No one ever warned you, boy! Rock and Roll is a vicious game!

trisket

New member
Apr 21, 2007
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Alan Price shouldn't have been the only Animal to get credit on House Of The Rising Sun, he didn't arrange how it would be sung or how the drummer or other musicians would play on it.
 
May 16, 2006
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"That's my song!" "Yea, but i changed it!" "But i wrote it!" "But i changed it!"

Strongbeau said:
Of course you could not... we know the composer: Beethoven. On the other hand, no one knows the original composer for "House of the Rising Sun".

Both are in the public domain, which means you have the freedom to play Beethoven's 9th on the marimba if you want, and sell it in a recording, and no one can use that particular marimba performance because you own the rights to the instrumental arrangement and performance. You cannot, however stop anyone from recording another performance of Beethoven's 9th, because you don't own the rights to the music itself - it remains public domain.

You cannot, however, sample The Boston Pops' performance of Beethoven's 9th because they own the performing rights to that version.

SOCAN has its own guidelines for attribution, because it collects percentage royalties for performers based on rights ownership. SOCAN has nothing to do with copyright registration - it even says so in its own publicity materials.


Beethoven's 9th Symphony, completed in 1824, is an interesting composition itself, because the lyrics of its choral part in the fourth movement are taken from a 1785 poem by German poet Friedrich Schiller "An die Freude", in German (also known as "Ode to Joy").
Hi-ee Strongbeau.

I have heard that Friedrich Schiller was the composer of the poem, "Ode To Joy" but now i wonder if his name was ever included back in the days of Ludwig when he set the poem to music for the 9th - i think it was, but i am not sure.
If i wanted to record the 9th on a marimba, and then release it to the public for sale, i can't write my name as the composer to that piece. I could note that the piece was arranged by me, if i changed it somehow, but even as a Public Domain piece, i would still have to give credit to Beethoven even if everyone knows that he wrote the piece.

I could use anyone else's compositions, even Public Domain, so long as i give credit to the original source. Just because someone is not known but their song, or whatever, is Public Domain, it still has to be noted.
I think nowadays, though, it would have been harder for The Animals if they wanted to use The Rising Sun and to walk away without giving credit - back in the 60's it would have been hard to find the names Georgia Turner and Bert Martin associated with The Rising Sun unless a lot of research was done to track it down.

Actually, any one can use a sample or any Boston Pops' arrangement in it's entirety so long as credit is given to the original composer and to the arrangement you are using, also.
It seems Alan Price did not do that in the case of The Rising Sun.

You are right about SOCAN, but even though having a song registered with them may not be considered a legal copyright, it is, at least, a proof of a registered ownership which could aid in a copyright litigation.

For anyone wanting to copyright their material, a self-addressed package of any original material that's mailed to yourself by REGISTERED MAIL, and then kept UNOPENED, is a method of proof of copyright, that can be used in a court of law. However, as soon as you open the package, your copyright becomes void, unless opened in front of a judge (or a lawyer, maybe) and it's all noted to be opened on such and such a date in the presence of that person.

While trying to find an article about Beethoven's 9th when the Electric Light Orchestra recorded their song, Roll Over Beethoven, i found a cool article involving Chuck Berry's copyright troubles he had with a piano player, named, Johnnie Johnson who later got a Berry song written about him. That song was called, Johnny B. Goode.
http://www.classicalnotes.net/columns/writer.html

Maybe someone having the CD or record of ELO doing Roll Over Beethoven can check the credits and liner notes, and let us know how ELO gave credit for that song, i think it would be interesting to know.

Babe,
xoxo
 
May 16, 2006
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I agree! But...

trisket said:
Alan Price shouldn't have been the only Animal to get credit on House Of The Rising Sun, he didn't arrange how it would be sung or how the drummer or other musicians would play on it.
Hi-ee trisket,

I agree with you! It should have been noted as a group effort, even though still wrong!

But ya never know, maybe Price did have it figured out and the band just went along with his arrangement. It's still a copyright infringment as even the music, as i understand it, was already in circulation. All they should have got from it was the money they made from the concert sales. The royalties from the record sales was not paid to the right people.
That is only my opinion.

Babe,
xoxo
 

dax

Member
Sep 26, 2003
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Well, alright then. Just don't go spoiling Simon and Garfunkel's Scarborough Fair for me.:(
 
May 16, 2006
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Public Domain

Strongbeau said:
I still maintain The Animals did no wrong. There is no copyright infringement, as there is no copyright. The song is in the public domain, and the original authors unknown. Who would you pay royalties to?
Hi-ee Strongbeau,

I found this on the net and posted it.

http://en.wikipedia.org/wiki/Wikipedia:Public_domain
"For all practical purposes on Wikipedia, the public domain comprises copyright-free works: anyone can use them in any way and for whatever purpose. Proper attribution to the author or source of a work, even if it is in the public domain, is still required to avoid plagiarism."


I think the royalties of Public Domain materials are used in the community of songwriters somehow. That money is put back into the system somehow.
I will research more on that, i am not sure who gets the money, actually.

But my friend had to include the name of the nursery rhyme as Public Domain when he registered his song with SOCAN. He used the melody of "Three Blind
Mice" in a guitar solo in one of his songs.

I feel in the case of House of the Rising Sun, the two authors should have been mentioned. Who knows they could have maybe traced the names to relatives, or something like that.

Babe,
xoxo
 
May 16, 2006
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Copyrighting songs

Strongbeau said:
Lots of interesting points, Dahlia.

Just wanted to point out that, however, although the action above is often cited as a "cheap copyright registration" method, it is actually expensive.

You already own the copyright. The usual $40 (depending on country) registration exists to protect you when there is a legal battle.

However, when it comes down to a legal battle, you have no recourse for any action until you open the envelope (for which you already paid postage and registration costs). And by doing so you would have spent much more than the $40 registration costs to get before a judge/lawyer/notary public, because of professional fees, time involved, and so on.

It is much less expensive to register a copyright to a collection of songs (if you have them). And if anyone wants to license your songs (instead of ripping them off) a registered copyright enables you to do this. The unopened envelope method does not.
Hi-ee Strongbeau,

It seems to copyright ONE song carrries a price tag of 50 - 65 dollars each.
Even if a song registered with the Canada Copyrights Office lands up in court for a copyright battle, there are still going to be court and lawyer costs.

A self addressed, registered letter containing a manuscript is about 9$ each,
and it can be used in a court room. I am sure when the envelope is opened the lawyer or notary or even a judge can stamp the material as opened on such and such a date which will maintain the legal copyright.
The unopened REGISTERED letter is accepted because it's stamped by an official corporation, which is, Canada Post.

I found a couple of links on the subject. I have not had time to read them all, though.
http://strategis.ic.gc.ca/sc_mrksv/cipo/cp/cp_fees-e.html
http://www.ic.gc.ca/sc_mrksv/cipo/cp/cp_app_proc-e.html

Babe,
xoxo
 
May 16, 2006
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Led Zeppelin Lets the 'Good Times' Roll

By CHRIS LEHOURITES, AP ONLINE
Led Zeppelin Lets the 'Good Times' Roll



LONDON (AP)
- The newest member of Led Zeppelin was given the honor of kicking off the band's reunion Monday night, pounding out the beat before the surviving founders joined in on a near-perfect "Good Times Bad Times."

The song, rarely played live in the band's heyday, proved a perfect starting point for this performance:

"In days of my youth, I was told what it means to be a man," sang Plant, showing no trouble reproducing his trademark wail at 59. "Now I've reached that age, I've tried to do all those things the best I can. ... No matter how I try, I find my way to the same old jam."

While Page and Bonham both sported sunglasses, Plant mercifully kept his button-down shirt buttoned up.

Zeppelin returned for the benefit show to play its first full set since 1980, the year John Bonham died after choking on his own vomit. Robbed of "Bonzo's" pulsing drums, the band decided it couldn't go on and split up on
Dec. 4, 1980.

Now, with an estimated 20 million fans vying for tickets pared down to a lucky 18,000 or so - including one who paid more than $168,000 for his pair - most of the rest are hoping for more tour dates.

But Plant - with his screeching, often unintelligible lyrics leading the way during the band's 12 years and eight studio albums - may be toughest of the three to be convinced that it's a good idea to go on tour.

"The whole idea of being on a cavalcade of merciless repetition is not what it's all about," the 59-year-old Page told The Sunday Times leading up to the performance. (Page was born on Jan. 9, 1944, which makes him 63 years old, not 59. He'll be 64 in January 2008.)
That certainly won't be music to the ears of millions of fans who are hoping hear "Stairway to Heaven," "Whole Lotta Love" and "Kashmir" in concert again. Plant, who recently released a successful album with bluegrass star Alison Krauss, did give an indication that this may not be the last of Led Zeppelin, however.

"It wouldn't be such a bad idea to play together from time to time," Plant added.

Monday's concert wasn't the first Led Zeppelin reunion, but it was surely the biggest. The band played together in 1985 at Live Aid, and joined forces again three years later - with Jason Bonham on drums - to play at the 40th anniversary concert for Atlantic Records.

At their Rock and Roll Hall of Fame induction ceremony in 1995, they teamed up with other musicians for another short set.

Priced at $250, tickets have been selling on the Internet for upwards of $2,000.

Kenneth Donnell, 25, said he paid $168,500 for his tickets from British Broadcasting Corp. radio's "Things That Money Can't Buy" charity auction last month.

"I was gutted that I was not born in the 1960s and able to see Led Zeppelin in the 1970s like my dad," Donnell told The Sunday Times.

Monday's show is dedicated to Atlantic Records founder Ahmet Ertegun, who died last year. Proceeds from the show are to go to the Ahmet Ertegun Education Fund, which provides scholarships to universities in the United States, Britain and Turkey.

The show was originally scheduled for Nov. 26, but was postponed until Monday because Page injured the little finger on his left hand.

12/10/07 16:52 EST
 
May 16, 2006
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They didn't ??

Strongbeau said:
Those two authors are not the original authors of "House of the Rising Sun". They, like The Animals, had a version of the public domain song.
Hi-ee Strongbeau,

Hmm! The Wikipedia states at the top and very bottom of the article:
http://en.wikipedia.org/wiki/The_House_of_the_Rising_Sun
"The traditional version of the lyrics to House of the Rising Sun were written by Georgia Turner and Bert Martin."

Where does it say they did not write the lyrics? I'd like to see that.

Babe,
xoxo
 
May 16, 2006
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This, i don't get!

Strongbeau said:
I never said it was unaccepted - I said that it is, on balance, not the cheapest nor most effective way to do it.

On inexpensiveness:

One can officially register copyright to a collection of 5000 songs for $40-65 (with the appropriate copyright office). That's $.01/per song, effectively. Okay, that's an extreme example, but still, that negates the cost-effectiveness of the registered letter route.

On effectiveness:


When it comes to court, thousands of officially registered copyrights have actually won cases. To my knowledge, not a single registered letter case has been won. Furthermore, it can be faked easily. See the reference below on how to fake it.

> http://en.wikipedia.org/wiki/Poor_man's_copyright




Dahlia, I like your passion for acknowledging original authors, and your original story is spot-on - I share that passion. But let's be careful in the gray areas, and where advice on copyright law is concerned.
Hi-ee Strongbeau,

I showed you links for the Canada Copyright place. They say it's 50 - 65 dollars per piece. They'll even slap on another 65$ if you want fast processing, as far as the little i read on the site.

What place will copyright all those song for a penny each?
Have you a link for that?

As far as sending an unsealed letter to oneself, i guess that could work.
I never thought of that. I'm glad you pointed that out. Hmm, interesting concept. I would think the courts know all about that, too.

But surely, someone can seal the envelope with tape in such a way that the postal stamp gets stamped on the tape itself which would indicate that is has not been opened, if they really wanted to be sure it would be permissable in a court. If it looks unhampered with, it looks real.

I would be willing to believe a person who has an envelope looking like it was really sealed up well, than just some guy with a "clean" envelope.
And i did say that the letter should be REGISTERED, not mailed with just a mere stamp like the wiki article says.

Great comments!

Thanks for taking the time to have an interest for this topic.

Babe,
xoxo
 
May 16, 2006
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Wow!

Hi-ee Strongbeau,

I am impressed! The Rising Sun info was cool, to say the least!
Thanks for showing me that!

However...i am still going to say that Alan Price is guilty of stealing. I will quote parts of the article for further discussion:


http://www.bbc.co.uk/dna/h2g2/A12460772
"...The song's origins are somewhat curious. The original melody resembles an arrangement of 'Matty Groves', a traditional English ballad, but the lyrics appear to have ties to the hills of the American South...

...In Middlesboro, Kentucky he (Alan Lomax) met 16-year-old Georgia Turner, a dirt-poor miner's daughter, who he recorded singing a song she called 'Rising Sun Blues'. Miss Turner could not remember where she had learned the song, other than from the front porches of her parents' and grandparents' homes in the small rural town...

...Although Lomax recorded two other versions of the song before leaving Kentucky, it was the Georgia Turner version that he included in his 1941 compilation songbook Our Singing Country, and he gave her the songwriting credit, along with 'several stanzas by Bert Martin'...
"




Although the origins were not known and were unclaimed by anyone, she is still marked in history of the lyricist, along with Martin.
Having her ownership not contested by anyone in history, must mean that any record that was sold from that time on had Turner's and Martin's names as the composers.

Alan Price of The Animals did not hear someone singing it on a door step in Kentucky - he heard a record (as most Brits did, then) - that had her's and Martin's name on it as composers.
Does that not make Alan Price guilty of stealing the song by claiming credit for the song? The song may have been unclaimed before Turner recorded it, but it was credited to her from that time on.

So, it seems the song was not Public Domain once their names went down in history as the composers.


Babe,
xoxo


P.S.
Earlier tonight, i was reading about how Chas Chandler (or maybe the singer) was really pissed off that Price took all the credit.
It read that one of them thought they should have been given some credit, and that if "they", or which ever band member it was, ever saw Alan Price nowadays, that it would be an ugly scene for Alan Price.

Like criminals, who are squabbling over "stolen" loot!
 
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May 16, 2006
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Good show!! I like this Strongbeau fellow.

Hi-ee Strongbeau,

Geez! You make some really good points!
It seems to be a toss up between Turner/Martin and Ashley/Foster.
Most likely, it did come from the older British folksong seeing as the Brits landed in the states so long ago. Still, somehow it changed along the way.



Strongbeau said:
Lomax had no real right to choose Georgia Turner/Bert Martin's version over the other two versions, except for his personal preference. His songbook was published in 1941, whereas there were several recordings prior to this release.
This is true! I agree with that part. The song did exist before Turner/Martin were given credit to an already known folksong with no known author(s)!



Strongbeau said:
The oldest known existing recording, predating the above, is by Clarence "Tom" Ashley and Gwen Foster and was released in 1934. Ashley indicated that he had learned the song from his grandfather, Enoch Ashley!
Does the Turner/Martin copyright become void because no one had a version worthy of a composer's name, to put on it? She must have sang this song with such power or feeling to make a guy like Alan Lomax decide that THIS song, out of all the other tired ole hillbilly jug music he probably heard, will be hers - a 16-year-old, singing poor-girl from the south, who probably would have SP'd if she had to!
Was it not Georgia Turner's time to get "a shot"? The song did not have a composer.

Even though the Ashley/Foster version had been released before, albeit, just as an old folksong that mysteriously "was handed down by grandfathers", the Turner/Martin arrangement was given a legal copyright, and yes, on an old tune that no one knew the origins of. (ka-chingggg! Do i hear money?)
The Turner/Martin ownership seems to never have been contested by the Ashley/Foster performers (not the composers) of that song.
Lomax heard the others, too, i think.
Why give her the rights to an available song?



Strongbeau said:
Roy Acuff recorded the song commercially in 1938, and is thought to have learned the song from such neighboring Smoky Mountain artists as Clarence Ashley or the Callahan Brothers.
If Acuff released it on a record, i am pretty sure a copyright can be found on his record somewhere. Would be cool to learn what his record says. Eh?



Strongbeau said:
Because these recordings predated Lomax's songbook, it is clear that the Turner/Martin version only had copyright with regard to the specific lyrical arrangement of the song.
A copyright is a copyright! We dont know who's version The Animals had. Even if Alan Price of The Animals and Alan Lomax figured out the same thing, but only many years apart, Price was still wrong to put his name on it. The version Price may have had may have even said "Trad. British Folksong" on the record.
Still, a copyright was given to Turner/Martin legally in 1937, i think it said. It was released in 1941, i think it said.
This particular "origins unknown" folksong, seems to have been changed and rearranged and redone again and again from grandpappys' balconies to grandpappys' balconies all across that area, and all the way down through history, it seems.
No one owned it! Not the version it had become, anyway.



Strongbeau said:
Did they steal it from Enoch Ashley? No! It was already a "traditional folk tune" at that time. No one interviewed Enoch Ashley, but it wouldn't be surprising if he said himself that he learned it from his grandfather.
I agree! No one owned it! Back to the British folksong.



Strongbeau said:
The only thing that is known is that the original song goes waaaaaay back - and, by the time of the Animals' recording of a new lyrical and instrumental arrangement, public domain.
I disagree, it was not Public Domain since the legal copyright given to Turner/Martin sort of claims it legally, no?...overriding the others' versions, whose performers claim it to be only a 'hand me down folksong' having no known origins other than it is/was an old and very different version of some old Britsh folksong that evolved?
Even the British folksong had no known composer - i may be wrong, i'd have to check that article again.





I say, good show! Nice exchange of ideas, Mr. Strongbeau!
Mmmm! Strong Bow! (giggles)Lemme paint a bull's-eye on my bum bum.:eek:
It's great to talk to someone who knows his stuff. I am learning a lot from this thread, and i hope others are, too.

Thanks, and i hope you like my reasoning!
Babe,
xoxo
 
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May 16, 2006
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I love the fair.

Strongbeau said:
Your point is good, but remember, Turner herself admitted that the version she sang was also a 'hand me down folksong'. Back to square one!

This is kind of fun.

Shall we tackle Scarborough Fair now?
Hi-ee Strongbeau,

Is there a FAIR?!!

So cool!! Lets go!!!

Babe,
xoxo


P.S.
Screams out of the speeding car window (holding on to my wig, of course!)
"I'm GOING TO A FAIRRRRRR IN...Scarborough!!
Oh well....YIPPPEEEEE!!":D
 
May 16, 2006
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Scarbourough Fair

So, here we are at the Scarbourough Fair!

"Scarborough is a small town on the coast of England. The "Scarborough Fair" was a popular gathering in Medieval times, attracting traders and entertainers from all over the country. The fair lasted 45 days and started every August 15th. In the 1600s, mineral waters were found in Scarborough and it became a resort town. Today, Scarborough is a quiet town with a rich history."

Hmm, i hear the villagers singing a song as they pass us on horse and buggy!

"Where are you going? To Scarborough Fair?
Parsley, sage, rosemary, and thyme.
Remember me to a bonny lass there,
For once she was a true lover of mine.

Tell her to make me a cambric shirt,
Parsley, sage, rosemary, and thyme,
Without any needle or thread work'd in it,
And she shall be a true lover of mine.

Tell her to wash it in yonder well,
Parsley, sage, rosemary, and thyme,
Where water ne'er sprung nor a drop of rain fell,
And she shall be a true lover of mine.

Tell her to plough me an acre of land,
Parsley, sage, rosemary, and thyme,
Between the sea and the salt sea strand,
And she shall be a true lover of mine.

Tell her to plough it with one ram's horn,
Parsley, sage, rosemary and thyme,
And sow it all over with one peppercorn,
And she shall be a true lover of mine.

Tell her to reap it with a sickel of leather,
Parsley, sage, rosemary, and thyme,
And tie it up all with a tom tit's feather,
And she shall be a true lover of mine.

Tell her to gather it all in a sack,
Parsley, sage, rosemary, and thyme,
And carry it home on a butterfly's back,
And then she shall be a true lover of mine."


So, who wrote this song, Scarbourough Fair?
 
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May 16, 2006
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Who wrote it?


This guy will tell you that Simon took his version of the song, and how Simon never gave him credit for his version.

Should this guy's name appear on a Simon and Garfunkle recording?

Meet Martin Carthy.
 
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May 16, 2006
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Scarbourough Fair ( The version every one knows )

Are you going to Scarbourough Fair?
Parsley, sage, Rosemary and thyme.
Remember me to one who lives there.
She once was a true love of mine.

Tell her to make me a cambric shirt,
parsley, sage, Rosemary and thyme.
Without any seam or fine needlework,
and then she'll be a true love of mine.

Tell her to wash it yonder dry well,
parsley, sage, Rosemary and thyme.
Where water ne'er sprung, nor drop of rain fell,
and then she'll be a true love of mine.

Tell her to dry it yonder thorn,
parsley, sage, Rosemary and thyme.
Which never bore blossom since Adam was born,
and then she'll be a true love of mine.

Oh, will you find me an acre of land,
parsley, sage, Rosemary and thyme.
Between the sea foam and the sea sand,
or never be a true love of mine
 
May 16, 2006
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Hi-ee Dax. Uhm...Dax?...Dax?...Da-aaaax?

dax said:
Well, alright then. Just don't go spoiling Simon and Garfunkel's Scarborough Fair for me.:(
Dax?

You getting any ideas here?...about the song?

I think this story might resemble the other stories with Page and Lennon/McCartney - they sort of just felt like they deserved it.

Pffft! Well, that's my opinion, anyway.

Dax?

Babe,
xoxo
 
May 16, 2006
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Geeez!

Strongbeau said:
...Simon invited Carthy to duet the song with him at a London concert in 2000, and they were friends again (minus royalties due).
Hi-ee,

Don't ya think that was just "grande" of Paul Simon!
As if one song on stage is going to change the guy's life. The guy had been bickering about money (which is credit) and he forgets all about that for one song on stage with Paul Simon?
Sounds to me like someone talked someone out of something and then put stars in his eyes.
Doesn't look right!

Is it possible that Simon swiped Carthy's version of the song?


Babe,
xoxo
 
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