Re: riff stealing in music industry

Pardon my inattention, but isn't the question about "stealing" riffs really the physical appropriation of the sound itself, through sampling? When Ella does a Bird riff, she might sing the same notes with similar articulation but it's Ella, not Bird. It ought to seem clear that this sort of musical quotation is a creative compliment old as the hills and obviously fair use (if, indeed, one can identify an original "author" for something as compact as a riff). Isn't the question really: does it make a difference that the homage to the original is expressed by a physical appropriation of it, at least as the starting point, rather than a mere quotation? (As to the answer, I'm open minded.)

Bob Schwartz
<shebam[_at_]access.digex.net>

On Tue, 7 Feb 1995, Seth Greenstein wrote:
>
>
> On Mon, 6 Feb 1995, Tom Maliska wrote:
>
> > In the United States, a standard set by a case against George Harrison
> > indicates the lower limits for "riff" copying.
>
> Compare the songs and you will hear that the similarities really extend
> to about 80 percent of the song -- even the substitution of
> "hare krishna" for "doo lang doo lang doo lang."
>
>
> > On the trademark question:
> > There is no legal or logical reason why a riff cannot become a trademark of
> > an artist, provided it is used consistently, is original, and is used to
> > designate the artist's work.
>
> The use of a riff cannot be exclusive in light of compulsory licensing.
> This means that a theme song (common during the Big Band era) cannot be a
> trademark.
>
> > As an extension of this concept, various artists, including rap singers The
> > Fat Boys, singer Bette Midler, and saxophonist Tom Wait have successfully
> > sued an advertiser to prevent use of their distinctive musical style and
> > voice by replacement performers -- even parodists.
>
> Two points -- the decisions in at least the Midler and Waits cases were
> based on a tortious appropriation of artistic performance and personae,
> not the use of a riff. Second, and more importantly, it's Tom Waits
> not Wait, and he plays piano and sings.
>
> Personal view is that use of a riff can be creative rather than "theft"
> -- like Ella Fitzgerald quoting Charlie Parker while scatting on "How
> High the Moon."
>
> Best regards.
Received on Wed Feb 08 1995 - 15:45:57 GMT