That’s A Copy? Right?

I have just discovered this latest story about Ed Sheeran being sued over similarities between a song he wrote called Photograph and a song by someone called Matt Cardle called Amazing.

 

Ed is being sued for 20 Million dollars.

 

As a singer-songwriter myself I find myself drawn to this story. It begins as many stories have before it… someone writes a song, someone else writes a different but similar sounding song, but does well with it… someone decides it must have been copied and files a lawsuit.

 

The laws seem to work on certain assumptions that I inherently disagree with. Here’s why.

 

When I was at school I studied music at GCSE and one day, during our GCSE composition module, I was sat at my table, busily writing out crotchets and quavers for my composition “Steel Alley”. A friend of mine was sat at the piano with our music teacher, going through his own composition, and our teacher was playing what he had written down to make sure his notation was correct. On hearing his melody leap forward from the piano, I cheekily quipped “ a bit of a do, a bit of a do… we’re going to a bit of a do…” I sang this quietly to the theme of the 90s Sitcom “A bit of a do” which was a sitcom on the telly starring David Jason and Gwen Taylor, and instantly our music teacher and I recognised it… but my friend did not… this was the thing… my friend had never watched that program… he came up with that same melody and phrasing completely on his own. Did it sound like it? Yes. It was exact. Did he copy it? No. No he didn’t.

We joked about how we wouldn’t be able to hear that melody now without thinking about the words I had just sung and my friend sarcastically thanked me for my “spoiler” moment… but I saw first-hand how it is utterly possible to compose the same tune as something that already exists *without* prior knowledge of hearing that tune.

 

In Eds case I do not see how anyone will be able to prove that he had definitely heard Matts song before composing Photograph. If a song sounds like another song, it does not prove that it was copied. Unless there is some connection between those two professionally that I am unaware of.. I can’t see how A) It will stand in court or B) How it has taken this long to surface… So I’m guessing this is a rogue accusation with no connections between the parties.

 

Music is a palette of colours that are organised to form a soundscape using structures and phrasing like any language. In fact, that is a good comparison to use I think… Art and music.

If two musicians use a C minor chord in their song have they plagiarized? No. That would be like saying you copied me because we both used red in our paintings.

 

If a melody or section of melody is similar, then the equivalent in Art might be to say that the paintings are of the same subject… for example a sky scene… both paintings have sky in them, both use blue, and white, and paint clouds… has one copied the other? No. are they similar? Probably.

 

This leads me to the next bit… If sounding similar does not prove it is a copy, then… who cares?

 

The person who is not making money… that is who cares.

 

Musicians do not “borrow” or “steal” music from each other as the norm in my opinion. Musicians use the same palette of colours to paint their songs with, and sometimes similar paintings are created, sometimes, as in paintings, bits of paintings might seem to be exactly the same, but as a separate entity, both are works of art in their own right, and neither can be assumed to have been copied of the other.

 

Plagiarism *can* exist of course when the two parties are connected beyond doubt… maybe 2 colleagues who have worked together… that is very different and is more like a divorce than a plagiarism case. Maybe it is a direct stealing of someone’s lyrics? Again very different despite the similarities, it is far easier and accepted to accidentally compose a similar melody from the restricted range of the musical language compared to the intricacies of written text and the countless thousands to one odds it would be to write something that “happens to be exactly the same lyrics for a whole verse”… Then, it is much harder to deny that a copy has taken place and as such of course should be treated differently but I digress…

 

On this occasion I am focusing on Matt’s allegation, and from listening to both tracks, I only see 2 paintings that look a bit similar and both have some sky in them… other than that, I really think Matt is clutching at straws for his own reasons *if* my guess that they are not connected is true.

I do not know either way of course… Maybe they are connected somehow? Maybe this is one of those record company things where someone manufactured the song so hard that it got re-worked or something… A lot of maybe’s and I guess the case will reveal the truth in time so I won’t rule out that as a possibility but I have to say, my experience of Ed so far has been very positive, and I rightly or wrongly believe that he sits and writes his own songs diligently, and that if he *thought* a song sounded like another he would have taken it further away, not copied it… just like most other musicians would… which is why I think he hadn’t heard it at all. I can speak from my own experience though, and as a singer-songwriter, I strive to compose something unique as my default. and Ed does not come across as the “shit I’m running out of songs” type to me.

 

Yes I know I’m not a copyright expert… as ever I am just exercising my whimsical thoughts and I will learn much from watching what happens with this case… but I expect it to get thrown out, as it should. I was rather hoping to learn a great deal from the recent Stairway to Heaven case too but isn’t it funny how that has all gone very quiet now? Hmmm. ;)

Anyway… I happen to have my opinion, on something I do not have all the facts about, but I felt compelled to say my piece because, well… I don’t think the songs are similar enough to warrant anything other than an “oh yeah”. Fundamentally, it is a different song, it is not *exactly* the same, and I for one am perfectly happy for both songs to exist, one happens to be more successful commercially, being the driving force behind the others allegations I suspect.

 

“Excuse me waiter?”

“Yes?”

“I’m afraid I’m suing your chef…”

“You are? Why is that?”

“This meal uses exactly the same chicken and aubergine ingredients that I used for my own dish I’ve made for years.”

“…”

 

You see?

You can’t sue someone for using red. That’s fucking stupid.

 

 

 

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EU-by-Gum

I have been mulling it over for some time now, and it is time to put my sixpence in, for what it is worth.

There is now less than a week to register to vote for the upcoming EU decision. To do so, visit here> https://www.gov.uk/register-to-vote

Now there have been a few factors to consider, and some issues that the Government want me to worry about, that I couldn’t give two hoots about… so here’s how I see it.

To leave.

I cannot bring myself to believe any of the hypothetical numbers that have been bandied around by both sides. The financial stuff bores me to within an inch of my life. I actually don’t care if I am going to be better or worse off, the simple fact is, if I thought the result of being poorer for longer would actually do something towards changing this country fundamentally with how it is run, and how it is organised, then I would take that chance in a shot… a UK where the NHS is not a political football and along with education is protected somehow, and maybe looked after by independent means with people who are experienced in their field… like having Ken Robinson involved with the direction of our education for example. If the result of being poorer was to actually change the status quo of the privileged few being protected at the top, and gave a chance at redistributing the balance of wealth in this country eventually so that the poorest are supported properly, and the money dished out where it is actually needed, instead of being used to fund a bogus conservative election campaign for example, then it would be a serious consideration… But that is not what is on the table… We are being asked if we want to leave to… take control? To regain control of our borders? To return sovereignty to our country? To govern ourselves?

This is where I struggle.

The evidence in front of my eyes, and the way my life is affected everyday by this Government has revealed to me, that this set of politicians is not fit to run a pound shop, never mind a country. Look at the U-turns that have happened recently… All schools to be academies. Oh. No not really. We were kidding. Serious issues over junior doctors contracts… we’ll just make as many people suffer as we can before doing what we always would have had to do all along. It stinks… and the one that affects me the most… health and the benefits system… This Government, are responsible for mental health in this country being completely and utterly under-funded and under-supported, leaving a ginormous hole in the nook of society, forcing people like me to live an undignified existence where I basically have to keep proving over and over to an un-qualified person that I am indeed too ill to work and whether I am worthy of having my rent paid is decided purely on the basis of who I was lucky enough to get in a dehumanising health assessment test. Myself and thousands like me sitting indoors with depression, waiting for months for treatment and merely existing in the meantime. This Government has seriously let us all down, and now they want us to politely hand control of Human Rights, work policies, equality laws, the whole caboodle… to this set of corrupt arseholes? No. No fucking way.

To stay in.

It is the only option for me. I do not feel English, and I do not feel British… I have always felt like I am European. Now the freedom of movement does not affect me quite as much as others, being that if I take another step, it’ll be the furthest from ‘ome I’ve ever been… but the benefits seriously outweigh any negatives in my opinion… I mean… What negatives? Some people, seem to think for some reason that immigration is a problem… whereas personally I believe it to be one of our biggest achievements and proudest moments… it is 2016 now… and I’ll be damned if I believe the spiel the Government and media feeds me that immigration is the cause of so many problems… I do not think it is. Lack of competency, and manipulation of the media… that is the issue, if you ask me.

I believe from the very bottom of my heart, that to be a member of the EU is to take on a role of great responsibility, and that the whole point of being a member, is to be a part of the umbrella that defends us from the very thing that is happening at the moment… when Governments get corrupt… like ours is… in the pocket of the media and the huge corporations, manipulating marketing and everything we see to maximise the majority doing exactly what they really want us to do… by making the decision as scary and muddy as possible and focussing on in-battles and ridiculous figures… it’s all a sham.

When we vote for the General Election, we also effectively choose who gets to nominate our EU representative… this time round it was the Conservatives who nominated… and so if we are struggling in the EU, then it is down to the person the Conservatives put up to represent us… in my eyes, that just means the Conservatives let us all down yet again, but half of the Conservative party are on a power trip, and they seemingly want to have a go at running the pound shop themselves. No thanks. I just have no confidence in the current Government to be able to do that in a million years.

As we can see from the investigations going on into the Conservatives election campaign, Democracy can be manipulated, through mis-advertising and loading the odds with financial weight. The EU needs to be the umbrella that it is, to ensure that joe blogs, me and you, don’t get absolutely shafted by our Government. I guess I’m saying, democracy is great, if you can afford it, but sometimes a committee mind-set is needed to protect everyone, and that is what the EU does, not as well as it should, but it protects each and every one of us despite which Government gets in power. In my eyes that is essential. Have we any idea what this Government would try to enforce if we didn’t have the EU to protect us anymore? No. But it’s a scary thought to me.

So that’s it. I’m voting in. Those are my reasons. Whatever you do, just make sure you vote, and make sure you know deep in your heart why you have voted how you decided to in the end. Just make sure you vote one way or the other… this is a big one.

All the best folks.

R