Here is the abstract, with references, for the academic paper I presented at the IASPM 2017 conference in Kassel, Germany. At the moment it’s just abstract, slides and references. If it ever turns into a full paper I’ll upload it to this website with the rest.
Abstract: The songwriter Stephen Schwartz once described his ‘Unlimited Theme’ (from ‘Wicked’) as a musical joke, using as it does the first seven pitches from ‘Over The Rainbow’.Schwartz believed that by limiting the number of copied pitches, he was evading an accusation of plagiarism. Schwartz’s belief in a legally defined plagiarism threshold represents a common misconception among musicians; there is a similarly widespread myth that copyright law permits a specific number of seconds of audio sampling (this has explicitly been contradicted in US case law). But borrowing and adaptation is a common form of creativity, and there is a real risk that if creators misidentify the line between influence and plagiarism, they might either inhibit their own creative freedoms, or inadvertently infringe copyright. This paper discusses the mythical plagiarism threshold, using examples from copyright case law, interviews with creators, and comparative analysis of musically similar works to explore the question “how much is too much”?
Bridgeport Music, Inc. v. Dimension Films, 383 F.3d 390 (6th Cir. 2004)’. Harvard Law Review 118 (4): 1355–62. doi:10.2307/4093384.
Cronin, Charles Patrick Desmond. 2017. ‘Seeing Is Believing: The Ongoing Significance of Symbolic Representations of Musical Works in Copyright Infringement Disputes’. Social Science Research Network. https://papers.ssrn.com/abstract=2967590.
Demers, Joanna. 2006. Steal This Music – How Intellectual Property Law Affects Musical Creativity. Athens : University of Georgia Press,.
Grand Upright Music, Ltd v. Warner Bros. Records Inc., 780 F. Supp. 182 (S.D.N.Y. 1991)
Friends, musicians and soundmen (and women) – lend me your ears. Here are some Wayfair TV commercials in a playlist – let me know (Twitter @joebennettmusic) what songs you think they’re using as a template for the music. Disclosure – this is for academic research, not copyright/client work.
[Health warning – these ads have a level of cheesy catchiness that may be difficult to cure once acquired.]
As mentioned in a previous post, the question of whether Led Zeppelin’s Stairway To Heaven (1971) copies a part of Spirit’s Taurus (1968) may soon be settled.
Representatives of the late Randy Wolfe (aka Randy California) are claiming that the four-bar introduction section of Stairway To Heaven copies a substantial part of his 1968 instrumental composition Taurus.
Judge Gary Klausner stated that a jury should be used, because the matter in question is necessarily subjective: “while it is true that a descending chromatic four-chord progression is a common convention that abounds in the music industry, the similarities here transcend this core structure […] What remains is a subjective assessment of the ‘concept and feel’ of two works”.
So let’s compare the works – how similar are they?
In the next couple of days I’ll post proper transcriptions of the two with audio and some discussion points. For now, here’s an interview I did yesterday with BBC Radio 5 live, discussing the songs with presenters Sarah Brett and Ore Oduba.
Adam Patrick Bell, Montclair State University, USA
Abstract: Doityourself (DIY) recording can be a misleading term in the current era of record production as the process often enlists the services of a professional audio engineer. Who performs the recording, mixing, and mastering of the DIY recording? At what point does the professional enter into the picture of production? This paper will examine the working processes of two DIYers who employ audio professionals to assist them in realizing their goals for their home recording projects. Conducted as separate case studies, the ethnographic tools of video recording and interviewing were employed to detail the participants’ experiences of producing a recording in a home studio environment. Given that both of the participants discussed in this study had aspirations of producing “professional” recordings of their work to support their respective pursuits of “making it” as professional musicians, how do they conceive of what counts as a “professional” recording and how do the audio professionals they employ contribute to this realization? While popular media ranging from parody (i.e., South Park) to promotion (i.e., Apple) reinforce the perception that the modern digital audio workstation produces radioready results in the hands of anyone, the case study participants’ DIY recording endeavours reveal that, at least in these instances, professional help is needed; DIY recording would be more aptly classified as DIWO (doitwithothers). The implication of this reality for the audio professional is that their services are still in demand, but the point in the record production process in which they commence collaborating with the DIYer shifts on a projectbyproject basis. The DIYer tends to remain selfsufficient as long as possible, until their record production aims can no longer be achieved independently. At this point they hire a fixer, an audio professional who must be able to see start midprocess and see the project through to completion.
Abstract: Due to the development of digital technology music production has changed. Any aspiring pop musician is required to have a home studio even if the end product acquired in that particular studio never reaches the radio waves. This makes everyone a producer of some kind and, due to cloud drives and the digital space, collaborative music production partly takes place independent of space and time. The problem is that the term “producer” becomes more obscure as the new generation of music makers distinguish between “trackers” or “track guys”, “topliners” and “songwriters”. Furthermore, due to phenomena such as “copyright wars”, in the presentday DIY setting, where most people start their carreers, forward-driven producers and music makers need a whole new set of skills. These skills increasingly include knowledge about copyright law, contracts and legal processes and less that of traditional musicianship. I base my claims on a case study, who is a Helsinki-based aspiring “urban pop” producer Mikke Vepsäläinen.