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.
This is a blog post about 5 bars of music. As reported in Rolling Stone and The Sun recently, the melodic similarity between Sam Smith’s 2014 song Stay With Me and Tom Petty’s I Won’t Back Down (1989) resulted in an amicable settlement between the writers and publishers sometime in 2014, resulting in Petty and Jeff Lynne, who originally wrote I Won’t Back Down, receiving a 12.5% share of the royalties. The PRS database in the UK confirms the share (members only access).
And subjectively, the songs are pretty similar, as bloggers had been pointing out since mid-2014.
But everyone was relaxed about the settlement, and Petty issued a statement to this effect:
About the Sam Smith thing. Let me say I have never had any hard feelings toward Sam. All my years of songwriting have shown me these things can happen. Most times you catch it before it gets out the studio door but in this case it got by. Sam’s people were very understanding of our predicament and we easily came to an agreement. The word lawsuit was never even said and was never my intention. And no more was to be said about it. How it got out to the press is beyond Sam or myself. Sam did the right thing and I have thought no more about this. A musical accident no more no less. In these times we live in this is hardly news. I wish Sam all the best for his ongoing career. Peace and love to all. (Petty, 2015)
Here’s the thing. Petty used the term ‘accident’, which one might interpret as meaning the copying of the melody was inadvertent. Sam Smith’s representatives claimed that the similarity was the result of a ‘coincidence’:
I’m en route to the UK & Ireland IASPM conference in Cork. I was at the International one in Spain last year – the branch and International IASPM conferences leapfrog each other every other year, so for 2014 we’re back in our respective countries. I’ve submitted an abstract for the 2015 conference in Sao Paulo, Brazil (about chord loops in the Eurovision Song Contest – regular readers will know this is an interest). Waiting to hear if it gets through peer review.
So here’s my abstract for the forthcoming conference. This is part of a panel about similar themes — other presenters are Holly Holmes (Chester), Dan McKinna (BIMM) and Marcus O’Dair (Middlesex).
As always I’ll live-blog from the conference where possible.
Where is creativity? Locating intellectual property in collaborative songwriting and production processes
(Joe Bennett, Bath Spa University)
Songs lie at the centre of popular music’s Intellectual Property framework. They represent the starting point for the industry’s two most important creative products: the live performance or the recorded audio artefact. In the early 20th century, US and European copyright conventions were established whereby two separate objects could be ‘owned’: the song and the sound recording, the latter being a derivative work of the former. This state of affairs, where ‘song’ and ‘track’ are separate copyrights, remains at the industry’s administrative core, and has led to awareness among creators of the economic benefits of ‘keeping a slice of the publishing’.
However, in real-world songwriting and production situations it is not always easy to ascertain who contributed to ‘writing the song’ and who acted as an arranger, performer or producer. Inferring creative contributions from the audio artefact itself is fraught with methodological challenges; from a listener’s point of view, there is no experiential distinction between song and track. Drawing on the theoretical work of Moore, McIntyre and Csikszentmihalyi2, together with interviews with professional songwriters and the author’s own experience as a songwriter and expert witness forensic musicologist, this paper argues that the artificial administrative distinction between ‘song’ and ‘track’ is simultaneously a constraint upon creators and a silent driver of creative practice itself.
2 Allan F Moore, Song Means : Analysing and Interpreting Recorded Popular Song (Ashgate, 2012); Phillip McIntyre, “The Domain of Songwriters: Towards Defining the Term ‘Song,’” Perfect Beat: The Pacific Journal of Research into Contemporary Music and Popular Culture 5, no. 3 (2001): 100–111; Mihaly Csikszentmihalyi, “Society, Culture, and Person: A Systems View of Creativity,” in The Nature of Creativity : Contemporary Psychological Perspectives, ed. Robert Sternberg (Cambridge University Press, 1988), 325– 339.
In my recent research I’ve become increasingly interested in the way mainstream songs behave like a Darwinist ecosystem (this is the book chapter where I set out these ideas in more detail). The theory goes that successful characteristics of songs self-propagate because hits influence songwriters to do more of the same – although this may eventually lead some songwriters to challenge what become mainstream norms. So it can be interesting to analyse the most successful ‘organisms’ in the environment to see which musical, structural and lyric characteristics are evident.
Early in 2013 I looked back at the top 10 airplayed songs of 2012 (see Take Me Down Like I’m a Four-chord Loop) and found a number of musically similar characteristics, notably a prevalence of four-chord loops and surprising lack of variation of tempo – half of the songs had a tempo of 128 beats per minute.
Putting the product back in the process: on fluxus, viruses, organisms and the Instant Composers Pool
In this paper I connect musicological interest in performance with the new materialism that is growing in the broader humanities, and use this background to argue for a reconsideration of the score in relation to performance.
Between a rock and a hard place: discourse, practice and the unbearable lightness of analysis. Methodological challenges in studying creative process in Iranian (classical) music
Since the late 1980s, an important strand of my research has sought to understand the underlying creative processes of Iranian classical music, a tradition where the performer plays a central creative role and which is therefore often described as ‘improvised’, both in the literature and – since the mid-20th century and drawing on concepts initially adopted from European music – by musicians themselves. Methodologically, perhaps the greatest challenge is tracing the relationships between musicians’ verbal discourses – usually taken by ethnomusicologists as evidence of cognitive processes – and what happens in practice. Of course, the relationship is a complex one and the dual ethnomusicological methods of (a) ethnography and (b) transcription and analysis don’t always tell the same story. In the case of my work, there was a disjuncture between musicians’ discourse of creative freedom, albeit underpinned by the central memorised repertoireknown as radif, and the analytical evidence which showed the music to be highly structured around a series of what could be termed ‘compositional procedures’, but which are not explicitly discussed by musicians.