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01-30-09 Footnotes
Show 166: Rock Plagiarism, Heartless Bastards Review, Greg's DIJ
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Download the Podcast: (Download the MP3)
1 The Grammys may be the most well-known music awards, but the Village Voice Pazz & Jop Critics Poll is perhaps the best barometer of what was good in the world of music. The ballots are in for 2008, and among the almost 600 critics surveyed, TV on the Radio’s Dear Science came out on top. As Jim explains, the critics often do it better, but the poll is not perfect, especially since the departure of longtime Pazz & Jop “Dean” Robert Christgau. Usually the Village Voice list is vastly different from the list of Grammy nominations, but this year there are some crossovers, especially in terms of singles. M.I.A’s “Paper Planes” and Estelle’s “American Boy” got top marks in Pazz & Jop, as well as a number of Grammy noms.
2 On January 20, President Barack Obama not only inherited 2 wars and a failing economy. He also inherited a pretty kick-ass record collection. According to a recent story in Rolling Stone, there are several hundred LP’s in the White House basement, including Led Zeppelin IV, Let it Bleed and Rocket to Russia, all provided by the RIAA and marked with the presidential seal. The list of records was not always so cool though. During the Nixon administration, album artists included Pat Boone and John Denver. So, Jim and Greg want to volunteer their own services to make sure that the collection thrives in the year to come. They say: “Ask not what your country can do for you. Ask what you can do for your country’s record collection.”
3 This week’s feature is all about stealing…notes, that is. Throughout the history of recorded music, there have been a number of instances where one artist accuses another of plagiarism. As Jim and Greg discuss, creative thievery can be much more complicated than the bank kind. You have to consider issues of access, influence, song structure and production, not to mention greed and sour grapes.
So to wrap their heads around music copyright lawsuits, they first talk to attorney Charles Cronin about a recent lawsuit involving Coldplay’s “Viva La Vida” and Joe Satriani’s “If I Could Fly.” Professor Cronin is a visiting fellow at Yale Law School and the manager of the Copyright Infringement Project at UCLA. He explains to Jim and Greg that while it may be unlikely that the members of Coldplay sat around jamming to Satriani’s guitar licks, a jury might still feel they had access, even unconsciously. The melodic similarities are tiny, but evident. What may be harder for the plaintiff Satriani to prove is that the audience for his music was at all affected by the release of the Coldplay song.
4 If Satriani vs. Coldplay ever goes to trial, its verdict will no doubt be affected by precedents set in other landmark copyright cases. For a mini legal clinic, read up on these three major cases:
Mack vs. Harrison
Bridgeport vs. Combs
La Cienga Music vs. ZZ Top
5 To end their discussion on rock plagiarism, Jim and Greg go to one of the most absurd instances of legal action—that when one artist is sued over his own work. In Fantasy vs. Fogerty, the works in question are “Run Through the Jungle” by John Fogerty and “The Old Man Down the Road” by…you guessed it…John Fogerty. The Creedence Clearwater Revival frontman was accused of cribbing his own notes. Jim and Greg speak to Kenneth Sidle, the attorney who successfully defended Fogerty against his former publishing company in this case. Sidle agrees that major changes are needed in copyright laws and how they are handled in court.
6 Next up Jim and Greg review The Mountain, the third album from Heartless Bastards. The heart and soul of the trio is singer, guitarist and chief songwriter Erika Wennerstrom. As Greg explains, the songs on this album are the result of Wennerstrom’s break up with the band’s former bassist, as well as her move to New York City. He thinks Wennerstrom has never sounded better, and also admires Mike McCarthy’s production. Greg gives The Mountain a Buy It. Jim wishes he could be more enthusiastic. He loves a handful of the songs that are packed with Crazy Horse “stomp.” But he can only give the album a Burn It.
7 This week Greg adds a track to the Desert Island Jukebox. He uses his turn at the DIJ to mark the anniversary of the death of Buddy Holly. Holly, along with The Big Bopper and Ritchie Valens died in 1959. It was a momentous date in rock history, and in his short life, Holly was hugely influential. Greg describes how the singer and guitarist laid a blueprint for what we know today as rock and roll. One of Holly’s most influential recordings is “Well....All Right,” the song Greg chooses to add to the Jukebox. It’s an intimate, stripped down production, and as you listen Greg thinks you’ll hear the roots of albums like Rubber Soul.
Songs Featured in Show #166
The Kingsmen, “Louie, Louie,” Kingsmen in Person, 1963 (1:18)
TV on the Radio, “Halfway Home,” Dear Science, 2008 (0:20)
John Denver, “Rocky Mountain High,” Rocky Mountain High, 1973 (0:26)
Coldplay, “Viva La Vida,” Viva la Vida or Death and All His Friends, 2008 (0:30)
Joe Satriani, “If I Could Fly,” Is There Love in Space?, 2004 (0:17)
Ronald Selle, “Let It End,” 1975 (0:19)
The Bee Gees, “How Deep Is Your Love,” Saturday Night Fever, 1977 (1:13)
George Harrison, "My Sweet Lord," All Things Must Pass, 1970 (1:00)
The Chiffons, "He's So Fine," Laurie Golden Goodies, 1967 (0:16)
John Lee Hooker, "Boogie Chillen," Meet Me Around the Corner, 1935 (0:21)
ZZ Top, "La Grange," Tres Hombres, 1973 (0:18)
The Ohio Players, "Singing in the Morning," Pain, 1971 (0:28)
Notorious B.I.G., "Ready to Die," Ready to Die, 1994 (0:20)
John Fogerty, "Vanz Kant Danz," Centerfield, 1985 (0:18)
Creedence Clearwater Revival, "Run Through The Jungle," Cosmo's Factory, 1970 (0:13)
Madlib, "Dillalade Ride (Contact High)," Beat Konducta, 2009 (1:04)
Heartless Bastards, "The Mountain," The Mountain, 2009 (0:40)
Heartless Bastards, "Out At Sea," The Mountain, 2009 (1:18)
Buddy Holly, "Well....All Right," Buddy Holly Story 2, 1959 (1:25)
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