Klarinet Archive - Posting 000996.txt from 2000/07

From: "Carl Rondinelli" <rondinel@-----.com>
Subj: Re: [kl] Re: Mimicking players (was Learning practices)
Date: Fri, 28 Jul 2000 12:37:02 -0400

This is a very interesting thread. I know the basic harmony to Satin Doll
and am also amazed that such a case came up. The harmonies must have been
almost identical in the "mimicked" piece. Certainly the opening progression
has been successfully mimicked. Two examples that come to mind are the pop
standard "Wives and Lovers" and the theme music to the television show
"Bewitched" both of which have the same transition from the first to the
second chords. After that, of course and to the end they digress from Satin
Doll's progressions.
It brings up the question just what is considered plagiarism and what
isn't. Perhaps you can copy three or four chord structures and still get by
without danger of infringement.
Also, years ago I was involved in a series of children's programs where
original songs were written. In almost every one, and it was pretty obvious
to hear if you had a musical background, the song writer copied the RHYTHMS
from popular songs. using of course different words and harmonies. These
songs were pretty catchy and I always felt it had a lot to do with the
copied rhythms.

-------------------------------------------------
----- Original Message -----
From: <charette@-----.org>
Subject: Re: [kl] Re: Mimicking players (was Learning practices)

> >I'd be interested in reading a transcript and looking at the exhibits of
that particular
> case, just to see how close the defendant's actual notes were to
Ellington's original.
> I could see the judge's point if the two were substantially similar.
>
> They were exact - the defendant claimed that the harmonies created by
Ellington were not protected since the defendant felt they were obvious.
>
> > Does the existence of their sound recordings, where those
> innovations are preserved regardless of written music (published or not),
qualify
> them for some form of protection under U.S. Copyright?
>
> The recording is copyrighted; however, the music that was played may or
may not be under copyright.
>
> > And what would stop any
> of them from retroactively launching Sibelius and crystalizing their
inventions
> on paper after hearing me use them in one of my own performances?
>
> Nothing at all. Whether or not they could enforce any claim of copyright
is a different matter - and may depend on the mood of the court.
>
> Mark C.
>
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