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STRATEGY FOR THE DAY: Sing softly and carry a big stick.

I'm preparing to remaster Water Falls Down. "Sandy Grey" will be added in two versions, one that's a simpler, acoustic mix without drums. It's been more difficult than I thought to go back and find my original mixes for the album. Worse yet, right in the middle, my dat machine decided to start eating tape. I immediately stopped feeding it! So, I had to find someplace that would do a dat/CD transfer cheaply. Here in L.A. there are plenty of expensive post-production facilities that are happy to charge $150 for a dat transfer! I finally came across 4th Street Recording, a very interesting studio in Santa Monica with a long and illustrious history (and a dat machine that works). I went by to drop off the tape and asked for a tour which owner and studio manager, Kathleen Robinson Wirt, was more than delighted to give. It's a great place, dripping ambience. Oriental rugs drape the walls, lava lamps bubble away, sound baffles double as couches, everything feels like your livingroom in 1967. The sound is analogue, of course! The board is an MCI that belonged to the Beach Boys in their Brian Wilson days. In fact, the studio used to belong to the Beach Boys. Back then it was called Brother Studio. Primo outboard gear lines the walls. There's a rack of Urei's just waiting to Stoutly Compress your acoustic piano solo. Kathleen is a wonderful lady, happy to share interesting stories. The client list is a rich mix of esrablished artists (Incubus, Bryan Ferry, Fiona Apple, Nelly Furtado) to the indie bands that pass through in the night. (Kathleen says they recorded 106 bands last year!) Very affordable rates and a great feel. Check out their web site at 4th Street Recording.

This songwriting question came across my desk and I thought it was a good one...

Q: "After I write a song, how do I make sure I am not copying someone else's melody. Is there some kind of software where you input your music and it compares it to a database of music to make sure you are not replaying a song you heard from somewhere else?"

A: That's a good question! Back when I was writing 3 or 4 songs a week for the Disney Channel, I used to ask the band every week if they recognized any of the melodies! It's really hard to know for sure. There is no software that I know of. If the melody sounds familiar to you and it's a nagging feeling that won't go away, try changing a few notes, especially in the hook. Unless you have actually taken someone's hit chorus note for note and used it as your chorus melody, chances are you're not going to have a problem. Plenty of verses sound similar.

And if you do inadvertently use someone else's melody, think of it this way - about the worst that can happen is this: You have a hit song. (That's a good thing!) Someone comes along and says, "Hey, you took my melody." You either realize that you did and give them 1/2 the royalties or you'll need to sort it out in court and if they win, you still give them 1/2 the royalties. Maybe you have to pay their attorney's fees. Really that's it. You don't go to jail. In other words, don't let it slow you down. Keep writing! 8-)

After I posted this journal entry, a friend wondered whether my advice held true for two of the best known copyright infringement cases: George Harrison's "My Sweet Lord" and The Verve's "Bittersweet Symphony." I got interested and, after doing a little more research, sent this reply...

My Sweet Lord/He's So Fine: Here's an extensive article on the case that breaks down the royalties that were awarded to the publisher of "He's So Fine." "The My Sweet Lord/He's So Fine Plagiarism Suit". The damages awarded were calculated on the amount of mechanical and performance royalties "My Sweet Lord" earned (plus the profit accrued by Apple Records from the spread on manufacturing of records). There was an attempt to calculate related income from the song (Did it substantially increase sales of other songs on the same album? Did it increase sales of the B side of the single?) but it looks like the judge in the case decided that this amount was negligible and based the figures solely on the royalties generated from the "My Sweet Lord" itself (plus a manufacturing profit).

In effect, the damages were based upon the royalties earned by the song so, in essence, the advice I gave above holds true. The judge did rule that because "He's So Fine" had PREVIOUSLY proven to be a hit melody, it was responsible for more than the usua; 50/50 split between words and music. This surprised me but I can see the reasoning. Still, Harrison was not ordered to pay anything other than a portion of the money the song had already earned and future royalties. I did not see any indication that extra damages were awarded for "pain and suffering" ;-) or that attorney's fees were covered. These are civil suits and litigants must pay their own attorney's fees in most cases. (This is one reason for registering a song with the U.S. Copyright office within 3 months of publication - you can recover attorney's fees and sometimes actual damages but an award of damages is rare as you can see from this case.)

The Verve's Bitter Sweet Symphony: This is a case about both sampling and song copyright infringement. The entire melody is "The Last Time" by the Rolling Stones and so is the track! Only the lyrics are original. Allen Klein who owns the publishing on this song ended up with ALL of the royalties for the sales and performances of this song. As far as I know, no amounts beyond the royalty earnings were awarded.

Another well known copyright infringement case is the "Theme from Ghostbusters" which is a knock off of Huey Lewis's song "I want a New Drug." Since the terms of the settlement forbid the parties to talk about it, no one knows what Huey got paid. The gossip is that there was, in fact, intent to infringe in this case since the movie company asked Ray Parker Jr. to rip that song. Lewis had been approached by the movie's producers to write a new song for the movie "like" "Want a New Drug." He refused so they went to Parker. This was pretty blatant. Lewis ended up with the composer's share of the royalties retroactively and for the future, from what I have heard. There may have been an added payment but no one's talking!

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Read Notes On Songwriting by Robin Frederick for more information and insights into writing songs that reach out to listeners.

Copyright 2007 Robin Frederick. All rights reserved.