenous for American blues recordings. they were listening to Muddy Waters, John Lee Hooker, Willie Dixon, and Howlin’ Wolf…

Simon Philo, British Invasion: The Crosscurrents of Musical Influence (Rowman & Littlefield, 2015), p.70; Rollin’ and Tumblin’: The Postwar Blues Guitarists (Jas Obrecht ed., Miller Freeman Books, 2000), p.285 [on John Lee Hooker]

I read somewhere that The Stones actually called themselves a band that plays “authentic Chicago rhythm and blues music” in a letter to the BBC.
-----
Yes, and ironically the BBC turned them down because they thought Mick Jagger sounded “too black.”

Chess Records, the Chicago blues, and the Rolling Stones,” Inside the WGBH Open Vault; see also Stephan Davis, Old Gods Almost Dead: The 40-Year Odyssey of the Rolling Stones (Broadway Books, 2001)

 

Page 147:

You can hear it in The Beatles’ songs…Yesterday draws on a Nat King Cole song called Answer Me, My Love.

Kenneth Womack, Long and Winding Roads: The Evolving Artistry of the Beatles (Bloomsbury Academic, 2014), p.126

And I Feel Fine borrows from Bobby Parker’s R&B song Watch Your Step.

Stuart Shea and Robert Rodriguez, Fab Four FAQ: Everything Left to Know about the Beatles…and More! (Hal Leonard Books, 2007), p.303

In fact, The Beatles evolved from a “skiffle” band called The Quarrymen. Skiffle had links to the blues, to jazz and to country music.

The 100 Greatest Bands of All Time: A Guide to the Legends Who Rocked the World (David V. Moskowitz ed., ABC-CLIO, 2015), pp.55–57

When they went on the Ed Sullivan Show in ‘64, 75% of TV watchers tuned in!

Patrick Humphries, The Complete Guide to the Music of The Beatles vol. 2 (Omnibus Press, 1998), p.88

Like I* always said about rock journalism: people who can’t write, interviewing people who can’t talk, for people who can’t read…

Kelly Fisher Lowe, The Words and Music of Frank Zappa (University of Nebraska Press, 2007), p.xxii

[Journalist]: Is there anyone besides Dylan you’ve gotten something from musically? [Lennon]: Oh, millions…Little Richard, Presley… [Journalist]: Anyone contemporary? [Lennon]: Are they dead?

Jonathan Cott, Back to a Shadow in the Night: Music Writings and Interviews 1968–2001 (Hal Leonard Corporation, 2002), p.11

 

Page 148:

I’ve got some Indian raga for Within You, Without You.

Walter Everett, The Beatles as Musicians: Revolver through the Anthology (Oxford University Press, 1999), p.111–112

This is some of that Bach Bourée in E minor for Blackbird, innit?

Kenneth Womack, The Beatles Encyclopedia: Everything Fab Four (Greenwood, 2017), p.81

20’s music hall for yer Honey Pie, some John Cage for yer Revolution 9

Walter Everett, The Beatles as Musicians: Revolver through the Anthology (Oxford University Press, 1999), p.189; Ian MacDonald, Revolution in the Head: The Beatles’ Records and the Sixties (Chicago Review Books, 2007), p.287; Philippe Margotin and Jean-Michael Guesdon, All the Songs: The Story Behind Every Beatles Release (Hachette Books, 2014), p.506

 

Page 149:

Big international delivery here for All You Need Is Love—let’s see, La Marseillaise, some of Bach’s Two-Part Invention in F, Greensleeves, spot of In the Mood

Philippe Margotin and Jean-Michael Guesdon, All the Songs: The Story Behind Every Beatles Release (Hachette Books, 2014), pp.410–411; Kenneth Womack, The Beatles Encyclopedia: Everything Fab Four (Greenwood, 2017), p.14

Some lines from Chuck Berry for Come Together…and I’ve got some Cream Badge for Mr. Harrison’s Here Comes the Sun.

Big Seven Music Corp. v. Lennon, 554 F.2d 504, 506 (2d Cir. 1977); Simon Leng, The Music of George Harrison: While My Guitar Gently Weeps (Firefly Publishing, 2003), p.34

 

Page 152:

Books, movies, music, films…all these things are covered by copyright…
-----
…They are covered by copyright as soon as they are fixed…the pen leaves the paper, the music is written down or saved on your hard drive, the film is shot…you don’t need to do anything to get the copyright.

17 U.S.C. § 102

 

Page 154:

Those were the facts and ideas in that book. They are copyrightable…they go immediately into the public domain.
-----
Copyright covers the author’s expression, not the ideas or facts themselves.

17 U.S.C. § 102(b); see also Feist Publications, Inc. v. Rural Telephone Service Co., Inc., 499 U.S. 340 (1991)

No, it’s a fair use.* Fair use means that you can take the author’s expression when you use it for such purposes as criticism or commentary, particularly if your use is transformative.

17 U.S.C. § 107; see also Berne Convention for the Protection of Literary and Artistic Works (Paris Text 1971)

 

Page 156:

17 U.S.C. § 106. Exclusive Rights in Copyrighted Works

17 U.S.C. § 106

 

Page 160:

“Having chosen the familiar theme of a broken-hearted lover seeking solace in country music, the choice of a barroom with a jukebox as the setting in which to unfold this idea simply cannot be attributed to any unique creativity on the part of the songwriter.” Black v. Gosdin, 740 F.Supp. 1288 (M.D. Tenn. 1990)

Black v. Gosdin, 740 F.Supp. 1288, 1298 (M.D. Tenn. 1990)

Scènes à faire

Scènes à faire (definition),” Duhaime’s Law Dictionary; see alsoScènes à faire,” Wikipedia

 

Page 161:

De minimis non curat lex
-----
Latin again. “The law does not concern itself with trifles.”
-----
So when the Beastie Boys used a flute solo by James Newton, the court said that taking six seconds—three notes over a single sustained note—was just too little to count as copying.
-----
Though the record company got paid, because the Beasties licensed the sound recording.

Newton v. Diamond, 388 F.3d 1189 (9th Cir. 2004)

 

Page 162:

“2 Live Crew juxtaposes the romantic musings of a man whose fantasy comes true, with degrading taunts, a bawdy demand for sex, and a sigh of relief from paternal responsibility.” –Justice David Souter, Campbell v. Acuff-Rose, 510 U.S. 569 (1994)

Campbell v. Acuff-Rose Music, Inc., 510 U.S. 569, 583 (1994)

 

Page 168:

“We were taking a horn hit here, a guitar riff there, we might take a little speech, a kicking snare from somewhere else. It was all bits and pieces.”

Kembrew McLeod, “How Copyright Law Changed Hip Hop,” Stay Free! Magazine, Issue 20 (2004), available at Alternet.org

 

Page 169:

“The only time copyright was an issue was if you actually took the entire rhythm of a song…”

Kembrew McLeod, “How Copyright Law Changed Hip Hop,” Stay Free! Magazine, Issue 20 (2004), available at Alternet.org

The Beastie Boys got sued for taking the phrase “Yo Leroy” and some backbeat from a 1977 song by the Jimmy Castor Bunch and using it in Hold It Now, Hit It.

Grand Upright Music, Ltd. v. Warner Bros. Records Inc., 780 F.Supp. 182 (S.D.N.Y. 1991); see also Kembrew McLeod and Peter DiCola, Creative License: The Law and Culture of Digital Sampling (Duke University Press, 2011), p.131; Mark Costello and David Foster Wallace, Signifying Rappers, 2nd Edition (Little Brown, 2013)

But we didn’t get a court decision until a case called Grand Upright.
-----
His lawyers contacted O’Sullivan’s agent before the release of the record, but hadn’t obtained the rights before release. O’Sullivan sued, and won.

Grand Upright Music, Ltd. v. Warner Bros. Records Inc., 780 F.Supp. 182 (S.D.N.Y. 1991); see also Kembrew McLeod and Peter DiCola, Creative License: The Law and Culture of Digital Sampling (Duke University Press, 2011), pp.128–147

 

Page 170:

“‘Thou shalt not steal’ has been an admonition followed since the dawn of civilization. Unfortunately, in the modern world of business this admonition is not always followed.”
-----
“Indeed, the defendants in this action for copyright infringement would have this court believe that stealing is rampant in the music business and, for that reason, their conduct here should be excused. The conduct of the defendants herein, however, violates not only the Seventh Commandment, but also the copyright laws of this country.”
-----
Judge Kevin Duffy, Grand Upright Music v. Warner Bros. Records, 780 F.Supp 182 (S.D.N.Y. 1991)

Grand Upright Music, Ltd. v. Warner Bros. Records Inc., 780 F.Supp. 182 (S.D.N.Y. 1991)

“The question, therefore, is whether defendant took from plaintiff’s works so much of what is pleasing to the ears of lay listeners…that defendant wrongfully appropriated something which belongs to the plaintiff.”
-----
Judge Jerome Frank, Arnstein v. Porter, 154 F.2d 464 (2d Cir. 1946)

Arnstein v. Porter, 154 F.2d 464, 473 (2d Cir. 1946)

 

Page 171:

“There’s a noticeable difference in Public Enemy’s sound between 1988 and 1991…”
-----
“Did this have to do with the lawsuits and enforcement of copyright laws at the turn of the decade.”
-----
“Public Enemy’s music was affected more than anybody’s because we were taking thousands of sounds…”
-----
“If you separated the sounds, they wouldn’t have been anything—they were unrecognizable. The sounds were all collaged together to make a sonic wall.”
-----
“Public Enemy was affected because it is too expensive to defend a claim. So we had to change our whole style—the style of It Takes a Nation and Fear of a Black Nation—by 1991.”

Kembrew McLeod, “How Copyright Law Changed Hip Hop,” Stay Free! Magazine, Issue 20 (2004), available at Alternet.org

 

Page 172:

*Caught: Can We Get a Witness, from It Takes a Nation of Millions to Hold Us Back

Public Enemy, It Takes a Nation of Millions to Hold Us Back (Chuck D, Rick Rubin, and Hank Shocklee producers; Def Jam Recordings, 1988); more information atIt Takes a Nation of Millions to Hold Us Back, Wikipedia

 

Page 173:

N.W.A. had taken two seconds of a guitar solo from George Clinton’s Get Off Your Ass and Jam. The sample was of three notes—an arpeggiated chord.

Bridgeport Music v. Dimension Films, 410 F.3d 792 (6th Cir. 2005)

Fantasy, Inc. v. Fogerty

Fogerty v. Fantasy, Inc., 510 U.S. 517 (1994)

 

Page 174:

They actually changed it quite a bit. They lowered the pitch and looped it so it sounded like a police siren in the background of the track.

Bridgeport Music v. Dimension Films, 410 F.3d 792 (6th Cir. 2005)

 

Page 176:

Bridgeport Music v. Dimension Films, 410 F.3d 792 (6th Cir. 2005) (Judge Ralph B. Guy, Jr.)
-----
“That leads us directly to the issue in this case. If you cannot pirate the whole sound recording, can you ‘lift’ or ‘sample’ something less than the whole. Our answer to that question is in the negative…”
-----
“Get a license or do not sample. We do not see this as stifling creativity in any significant way…”
-----
“For the sound recording copyright holder, it is not the ‘song’ but the sounds that are fixed in the medium of his choice. When those sounds are sampled they are taken directly from that fixed medium. It is a physical taking rather than an intellectual one.”

Bridgeport Music v. Dimension Films, 410 F.3d 792 (6th Cir. 2005)

 

Page 177:

The court initially suggested there was no fair use either.

Bridgeport Music v. Dimension Films, 383 F.3d 390 (6th Cir. 2004)

Then after a storm of protest, they issued a new opinion saying that they took no position on fair use.

Bridgeport Music v. Dimension Films, 410 F.3d 792 (6th Cir. 2005)

 

Page 178:

VMG Salsoul v. Madonna Louise Ciccone, 824 F.3d 871 (9th Cir. 2016) (Judge Susan P. Graber)
-----
Madonna’s song Vogue sampled a .23 second horn hit from a song known as Love Break, and changed it to create a different sound.
-----
My common-sense conclusion is borne out by dry analysis….
-----
“[T]he ‘de minimis’ exception applies to infringement actions concerning copyrighted sound recordings, just as it applies to all other copyright infringement actions.”

VMG Salsoul, LLC v. Madonna Louise Ciccone, 824 F.3d 871 (9th Cir. 2016)

“Get a license or do not sample.”

VMG Salsoul, LLC v. Madonna Louise Ciccone, 824 F.3d 871 (9th Cir. 2016) (quoting Bridgeport Music v. Dimension Films, 410 F.3d 792, 801)

 

Page 179:

Anything they take off my record is mine. Can I take a button off your shirt and put it on mine? Can I take a toenail off your foot—is that all right with you?

Kembrew McLeod, Freedom of Expression®: Resistance and Repression in the Age of Intellectual Property, (University of Minnesota Press, 2007), p.102 (discussing how the drummer Clyde Stubblefield, whose “Funky Drummer” beats were among the most sampled, did not get song credit)

 

Page 183:

Maybe it all comes back to this: “Borrowing is permissible but one must return the object borrowed with interest…imitations…prettier and better than the pieces from which they are derived.”

J. Peter Burkholder, “Borrowing,” Grove Music Online/Oxford Music Online (Oxford University Press), available by subscription at http://www.oxfordmusiconline.com/subscriber/article/grove/music/52918pg9 (quoting Johann Mattheson, Der vollkommene Capellmeister (1739) [no citation in the article])

 

Page 185:

Even James Brown borrowed from gospel songs, and from Ray Charles’ soul music.

James Brown,” Rolling Stone online biographies

 

Page 186:

“While there are an enormous number of possible permutations of the musical notes of the scale, only a few are pleasing; and much fewer still suit the infantile demands of the popular ear.”
-----
“Recurrence is not therefore an inevitable badge of plagiarism.”

Darrell v. Joe Morris Music Co., 113 F.2d 80 (2d Cir. 1940)

Learned was his mother’s maiden name, actually…and his real first name was Billings.

John T. Noonan Jr., “Master of Restraint,” The New York Times, May 1, 1994 (reviewing Gerald Gunther, Learned Hand: The Man and the Judge)

 

Page 189:

Bright Tunes Music v. Harrisongs Music, 420 F.Supp. 177 (S.D.N.Y. 1976)
-----
“[H]is subconscious knew it already had worked in a song his conscious mind did not remember…. Did Harrison deliberately use the music of He’s So Fine? I do not believe he did so deliberately. Nevertheless, it is clear that My Sweet Lord is the very same song as He’s So Fine with different words, and Harrison had access to He’s So Fine. This is, under the law, infringement of copyright, and is no less so even though subconsciously accomplished.”

Bright Tunes Music Corp. v. Harrisongs Music, Ltd., 420 F.Supp. 177 (S.D.N.Y. 1976)

 

Page 190:

Three Boys Music v. Michael Bolton, 212 F.3d 477 (9th Cir. 2000)
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“It is entirely plausible that two Connecticut teenagers obsessed with rhythm and blues music could remember an Isley Brothers’ song that was played on the radio and television for a few weeks, and subconsciously copy it twenty years later.”
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Love Is a Wonderful Thing…so wonderful that there are 129 other songs with this n-a-m-e!
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Bolton said he had never heard the Isley Brothers’ song, which didn’t top the charts and wasn’t released on album or CD until after Bolton’s song was written…

Three Boys Music v. Michael Bolton, 212 F.3d 477 (9th Cir. 2000)

 

Page 195:

Yeah, like the stuff from Johnnie Taylor’s Disco Lady—Gaye used that!

Graham Betts, Motown Encyclopedia (AC Publishing, 2014) (entry on Got To Give It Up)

 

Page 196:

Jury Instruction No. 43: Intrinsic similarity is shown if an ordinary, reasonable listener would consider that the total concept and feel of the Gaye Parties’ work and the Thicke Parties’ work are substantially similar …

“Jury Instructions,” Pharrell Williams, et al. v. Bridgeport Music, Inc., et al., Case 2:13-cv-06004-JAK-AGR, Document 322, Mar. 10, 2015, available at https://law.duke.edu/cspd/pdf/williams-blurred-lines_jury-instructions.pdf

The judge did reduce the $7.3 million to around $5.5 million, plus 50% of future publishing revenue.

Williams v. Bridgeport Music, Inc., 2015 WL 4479500 (C.D. Cal. 2015) (post-trial order); summary judgement opinion, Williams v. Bridgeport Music, Inc., 2014 WL 7877773 (C.D. Cal. 2014), available at https://law.duke.edu/cspd/pdf/williams-blurred-lines_summary-judgment-order.pdf

Juries sometimes come out the other way. A jury found Led Zeppelin’s Stairway to Heaven wasn’t substantially similar to Spirit’s Taurus. There, the judge carefully limited the evidence to similarities in the compositions, not the recordings, and the jury instructions excluded “unoriginal” materials.

Skidmore v. Led Zeppelin, 2016 WL 1442461 (C.D. Calif. 2016)

 

Page 197:

They copied “Got To Give It Up” and the jury heard it! … Right now, I feel free. Free from … Pharrell Williams and Robin Thicke’s chains and what they tried to keep on us and the lies that were told.
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It speaks volumes about who we are as a country that, no matter who you are, if you do something wrong there are consequences.

Pharrell Williams and Robin Thicke to pay $7.4m to Marvin Gaye’s family over Blurred Lines,” The Guardian, Mar. 11, 2015 (Associated Press in Los Angeles wire story); Kendis Gibson and Sabina Ghebremedhin, “Marvin Gaye Family Reacts to ‘Blurred Lines’ Verdict,” ABC News, Mar. 11, 2015

Great, Now “Blurred Lines” Has Ruined the Entire Music Industry

Andy Hermann, “Great, Now “Blurred Lines” Has Ruined the Entire Music Industry,” LA Weekly, Mar. 11, 2015

It’s okay if you hate Robin Thicke. But the ‘Blurred Lines’ verdict is bad for pop music

Chris Richards, “It’s okay if you hate Robin Thicke. But the ‘Blurred Lines’ verdict is bad for pop music,” The Washington Post, Mar. 11, 2015

Squelching Creativity

Kal Raustiala and Christopher Jon Sprigman, “Squelching Creativity,” Slate, Mar. 12, 2015

Why the “Blurred Lines” Copyright Verdict Should Be Thrown Out

Tim Wu, “Why the “Blurred Lines” Copyright Verdict Should Be Thrown Out,” The New Yorker, Mar. 12, 2015

“Blurred Lines” Copyright Verdict Creates Bad Law for Musicians

Noah Feldman, “‘Blurred Lines’ Copyright Verdict Creates Bad Law for Musicians,” Chicago Tribune, Mar. 16, 2015

 

Page 198:

I don’t think it’s a steal from Marvin Gaye. I think that the groove is very similar but you have to remember he is a big fan of Marvin Gaye’s so that’s okay. But it’s not the same song. [Stevie Wonder]

Paul Cashmere, “Stevie Wonder Says Blurred Lines Is Nothing Like Got To Give It Up,” Noise11: Breaking Music News and Interviews, Mar. 13, 2015

It still baffles me that that case went the way that it did. Hopefully someday it will get overturned and an aspiring songwriter won’t feel as though they can’t emulate their heroes. [Adam Levine]

Adam Levine On The ‘Blurred Lines’ Lawsuit: ‘That’s Bulls**t’, iHeartRadio, Apr. 4, 2015

You don’t want to get into that thing where all of us are suing each other all the time because this and that song feels like another song. I’m a little concerned that this verdict might be a slippery slope. [John Legend]

John Legend on Working With Sam Smith, ‘Blurred Lines’ Verdict,” Billboard (Associated Press wire story)

The jury’s verdict…takes what should be familiar elements of a genre, available to all, and privatizes them. [Professor Christopher Sprigman]

Kal Raustiala and Christopher Jon Sprigman, “Squelching Creativity,” Slate, Mar. 12, 2015

If this were to become a standard, it’s going to be one of the greatest growth industries of all time, suing people who sound like someone else. [Professor E. Michael Harrington]

Andy Hermann, “Great, Now “Blurred Lines” Has Ruined the Entire Music Industry,” LA Weekly, Mar. 11, 2015

The verdict handicaps any creator out there who is making something that might be inspired by something else. If we lose our freedom to be inspired, we’re going to look up one day and the entertainment industry as we know it will be frozen in litigation. [Pharrell Williams]

Daniel Kreps, “Pharrell Talks ‘Blurred Lines’ Lawsuit for First Time,” Rolling Stone, Mar. 19, 2015

I know the difference between inspiration and theft. You can’t help but be inspired by all of the greatness that came before you. In popular music, you know, there’s only so many chords being used. [Robin Thicke]

Jody Rosen, “Robin Thicke on ‘Blurred Lines’ and Learning From His Mistakes,” The New York Times, July 1, 2015

 

Page 202:

In 2005 a hurricane made landfall in New Orleans. Its name was Katrina.*
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*For the full story see http://boyle.yupnet.org/chapter-6-got-mashup.
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Damien Randle and Micah Nickerson were two Houston hip hop artists. The duo was called the “Legendary K.O.”

James Boyle, The Public Domain: Enclosing the Commons of the Mind (Yale University Press, 2008), Chapter 6 “I Got A Mashup,”

 

Page 203:

I hate the way they portray us in the media.
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If you see a black family, it says “they’re looting” …
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You see a white family, it says “they’re looking for food.”
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And you know, it’s been five days because most of the people are black.
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They’ve given them permission to go down and shoot us…
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George Bush doesn’t care about black people.

James Boyle, The Public Domain: Enclosing the Commons of the Mind (Yale University Press, 2008), Chapter 6 “I Got A Mashup,”

 

Page 205:

George W. Bush said in his memoir that being called a racist was the worst moment of his presidency.

Sean Michaels, “George W Bush: Kanye West attack was worst moment of presidency,” The Guardian, Nov. 4, 2010

“I disagree with your song, but will defend to the death your right to sing it.”

Referring to Stephen G. Tallentyre (pseudonym for Evelyn Beatrice Hall), The Friends of Voltaire (G.P. Putnam's Sons, 1907), p.199

 

Page 206:

Wanting to reference West’s words, the Legendary K.O. remixed Gold Digger
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…Changed the words…
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…Exchanged verses by instant message…
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Fifteen minutes later it was up online. Within days, hundreds of thousands of people had heard it.
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Then filmmakers made video versions of the song, taking images from the news coverage and adding K.O.’s music to it…
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…Many more people saw those.

John Leland, “Art Born of Outrage in the Internet Age,” The New York Times, Sept. 25, 2005

 

Page 207:

The New York Times published an article about it…
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IN the 18th century, songwriters responded to current events by writing new lyrics to existing melodies.
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“Benjamin Franklin used to write broadside ballads every time a disaster struck,” said Elijah Wald, a music historian, and sell the printed lyrics in the street that afternoon.
  This tradition of responding culturally to terrible events had almost been forgotten, Mr. Wald said, but in the wake of Hurricane Katrina, it may be making a comeback, with the obvious difference that, where Franklin would have sold a few song sheets to his fellow Philadelphians, the Internet allows artists today to reach the whole world.
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For example, an unlicensed rap song describing the frustration of African-American evacuees has been made available free on the Internet.
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The song, “George Bush Doesn’t Care About Black People,” by the Houston duo called the Legendary K.O., vividly recounts the plight of those who endured the hurricane, occasionally using crude language in the process.
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It has already been downloaded by as many as a half-million people. The videos have been seen by thousands.
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“A.J. Liebling famously commented that freedom of the press belongs to those who own one,” said Mike Godwin, legal director of Public Knowledge, a First Amendment group. “Well, we all own one now.”

John Leland, “Art Born of Outrage in the Internet Age,” The New York Times, Sept. 25, 2005

 

Page 210:

I Got a Woman had been hailed as one of the first soul songs.
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Soul takes the ecstatic music of gospel…
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…And fuses it with the earthy sounds of the blues.
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In place of divine praise…
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…Soul substituted a message of profane desire.

James Boyle, The Public Domain: Enclosing the Commons of the Mind (Yale University Press, 2008), Chapter 6 “I Got A Mashup,”

 

Page 212:

“Funny thing, but during all these years I was imitating Nat Cole, I never thought twice about it, never felt bad about copying the cat’s licks. To me it was practically a science. I worked at it, I enjoyed it, I was proud of it, and I loved doing it…”
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“…It was something like when a young lawyer – just out of school – respects an older lawyer. He tries to get inside his mind, he studies to see how he writes up all his cases, and he’s going to sound a whole lot like the older man – at least till he figures out how to get his own shit together. Today I hear some singers who I think sound like me. Joe Cocker, for instance. Man, I know that cat must sleep with my records. But I don’t mind. I’m flattered; I understand. After all, I did the same thing.”

James Boyle, The Public Domain: Enclosing the Commons of the Mind (Yale University Press, 2008), Chapter 6 “I Got A Mashup,” citing Ray Charles and David Ritz, Brother Ray: Ray Charles’ Own Story (Da Capo Press, 2004) (1978), p.86

 

Page 215:

[Ray Charles and Renald Richard story of creating I Got a Woman]

David G. Whiteis, Southern Soul-Blues (University of Illinois Press, 2013), p.15

 

Page 216:

Some scholars think it is the 1950 tune “I Got a Savior” from the Harold Bailey Gospel Singers, probably written by Clara Ward.

James Boyle, The Public Domain: Enclosing the Commons of the Mind (Yale University Press, 2008), Chapter 6 “I Got A Mashup,”

But then there is “It Must Be Jesus” by the Southern Tones, a popular gospel song from 1954, which has its own similarities to “I Got a Woman”!

David G. Whiteis, Southern Soul-Blues (University of Illinois Press, 2013), p.15

 

Page 217:

This merger of gospel and blues, substituting the woman for God, was controversial…”Sex, sin, and syncopation.”
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“He’s crying sanctified. He’s mixing the blues with the spirituals. I know that’s wrong. He should be singing in a church.” [Big Bill Broonzy]
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“I was raised in the church and was around blues and would hear all these musicians on the jukeboxes and then I would go to revival meetings on Sunday morning. So I would get both sides of music. A lot of people at the time thought it was sacrilegious, but all I was doing was singing the way I felt.” [Ray Charles]

James Boyle, The Public Domain: Enclosing the Commons of the Mind (Yale University Press, 2008), Chapter 6 “I Got A Mashup,”

Clara Ward, whose songs and arrangements Charles had borrowed from, thought it was a disrespectful attack on gospel music. Big Bill Broonzy spoke out against it too.

Mike Evans, Ray Charles: Birth of Soul (Omnibus Press, 2009)

 

Page 228:

Wikipedia says the average male gorilla weighs 300–400 pounds!

Gorilla,” Wikipedia

 

Page 231:

See Masnick & Ho, The Sky Is Rising.

Michael Masnick and Michael Ho, The Sky Is Rising (Floor 64, 2012)

 

Page 232:

“People don’t make as much money out of records. But I have a take on that – people only made money out of records for a very, very small time.” [Mick Jagger]
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“When The Rolling Stones started out, we didn’t make any money out of records because record companies wouldn’t pay you! They didn’t pay anyone!” [Mick Jagger]
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“Then, there was a small period from 1970 to 1997, where people did get paid, and they got paid very handsomely and everyone made money. But now that period has gone.” [Mick Jagger]
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“So if you look at the history of recorded music from 1900 to now, there was a 25 year period where artists did very well, but the rest of the time they didn’t.” [Mick Jagger]

Sir Mick Jagger goes back to Exile,” BBC News, May 14, 2010