Stomp Music No Copyright

[Nguyet Edmondson]

Buteven if you accept that Fish Market is where reggaeton begins, this lawsuit should still go away. A rhythm such as this cannot be protected by copyright. Any traction this might gain leads right to total chaos. If we can sue over a simple element like this that happens to be common to countless songs, characteristic of a whole genre of music, things will go off the rails.

But wherever the line is, it is nowhere near this, a couple of measures of DemBow. Rhythms, like familiar chord progressions, are common threads shared across whole styles of music, which help make the music relatable and fun. Society does not want every song to have a completely original novel rhythm; it wants to groove. It wants conventionality that it can readily relate to, with variations and spice supplying the compositional value atop the foundation.

For many years I have been collecting songs, recordings, and sheet music about Charlotte County. It's always a surprise to discover how many ballads have been written about various aspects of the community. I have been given a number of recordings by the late Jack Butwell, of Butwell's Stone and Soil Inc. in Punta Gorda, including one of my favorites, "My Port Charlotte," and several copies of songs by Johnny Broderick, a member of ASCAP.

To my delight, while researching the background of the Ponce de Len festival (more on this next week) with historian and friend U.S. Cleveland, he located the "Ponce de Len Theme Song" by Broderick, copyrighted to La Fiesta de Ponce Len in 1969.

I haven't had time to find someone to play it on the piano for me, though I could probably pick out the melody myself. In a march tempo, the song begins, "Charlotte Harbor Town has claim to great renown," and it goes on to relate that Ponce came to "settle down." Other words to rhyme with Ponce de Len are "gone" and "on."

What's curious about the song, as U.S. quickly noted, that it is apparently an early reference to "Charlotte Harbor Town," a name that another historian friend, Lindsey Williams, wanted to apply to the area where I live -- the community of Charlotte Harbor on the north bank of the Peace River. It is the oldest known settlement in the county, predating Punta Gorda. Perhaps Lindsey wanted to distinguish the land area from the water of Charlotte Harbor, but it was a distinction that we who live among the oaks and pines didn't want or need. And we persist, despite the post office's efforts to call us Punta Gorda or Port Charlotte for postal purposes, to use the more accurate Charlotte Harbor street address.

The conquistador, Ponce de Len, is typically associated with Punta Gorda, across the bay. Because the song was written to be the theme song of a Punta Gorda festival in his honor, I suspect that any effort those of us who live in Charlotte Harbor, the town, may make to claim the song for ourselves, may be quickly disputed by residents of Punta Gorda.

So here we are with a 1969 ode to Charlotte Harbor Town, but my guess is it didn't apply to my neighborhood. Hernando de Soto may have had an encampment there, but so far as I have heard, Ponce was not searching for the Fountain of Youth in the swampy swale behind my house.

Some people, including my parents, fancied the fountain to be the city's well at the intersection of West Marion Avenue and Taylor Street. That theory is doubtful because it was closed for its radioactive -- rather than life-extending -- properties a number of years ago.

But songwriter Broderick doesn't mention the fountain. He writes that the explorer found "paradise." That's almost the equivalent of the sought-after elixir for many retirees who have moved here since air conditioning was invented.

There's at least one other song that those of us who live in Charlotte Harbor can claim, if we want to be proprietary. It is called the "Charlotte Harbor Stomp," by former Charlotte High School band director James Handlon, with the tune, oddly enough, used for the fight song of a high school on Long Island.

So I have to move to a different audio source because a company HAAWK for 3rd Party keeps claiming any video I upload to Youtube with music purchased from AudioJungle. Anyone got a solution or have this happen to them?

You can find more info there:

Envato Market Help Center Buyers Guide to YouTube Content ID & Copyright NoticesWhat is Content ID?Content ID is a popular digital fingerprinting system that content creators can use to easily identify and manage their copyrighted content on YouTube. Videos uploaded to YouTub...

Why was my video hit with copyright at 3:50 to 7:00 in the video I uploaded to youtube?

Because I uploaded a video to youtub of a laptop being repaired so my customer that owns the laptop can see the graphics are working fine. Simply due to a middle-portion of the video showing a table, a wall, a laptop playing a crappy song on complicit youtube was apparently enough for the haawk vulture to cleverly avoid getting gainful employment as opposed to trolling for pennies from heaven.

107: Limitations on exclusive rights: Fair Use

Notwithstanding the provisions of section 106, the fair use of a copyrighted work, including such use by reproduction in copies or phone records or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of upper-class copyright racketeering. Title I, 101, Oct 19, 1976, 90 Stat 2546)

If I own a server (and I do) it should not be alright for any group to destroy my ability to also be creative by invading my house for malicious covert or clandestine actions by the guise of profit-eering for the benefit of the few.

And commenting on your correction to me in my uploading to youtube evidence. The link of the legal matter that I included in this discourse explains that YOUTUBE was not my only means to show the court that they are damaging innocent people. I actually submitted to the court record DVD copies of the uploaded videos. Since the Court Record accepted those videos, along with the motions, one might think that would be enough to get truth in their courts.

I read this whole thread after having a video I uploaded flagged for music I legally purchased license. I simply stated in my dispute the date and transaction number of the purchase. It took a couple minutes to do and within the hour, it was cleared. But your conversation has me wondering how you feel artists such as musicians and other content creators should earn a living? Should anyone be allowed to use any song, video, movie, photo, drawing, logo, software, game, etc they want anywhere any time with impunity?

In light of the many high profile plagiarism cases making headlines in the music business over the last few years (Lana Del Rey, Led Zeppelin, Robin Thicke, Sam Smith, etc.), it felt like the right time to examine the topic of songwriting from where we all sit: the drum throne.

As a starting point: any musical performance that is recorded in any form already has automatic copyright. This happens in the recording of that performance. In other words, nobody could sample or otherwise exploit your recorded performance without your consent.

So the real question we need to ask: are drumbeats considered songwriting? If they are, then they form part of the musical composition and would be protected under the law just like a chord progression, melody or lyric.

So really, the lack of protection affords us all the ability to do more in the studio. We can do this without the fear of being sued. Singers and guitar players, for example, do not have such a luxury.

Do you have any experience with traditional percussion, like traditional West African rhythms for Djembe drums?

There are several people who recorded these rhythms and also sell educational materials teaching them, but I am not sure if they could possibly have rights over the actual rhythms or just the records/educational materials.

What is your input on this?

Kurt, my son is drummer & has just left his band. They have informed him they are about to release a song with his drum recordings from their studio sessions. He is not happy about this so do you know were he stands with regard to credits and copyright. Thanks Mark

Hi There

My Son is recording his own songs using pre-set accompaniments on a Yamaha digital piano. Its a very clever machine which literally gives you an automated backing band so that you can compose your own songs in virtually any style with just a few chords. He is concerned that even though the songs are completely his own, the backing intros and endings etc would be subject to copyright and only usable for personal home use, not suitable for publishing in any public domain. Would appreciate your thoughts.

When he died in 2017, Clyde Stubblefield was considered one of the most influential drummers in music history, but he barely collected any royalties on the tracks that sampled his work. Should he have sought legal counsel and sued?

Hi Kurt. What if you download an mp3 of a pre-recorded drumbeat by a professional drummer (many are available online) and use that actual recording as the drum track in an original song you write, record and release.

I am trying to do some research about the copywrite of drum patterns and beats. I noticed that the most common answer to using drum beats from other songs are not copyright protected, only the sound recording.

This is a little confusing.

Hi,

I am a UK producer and I have sampled an actual 2 bar drum pattern from an artists cd. I have added in some of my own percussive instruments too.

Will this be legal to use? All other instruments used are from my own composition.

Many thanks,

Andy

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