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Klarinet Archive - Posting 000987.txt from 2000/07

From: Neil Leupold <>
Subj: [kl] Re: Mimicking players (was Learning practices)
Date: Fri, 28 Jul 2000 09:27:26 -0400

--- Mark Charette <> wrote:

> In Tempo Music Inc. v. Famous Music Corp. (838 F. Supp. 162 (S.D.N.Y. 1993))
> _harmonies_ composed by Duke Ellington to "Satin Doll" were considered
> original enough for copyright protection. The court rejected the defendant's
> that harmony "results only from the formulaic application of centuries-old
> compositional rules". If I were a lawyer taking you to court, I'd certainly
> cite this case.

That's an incredible precendent. I can't believe Ellington won that case.
Well, I mean, I can, but it's astonishing. Still, I do seriously wonder
what I'm technically doing when I memorize another performer's innovations
on a piece and splice them into my own interpretation. In some cases, I
can't even remember what the original music looks like, I've so deeply
ingrained the modification into my concept of it. It would probably
trip me up the first time around to go back and read the music as it
was originally written.

-- Neil

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