Re: [Harp-L] A Whiter Shade of....Yikes!

[Bobbie Giordano <bogio@xxxxxxxxxxxxx>]

On 12/21/2006 6:58:59 PM, Winslow Yerxa (winslowyerxa@xxxxxxxxx) wrote:
> In this specific case, regardless of when the song was written, Booker
> was an integral part of the band (therefore not a work-for-hire hourly
> session musician, which might have lessened his claim), and what he
> played begins the song - it's the first thing the listener hears.

Except that it wasn't Booker, it was Matthew Fisher who played it and was 
awarded the judgment... 'against' Booker and Reid.  [But, you meant that, 
of course!! ;)]

> However, this case blurs the line between arrangement and composition.
> If an arrangement significantly alters the public perception of a song,
> and helps to sell it in the process, maybe that has economic value
> beyond work for hire.

Not only that, but as you sort of illustrated with "I Left My Heart in 
San Francisco", arrangement is just one of many elements that contribute 
to a song, perhaps, or not, the final, commercial version.  Assuming that 
you recall correctly, what if the guy [or his estate] who wrote it as a 
"waltz", came forward to say they ALL stole it from HIM?!?  Guess it's 
plausible.

> Harp content: To what extent did Tommy Morgan and George Fields
> come up with those parts they made memorable? I suspect they were
> playing written parts.

A good point.  Copyright to performance, yes.  Claim of 
"authorship"?  Another thing entirely.  And, if the organ part in this 
case could be shown to be written out rather than just an improvisation 
of the player, the matter might then be moot.  But, one has to suspect 
that could not be proven or the case would not have ended as it did, 
right?.

> Record producers won't shun musical contributions from session
> musicians and go back to all written parts because the records
> won't be as good or sell as well.  Maybe it means creative
> musicians will be better compensated.

Perhaps, and that sounds like a move forward.  However, one quality of 
today's music scene that I've noted and find most exciting could become 
jeopardized, and that is how so many barriers between musicians have come 
down... Maybe it started with "We Are The World", and a fitting title if 
it did, but musicians began coming together instead of cutting heads so 
much; less guarding of their creations and resenting those who revamped 
them, plus more collaboration and experimentation with sound, rhythms, 
genres, instrumental concoctions, etc.  Good stuff that appears to be 
inspiring today's musicians.  Sit-ins are practically the norm now!  In 
fact, play-ins are, too!  By that, I mean, joining a contracted artist or 
group on stage for not just a tune or two, but most or all of their gig; 
essentially becoming 'part' of the band for a whole single show.

Granted, it's nothing really new... the idea of 'jams' is well known and 
quite old, actually.  The only prerequisite is respect for, and openness 
to understanding, another musician's choice of instrument and musical 
point of view.  From there, who knows what conjoining will bring?

Hopefully, animosity and suspicion from this sort of legal mess won't 
turn the clock back and poison the good will among artists with a new, 
paralyzing defensiveness.  I mean... what's next?  Hohner suing for a 
piece of "Runaround" because Popper played it on a Special 20???  Dumb, 
but conceivable if things like this court ruling are carried to extremes.

Some doors should be opened very carefully.....

Bobbie