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

Jackson Browne - Kisses Sweeter than Wine

Europe has a rich history of embracing blues and jazz music. In the early 20th century, American jazz musicians began touring Europe, introducing the continent to a new sound that was unlike anything they had ever heard before. Jazz became an instant hit among European audiences, and many European musicians began incorporating jazz elements into their music. Today, jazz festivals are held all over Europe, attracting thousands of fans from all over the world. In addition, many European cities have thriving blues scenes, with local bands and musicians performing regularly. Blues and jazz have also made their way to Asia, where they have found a devoted fan base. Japan, in particular, has a thriving jazz scene, with many Japanese musicians achieving international recognition. In addition, China has also seen a rise in the popularity of jazz music in recent years. Jazz festivals are now held in major Asian cities such as Tokyo, Shanghai, and Hong Kong, attracting jazz lovers from all over ...
Post a Comment
Read more

Roy Haynes - Satan's Mysterious Feeling

Sun Studio, located at 706 Union Avenue, was started by one of the fathers of rock ‘n roll, Sam Phillips, in 1950. It was the commingling of the Memphis Recording Service and Sun Records that formed Sun Studio, and until 1969... The studio’s claim to fame is that it is where the first rock ‘n roll record was produced, Rocket 88, in April 1951. Stax Records was born in 1957. The original Stax was named Satellite Records until it changed its name to Stax in 1961. The company brought to the forefront American and Memphis soul, as well as gospel, funk and the Delta blues. Its most famous act was Otis Redding, and after his death in 1967, the studio struggled to stay in competition with Detroit’s Motown. The music of Memphis has evolved from its long, rich history. The legends of the past have created a legacy that newer artists can only hope to imitate but never really duplicate. A walk along Beale Street should invoke the memory of the great musicians who have come to and played in Memphi...
Post a Comment
Read more

Chuck Berry - Broken Arrow

The blues grew up in the Mississippi Delta just upriver from New Orleans, the birthplace of jazz. Blues and jazz have always influenced each other, and they still interact in countless ways today. Following the end of the Civil War, black men had few options other than doing backbreaking manual work or something like becoming a traveling minstrel. Many chose to rely on their physical stamina and the soulful and melancholy lyrics of many blues songs to create a powerful, emotive and rhythmic music celebrating the life of black Americans. The lyrics they sang reflected their daily lives including sex, drinking, jail, murder, poverty, hard labor and lost love. In the early 20th century, the blues was considered disreputable as white audiences began listening to blues. Blues came into its own as an important part of the country’s relatively new popular culture in the 1920s with the recording, first, of great female classic blues singers and, then, of the country folk blues singers of the M...
Post a Comment
Read more