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| She's a sweetheart: Mariah Carey |
I cannot rule out that the panel today (6/6/22) will touch on the Mariah Carey thing. I watch "Morning Joe" in bits and pieces now on YouTube. I am a "cord cutter" with cable. So maybe the "Joe" gang will talk about the breaking news of a new lawsuit in the alleged song-stealing world. But in general terms, let's accept that the direction of the morning program has plunged the depths of the incessant and depressing political posturing.
What would they say about the song-stealing suit? There is an educated basis for speculating. This show and any other with a modicum of sensibility would say the lawsuit really has zero chance. That's based on the accepted principle that "you cannot copyright a song title." It's off the table, CW has it. But remember in the original "Star Wars" how the bad guy leader in the "Death Star" at the end was so convinced he couldn't be vanquished? A concerned subordinate approached him and said "I've studied the strategy of (the attackers) and there is a danger."
The danger may have seemed negligible. But the Death Star blew up. So is there "a danger" for Mariah Carey and her operation with what emerged in the news the last couple days? And I'm not sure the news media should really make a big deal out of a "lawsuit" being announced. Silly rabbit, anybody can sue anybody. It does not prove anything. Massive coverage of a lawsuit like this actually has consequences affecting people. Carey might walk away from this untouched, but people will always remember the suit. They might suspect that even though she legally escaped, well, maybe there was something to it, a tiny bit.
"There is a danger?" Let me explain: even though it's accepted judgment that a song title cannot be copyrighted, the case in question here has a somewhat special quality. Here it is: the length of the song title. Yes, it is an especially long song title. The longer the title or phrase, the less likely that the duplication was inadvertent. I didn't come into town on a turnip truck. This is an issue that deserves serious attention in this particular case.
I don't think it is enough for the suit to succeed. Success would have difficult ramifications for the songwriting world. That world has faced headwinds just because of the fear of suits like this. Songwriters have been deterred from their craft by fear of inadvertent copying of a previous musical idea. The fear is that "inadvertent" won't be a good enough defense. Who wants to be sued?
Songwriters had to pay attention to the Katy Perry case. Boy, if this wasn't a "firebell in the night" for them. And why does a jury even get to decide these things? Put a case like this in front of a jury, and those bozos will almost always side with the accuser. It's elementary: if an alleged song-stealing case gets so far as to be weighed in a courtroom, with jury, then the two songs under scrutiny must certainly have some similarities.
But to cross the line into actual "theft" affirmation? Who wants to be accused and found guilty of theft?
Mike Barnicle of the "Morning Joe" panel had to deal with his own issues of this kind from when he was columnist with the Boston Globe. Today he boils it down to a basic "joke-stealing" thing. Heaven help us if we cannot recycle jokes. Or song titles.
I ply songwriting myself some, am proud to do so. And a long time ago I took the title of a Bill Chase number, "So Many People," a song I really liked, and re-processed it for my own totally original song. Mine is not on YouTube. It's filed away on a cassette tape. I had the demo recorded by an outfit in Canoga Park CA. My lyrics were styled after "Blood, Sweat and Tears" in that the theme was philosophical as opposed to interpersonal relationships and feelings. Well, enough about me - I just would point out how I can relate to the current news story re. Carey.
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| Carey with Christmas theme |
When it comes to alleged plagiarism in the writing craft, there is this guideline: up to six words can be coincidence, inadvertent. As soon as you get past six words, odds increase greatly that you are borrowing something. Not sure this even applies to the Carey case, because I'll state again that "song titles cannot be copyrighted." So unless that stance is going to be modified - shudder - Carey need not sweat. Much.
But who wants to be sued? Katy Perry for the rest of her career might have to shake off the stigma of having been sued. The original judgment went against her. So there was considerable attention over that. The judgment was overturned on appeal. The basic melody was not even the crux of the matter. The crux was background stuff, so heaven help us all if that's a basis for winning a suit.
The Perry song in question was "Dark Horse." Her initial setback was dealt by a cotton pickin' jury. A pox on them in cases like this. It took a judge to get everything straightened out.
Sorry George Harrison, I cannot sympathize with you. There were two melodic elements, not just one, at question in his "My Sweet Lord" matter.
Hey, didn't Harrison have a song called "Dark Horse?"
Pick a number
Carey now faces a $20 million lawsuit, jaw-dropping and cause for media attention, right? So I might suggest that the damage is already being done her - not fair. It's all about money of course.
Songwriter Andy Stone is the guy tossing the brickbat. He wrote a song with the same title five years earlier. But it's just a title. Yes, a title with a fairly long series of words by the standards of song titles. So is there a crack of an opening for success? Hmmm. I cannot decisively say "no" on that. So we'll see.
The writer of Carey's song may well have been totally aware of the previous iteration if you want to call it that. If so, he might as well admit it. So what? I admit that I used "So Many People" but that's just three words. Copywriting song titles? Man, that would be an absolute sea change in popular music.
Stone wrote his song under the name "Vince Vance and the Valiants." I have listened to it now. It is a very nice song. Endless new Christmas songs of high quality are written all the time. Ahem, I have written a few.
I haven't read of anyone suggesting that Stone's song has any similarity with Carey's outside of the title. Sure enough I see none. But hey, Stone is going to get lots of attention now and his song will be called up by countless people out of curiosity. So maybe that's the whole idea? Take out "maybe."
All I want for Christmas is no more lawsuits like this.
Shameless plug: my newest original song on YouTube is "Why Can't We All Get Along?" based on what's happening in Ukraine/Russia. The title is inspired by the words of Rodney King of the infamous Los Angeles traffic stop/beating. King was no saint but his "get along" words had/have staying power, don't you think? Why did I think of it? Bless you if you give a listen to my song. Here is the link:
- Brian Williams - morris minnesota - bwilly73@yahoo.com
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