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Joke-stealing appeared to be at issue when Mike Barnicle encountered troubled waters with the Boston Globe. He says today it was merely a joke-stealing matter, nothing worthy of weighty consideration.
Creative people do not do their thing in a vacuum. It would be impossible to accomplish much if anything that way. So once we recognize our own talents, we bathe ourselves in what's out there in that field. Certainly this is not with the idea of "stealing," at least for most practitioners. These people typically talk about their "influences."
OK so I do some songwriting. I can think of three of my own songs that I would not have written if I had not been "influenced" by a pre-existing song. Allow me to emphasize right here and now: my own songs would pass any test for being original. So even if I were to strike it rich - 100 percent hypothetical - I would be at ease. But there was a certain quality or feel, or even a few bars of chord progression, that steered me toward writing the three songs.
It's unfortunate that the wonderful art of songwriting is clouded by lawsuits that can fly like confetti. It's a given if you're in the business, I guess.
Of late the pendulum appears to have been shifting in these matters. I personally welcome this. Certain cases on appeal have been overturned to cut a break to the alleged "stealer." In other words, theft must be identified in more blatant terms now, not subtle. The subtle criterion could drive everyone nuts. The legal system is striving to set reasonable terms so that people with a love of the songwriting craft can keep doing their thing. In other words, with no heavy deterrent from the legal system.
Katy Perry got nailed by the arcane and confusing criteria - it was mind-blowing - then a judge higher up erased all that. I gather that the problem is with juries. Best to leave juries out of most of these matters. If an accusation reaches the level where it's heard in a formal court setting, then we can assume that there is some sort of similarity between the two songs. A jury will hear both and very likely buy the accusation of similarity. If a lawyer and "expert witnesses" have to go on at length about how it's "borrowing" or whatever, that in itself throws up doubt.
If someone stole a song, play the two songs in succession and leave it at that, you knaves. Oh, but lawyers are involved. They'll make your head spin.
Say it ain't so
A few months ago we got word that a Christmas classic is in the lawsuit crosshairs. The publicity itself would put someone like Mariah Carey on the defensive. Just as Katy Perry had to feel humiliated for a time.
The Carey case has special interest because it tests an old truism. Which is: a song title by itself does not bring IP protection. That's "intellectual property." I'm a songwriter so I'm an "intellectual?" Hmmm.
I wrote a post in response to the Carey situation, suggesting that the lawsuit might not be written off as frivolous. My argument is based on the unusually long length of the song title: "All I Want for Christmas is You." It's a quite specific thought. But even if the alleged "stealer" did in fact re-purpose the earlier title for a new song, the general understanding in music is that it's OK.
Why would someone try a lawsuit anyway? Money! Yes, when you strike megabucks with a tune, a whole crowd of people out there will see if they can sue you. So here's another try and it might have potential, albeit of the uphill kind.
Remember the John Lennon song "Happy Xmas (War is Over)?" Lennon re-purposed an old English folk melody. There is no legal debate on this because songs in the public domain lose any IP protection. If a song is public domain, go ahead and use the melody and craft some new lyrics. It has been done many times.
"Peter, Paul and Mary" developed their "Stewball" song with the same melody as what Lennon would use. Oh, and I remember the Jamaica tourism promo melody which was exactly the same melody too!
I believe there was a hangup with using the "Happy Birthday" song in movies for a long time: someone owned it. "Happy Birthday" should be in the public domain just based on common sense.
A challenge
In the wake of the suit vs. Carey being announced, I have a suggestion: a nationwide songwriting competition for everyone to write a new song with the title "All I Want For Christmas is You." Would be fascinating to see the results. Here is my entry:
"All I Want For Christmas is You"
by Brian Williams
We feel infatuation
With tinsel and the like
Wrapping paper on the floor
And the Christmas lights
Yes it seems so festive
Songs enhance the mood
But all I want for Christmas is you
CHORUS:
All I want for Christmas is you
Nothing else can match it, it's true
Just to see your smiling face
And hear your laughter too
All I want for Christmas is you
We leave some milk and cookies
For Santa to enjoy
He has a special something
For every girl and boy
As for me I'll tell you
From my point of view
All I want for Christmas is you
(repeat chorus)
It's not about the presents
Though they can be nice
Yes I like the music
Making spirits bright
There is only one thing
Truly I behoove
All I want for Christmas is you
(repeat chorus)
I'd like to watch some football
But the times have changed
Now we know the science
What it does to brains
So to heck with TV
I'll just say I'm through
All I want for Christmas is you
(repeat chorus)
- Brian Williams - morris mn minnesota - bwilly73@yahoo.com
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