Skip to main content

Charles Mingus - How Low The Earth

Although harmony by itself generally does not receive copyright protection, '07 Tempo Music Inc. v. Famous Music Corp. indicated that harmony might suffice. Duke Ellington's estate, namely his son Mercer and the Famous Music Corporation, sued the executor of Billy Strayhorn's estate claiming that Strayhorn did not have a protected interest in his harmonic contributions to subsequent arrangements of Satin Doll, a song by Ellington... Examining the issue of harmony, Judge Sand acknowledged harmony as inherently derivative because it usually accompanies an already created melody. Rejecting the Ellington Estate's argument that harmony cannot itself give rise to a copyright, the court held that, although certain chords occur inevitably from a given melody, composers especially in jazz and contemporary music sometimes make especially creative use of harmony, which necessarily influences the mood, feel and sound of a piece.

Instead of relying on the proposal of novel results as the standard for originality, the court deemed the creative process as most important, leading to its conclusion that harmony can, as a matter of law, be the subject of copyright. The court's refusal to grant summary judgment indicated the court's more expansive view of copyright protection.

In some cases, a portion of a musical work will prove important enough so that copying, or nearly copying, it will warrant a finding of copyright infringement. Plaintiffs can face a difficult burden when claiming copyright infringement in this manner. Generally, if a portion of one work proves to be quantitatively and qualitatively similar to another work, it will infringe the original work.


Charles Mingus - How Low The Earth
  • Arranger by: Louis Lubella, Charles Mingus
  • Recorded on: December 12, 1953
  • Released in: 1954

"Accomplished on the double bass, cello and piano, Charles Mingus was well known as a band leader, recording artist, producer, and a highly innovative composer. Mingus earning the reputation of the Angry Man of American jazz."

See previous Song of the Day

Labels:
Location: United States

Comments

Post a Comment

Popular posts from this blog

Pat Metheny and Brad Mehldau - Long Before

Pat Metheny and Brad Mehldau - Long Before Recorded in: December, 2005 Recorded in: New York, NY Genre: Jazz "Pat Metheny has participated in the academic arena as a music educator. At 18, he was the youngest teacher ever at the University of Miami. At 19, he became the youngest teacher ever at the Berklee College of Music, where he also received an honorary doctorate." See Previous Song of the Day  
Post a Comment
Read more

David Sylvian - The First Day

When the story of Blues is told to the world, the small town Holly Springs, Mississippi and the North Mississippi region as a whole, is often left out. But, those who know, know that this region is the Hill Country, and it is the home of a style of blues unlike others and continuing to shape popular music culture. Mississippi Hill Country Blues, like all forms of the blues, is deeply rooted in the cultural memories and experiences of those who first performed it. It builds upon the African and diasporic emphasis upon rhythm as not just beats and timing, but giving syncopation and polyrhythm both rhythmic elements, an elevated role in music much like that of the melody. The driving rhythm and aggressive groove, established primarily by sitting on one chord for long phrases, set Hill Country Blues apart from other forms like Delta Blues. Hill Country Blues is the soundscape of the region that includes several counties and towns around Holly Spring, Senatobia, and Como, Mississippi. The r...
Post a Comment
Read more

Nina Simone - Exactly Like You

  Nina Simone - Exactly Like You Published in: 1959 Released: in: 1964 Genre:: Jazz "Nina Simone's years at RCA spawned many singles and album tracks that were popular, particularly in Europe. In 1968, it was a medley from the musical Hair that became a surprise hit for her, reaching number 2 on the UK Singles Chart and introducing her to a younger audience." See Previous Song of the Day  
Post a Comment
Read more