So you are in a good mood and you
are singing a tune and before you know it you are tapping a good familiar beat
on the table to it and then making up some story to sing with it. Hey! You have
instantly become a songwriter within 20 minutes. This happens more often than
not these days. I think it could be because we are all exposed to more free
music from any age on any device we have. Years ago you had to actually buy a
record to listen to it many times. Now not only can you easily hear any song
you want to now, you can also hear the song being performed by many artists on
diverse instrumentation. At that point, whose song is it ? Should all music be
at folk status or can someone or some legacy of someone still claim ownership
of a tune or beat or set of words?
Is it possible that the song you
just created you actually stole from another artist? This issue keeps
entertainment lawyers busy and their legal defense arguments are becoming more
and more strange. Recently Robin Thick had to defend his hit single but in his
own defense he said that he did not really write it and that he was drunk and
high throughout the creative process and yes that can be submitted as a legal
defense. He is being accused of taking credit for a song originally written and
recorded by Marvin Gay. Is it straight up stealing?
This is not a new issue just an
increasingly more argued issue maybe because more people have more access to
other people’s music these days. Johnny Cash’s song Folsom Prison Blues cost him
$75,000 for borrowing the melody from the lesser known song Crescent City
Blues. John Lennon settled out of court for the Beatles song Come Together. It’s
beat and song structure echoed Chuck Berry’s song You Can’t Catch Me. The Ghost
Buster’s Theme Song that was nominated for an Oscar earned a lawsuit from Huey
Lewis for it’s striking resemblance to I Want A New Drug. Eventually they also settled out of court.
Katy Perry’s Roar reminds people
of Sara Bareillis’s hit Brave but they
are not suing each other. Lady Gaga’s Born This Way sounds like Madonna’s
Express Yourself but she isn’t suing either. The fate of Blurred Lines is now
up to the courts. Dot the Gayes own just the composition and not the recording?
Do old artists just smell money and rush in to make their infringement demands?
Regardless of the decision in this case , it could have an impact in the troubling
music industry. It is scheduled to go to trial next February.
So, the next time you are singing
a tune, tap a beat to it and make up a few words to it. Be careful if you dare
to make a dime from it. Someone else
probably got to your song before you and
wants that dime.
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