[ABSTRACT] Appropriation and Copyrightability in Music Copyright

I Hate These Blurred Lines: Wrongful Appropriation and Copyrightability in Music Copyright

Academic/copyright post: here’s an abstract (pdf) of a paper that I’ll be presenting with Prof Wendy Gordon next week at Boston University Law School.

James Newton

Flautist and composer James Newton, whose work ‘Choir’ was sampled by the Beastie Boys in’ ‘Pass The Mic’.

This is based in part on an earlier paper that we presented at the Art of Record Production Conference in Aalborg, Denmark in December 2016, a draft of which is embedded below with voiceover and music examples. As this is an academic paper about music copyright, it contains musical excerpts from the original audio recording. My first attempt to embed the video resulted in an automatic takedown (academic fair use YouTube dispute is in progress), so I’m trying again with a Screencast embed. Because the video represents commentary and (not for profit) academic research, I’m continuing to claim fair use. Let’s see how long the audio survives!

Abstract: We have two concerns with music infringement trials: The first concern is the process by which juries decide questions of whether a defendant copied too much from a plaintiff’s work. (This is the inquiry sometimes known as “wrongful appropriation” or “substantial similarity”.) This paper discusses the challenges of methodology in forensic musicology, and the musical and psychological difficulties of applying the ‘substantial similarity’ test fairly and objectively. (Bonadio, 2016; Gordon, 2015). We present an analysis of three disputes, with comparative audio examples – The Isley Brothers/Michael Bolton (2001); Robin Thicke & Pharrell Williams/Marvin Gaye (2015); and Randy California/Led Zeppelin (2016).
Our second concern addresses copyright classifications, in particular, the contested relationship between the creative decisions that give rise to copyrights in “musical works” (compositions) and the creative decisions that give rise to “sound recordings” (sounds as rendered). We suggest that overlap between the two is common and should be better recognized. To illustrate the potential compositional contributions of performers and sound engineers, we utilize audio examples from Newton v. Diamond and other disputes.

[Read more…]

Black Magic: Shaping Audience Conceptions of Recording Practice #arp2016

Black Magic: Shaping Audience Conceptions of Recording Practice

Alan Williams, UMass Lowell

ABSTRACT

Recording practices were once closely guarded secrets – rarely remarked upon, barely acknowledged. But as public curiosity developed about the ever evolving sounds embodied in recordings, explanations and representations emerged that simultaneously served to reveal and obscure the processes that shaped the music that caught the ear of the listener. This presentation examines the formation of three distinct mythologies – technology as magical wizardry; technology as musical sham; and technology as marker of nostalgic value. In the first thread, audio technology is harnessed by creative geniuses, working in a realm far removed from the normative listener and/ or musician. In the second thread, audio technology is seen as bestowing talent where none exists, manufacturing inherently inauthentic product, and implanting the uncomfortable notion that all musical performance is potentially a sham. The third thread exhibits a selective memory that praises some forms of technology, while rejecting others, often posited as past versus present.
Building upon the work of Barthes, Théberge, Taylor, Keightley, and others, I will analyze media representations of recording practice from literature, film, television, and Internet memes to illustrate how each mythology is constructed and disseminated, and in turn how these mythologies inform the listener’s experience of recorded audio, and musical creation in general.

Alan’s first slide covers mythology and marketing, and he outlines the technological literacies he intends to discuss by playing Jerry Lewis meets the Theremin from The Delinquent Detective (1956):

He speculates that the scary/sci-fi 1950s context of the theremin was possibly a cultural allusion to the scary nature of Elvis, whom Lewis impersonates in the Theremin scene. [Read more…]

The Creation of ‘Paperback Writer’ #ARP2016

Examining the Creation of ‘Paperback Writer’: The Flow of Ideas and Knowledge Between Contributing Creative Systems

Phillip McIntyre & Paul Thompson

I’ve been following both Phillip and Paul’s work for many years; it’s good to see them working together on another paper (here’s a previous one about the Mellotron). Add in the study of songwriters’ creative processes, and this was a must-see paper for me. (Though TBH they had me at Paperback Writer).

ABSTRACT

From a creative systems view nothing exists in isolation (McIntyre, Fulton & Paton 2016). Consequently, a system such as a system of recording can sometimes appear to operate independently with well-defined boundaries, but it still depends upon other systems (Skyttner 2006, p. 38). There are then multilayered systems within systems in which: ‘a system in one perspective is a subsystem in another. But the system view always treats systems as integrated wholes of their subsidiary components’ (Laszlo 1972, p. 14). This interconnectedness of systems has been illustrated by Arthur Koestler (1975) using the terms ‘holon’ and ‘holarchy’ in which a holon is an aspect of systems that is both a part of something at one scale and, at the same time and at another scale, is itself a whole system. A holarchy is the multilayered heirarchy of these holons. Inside this nested world, system within system, one system is no more or less important than the others operating above or below it. Not only are systems part of these vertically arranged holarchies but they are also often connected horizontally through complex networks of many other similar systems. For example, the system of audio engineering has deep connections horizontally to the system of producing and the system of musicianship. These holons are linked vertically to the broader system of popular record production and at a different scale to the system of western music. This paper explores the scalabilty of creative systems by examining the recording and production of the Beatles’ ‘Paperback Writer’ (1966). It examines Paperback Writer’s production at the various scales of creative action, exposing some of the creative processes on an individual level and the sharing of ideas and knowledge between the creative group within Studio Three of EMI’s Abbey Road studio. The flow of ideas back and forth between the various contributing vertically and horizontally interconnected systems is also studied to gain a more comprehensive perspective on the creative systems that contribute to the song’s production.

[Read more…]

Recording in the 1960s: the new (Cult)ure of the Studio #arp2016

 

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One day, all conference programmes will look like this.

I’m here in Aalborg, Denmark for the 11th Art of Record Production conference. ARP is one of my favourite conferences, for the following reasons:

  • It’s a good mix of academics and studio practitioners
  • It has an open-access peer-reviewed online journal
  • It consists entirely of techy people, so the PowerPoints and sound systems always work
  • The entire conference programme pack can be carried in your pocket – see photo

Our first keynote speaker St John’s University’s Susan Schmidt Horning (New York). Susan’s research deals with the way musical style is shaped by developments in recording technologies. Her book ‘Chasing Sound: Technology, Culture, and the Art of Studio Recording from Edison to the LP’ is known to many ARP delegates.

IMG_1604.JPGSusan’s starting point is the technological, social and cultural upheaval from the 1960s, drawing a line from postwar technologies. Ampex tapes became the industry standard, based on the work of a company that began in Radar research. The major labels – RCA, Decca and Columbia – all began around the mid-20th century. They had a dramatic effect on recorded sound because they were monetising recordings, due in part to the empowerment of a new generation of young people with disposable income who could purchase the new pop product – the single, and later, the album. [Read more…]

Berklee’s Fair Music report

music20in20the20digital20ageMy first full session today at the CMS conference is presented by Berklee faculty members Peter Alhadeff and Luiz Augusto Buff. They are, today, analysing and critiquing Berklee’s Fair Music Report.

Peter begins with some caveats; he comments that the report deals particularly with the recording industry (and does not cover other music industries – e.g. live music and music education).  Second, he notes the support from Kobalt Music, whom he notes are a very particular type of publisher, with a particular interest in digital and many very large-scale song catalogues in their portfolios. [Read more…]

Have you been hearing Bohemian Rhapsody ‘wrong’ all these years?

You know that feeling when a song’s intro seems to trip up your ear, so that when the band comes in it sounds like the timing’s out? There are a few rock classics that play with our rhythmic ears in this way. When I first heard Led Zeppelin’s Rock And Roll I thought the drum intro featured several time signature changes, until I realised that it’s just four bars of 4/4 with three eighth-notes before the downbeat (to hear it ‘properly’, start counting 4/4 on the fourth drum hit – the downbeat is the first accent).

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Rock And Roll, correctly transcribed. Three eighth notes lead us to the accented downbeat of the first full bar.

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Eurovision 2016 live blog

t1_2016[Next morning]

OK so I got two of the top three, and predicted Australia’s placing, but I underestimated the power of Jamala’s vocal, or perhaps the political impact of the lyric of 1944.

THE WINNERS

  1. Ukraine
  2. Australia
  3. Russia

THE PREDICTIONS

  1. Russia
  2. Australia
  3. France

ORIGINAL PRE-LIVE BLOG

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