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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."

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