Peter Friedman
Lawyer

View Peter Friedman's profile on LinkedIn

Ruling Imagination: Law and Creativity

September 16th, 2008 | copyright and fair use, originality

This morning I didn’t think about the fact I wasn’t being original.

I didn’t realize when I wrote this morning’s post that Ann Bartow at Sivacracy.net had over a month ago quoted musician Jeffrey Lewis’s piece in the New York Times making essentially the same points:

All aspects of creativity are basically reconstituted bits and pieces of things we’ve seen, heard and experienced, finely or not-so-finely chopped and served in a form that hopefully blends the ingredients into something “new.” The ancient Greeks seemed to know this, expressed in their belief that the Muses of creativity were the daughters of Mnemosyne, Titan goddess of memory. Perhaps we would like to think that the thoughts that go into creating a new song are purely impressions from “real life,” but a melody does not suggest itself as much from the impression of the 6 train ride you took this morning as it does from a melody from another song. The same for chord progressions, song concepts, lyric sounds and patterns, song structures and everything else. Folk music is supposed to be a shared continuum after all, and as Louie Armstrong said, “All music is folk music, I ain’t never heard no horse sing a song.” 

Despite knowing all this, as a supposedly “creative” artist I am often shocked to discover that a song I’ve written has been a blatant unconscious rip-off of somebody else’s song, either in its structure, or lyrics, etc; if I’m lucky the other person’s song is not particularly popular or recognizable!

Sometimes I realize this as soon as I’ve come up with it: “Oh, I can’t use that great chorus I just wrote, I guess it’s the same melody as that Gnarls Barkley song.” Sometimes I don’t realize until years later where the ingredients of a song came from. . . .

Thus so many of us snobby “real” artists are just cover artists in disguise, taking various devious steps to confuse our listeners into praising our “songwriting.” Perhaps what I do should be called “song-composting,” “song-mulching,” “song-smoothie-ing,” something like that. Or you could just call it “ripping off” and take me to court. I’d probably lose.

Add a comment