« Shooting at Crobar injures two | Main | Okkervil River played Castle Clinton »

Posted in industry | music on July 14, 2006

Songwriter-turned-attorney Michael Gardner fights the law

Organge County Weekly: Pop quiz: my buddy samples a juicy lick from the new Strokes album—just a few seconds’ worth of guitar—slows it down, loops it, and uses it as the backdrop for some mellow beat-dropping at the local open mic. Ryan Gentles—who quit his job booking acts at Mercury Lounge to manage the Strokes—is in the crowd, recognizes the riff, and takes legal action. What can he do?

Michael Gardner: That’s a very technical question in this sense: his damages are approximately zero to three cents, or whatever. In practical terms, you’re not going to see a federal lawsuit out of it. Odds are probably like a lottery that the owner of the intellectual property will ever know. Obviously, if you plan to record something, then things are different.


---
Tags:

Posted on July 14, 2006 11:51 AM

Comments (12)

can we PLEASE PLEASE PLEASE have a post about how much of a disaster last night's oh no oh my show was?

Posted by nick | July 14, 2006 12:05 PM

Follow up question: if The Strokes appropriate a riff from a classic song written and performed by an internationally known rock star, and use it as the basis for their most recognizable single, what will that rock star do?

Answer: if that rock star is Tom Petty (American Girl -> Last Nite), he won't care.

Posted by Anonymous | July 14, 2006 1:36 PM

Right on. The Strokes openly rip off tons of other music.

Posted by jose | July 14, 2006 2:09 PM

i went to college with ryan...he was such a tool im surprised he didnt kick his own ass.

Posted by sam | July 14, 2006 2:53 PM

rock -- and other popular music forms -- are partly about this kind of theft. it's what keeps it fresh. it's what you do with what you swipe that counts. just ask dylan -- he ripped innumerable folk songs for their melodies. ask the stones, who snaked tons of bluesmen's riffs [slim harpo, muddy, etc]. Re: the strokes' "last nite" -- that bo diddley beat has been abused for decades [iggy's lust for life, etc]. these artists' innovations lie in how they cross pollinate with their influences [and culturally-inherited templates] and put their unqiue stamp on them.

Posted by jilly | July 14, 2006 2:58 PM

except that The Strokes have openly admitted ripping off "American Girl" directly, not a more general "Bo Diddley beat". Nothing unique here- it's a direct rip.

Posted by Anonymous | July 14, 2006 4:59 PM

I know the Stones gave k.d. lang and her songwriting partner(s) co-credit for their song "Anybody Seen My Baby" because its chorus sounds like that of "Constant Craving." (If I recall correctly, the Stones denied intentionally copying "Constant Craving.") Did The Strokes give Tom Petty and whoever else co-credit for "Last Nite"?

Posted by my sweet lord | July 15, 2006 11:24 PM

Copyrights and culture are uneasy bedfellows. Commodity (corporiations) and culture are even worse.

Culture is inherently cumulative as layer is stacked upon layer. I used to think that sampling in hip-hop was stealing until I came to this realization - likely after reading Free Culture by Lawrence Lessig. (Free as in fredom, not as in free beer.) In his book, Lessig argues that while the constitution granted Congress the ability to give these protections for a "limited" time, the result has instead been perpetual (to protect Mickey Mouse from falling into the public domain), resulting in reduced creative rights for the individual and more protections for the corporation.

Once "artists" start to view their creations *more* as commodity and less as culture, it pretty much signals the end of their days as artists and the beginning of their days as suits.

Posted by Stephen | July 16, 2006 1:33 PM

"Did The Strokes give Tom Petty and whoever else co-credit for "Last Nite"?"

No, it came out later in interviews that they ripped it intentionally, though

Posted by Anonymous | July 16, 2006 1:36 PM

I am a songwriter and I have sent my songs to be placed on
demo. Some of my songs now are on demo. But there is one company and one
individual I sent some of my songs too. And things didn't go so good with
this company and this one individual. That had claimed they'd help but
didn't. I have my songs on tape with the tune and I've sent lyrics
showing me as the songwriter. I was wondering if I should be concerned? I
do have proof that shows I am the songwriter of these songs as far as
having the tune on tape and lyrics. This does show to an extent that I am
the songwriter right? And with me having another copy of this tape-tune
and lyrics. And I have my own site that shows I am the one that wrote
these songs. Of my lyrics on this site. Over all my songs.I'm just
worried now with things not going so good. And how there are frauds out
there that steal other peoples work. I have alot of songs and I'm unable to
get them all on demo at one time. And spending a whole bunch of money
to protect them. If your able to help me out over this matter I'd
appreciate this so much.

Thank you,

Karen Johnson
1009 west caddo
Cleveland, Ok. 74020

Posted by Karen Johnson | October 11, 2006 5:47 PM

I am a songwriter and I have sent my songs to be placed on
demo. Some of my songs now are on demo. But there is one company and one
individual I sent some of my songs too. And things didn't go so good with
this company and this one individual. That had claimed they'd help but
didn't. I have my songs on tape with the tune and I've sent lyrics
showing me as the songwriter. I was wondering if I should be concerned? I
do have proof that shows I am the songwriter of these songs as far as
having the tune on tape and lyrics. This does show to an extent that I am
the songwriter right? And with me having another copy of this tape-tune
and lyrics. And I have my own site that shows I am the one that wrote
these songs. Of my lyrics on this site. Over all my songs.I'm just
worried now with things not going so good. And how there are frauds out
there that steal other peoples work. I have alot of songs and I'm unable to
get them all on demo at one time. And spending a whole bunch of money
to protect them. If your able to help me out over this matter I'd
appreciate this so much.

Thank you,

Karen Johnson
Cleveland, Ok. 74020

Posted by Karen Johnson | October 11, 2006 5:48 PM

I am a songwriter and I have sent my songs to be placed on
demo. Some of my songs now are on demo. But there is one company and one
individual I sent some of my songs too. And things didn't go so good with
this company and this one individual. That had claimed they'd help but
didn't. I have my songs on tape with the tune and I've sent lyrics
showing me as the songwriter. I was wondering if I should be concerned? I
do have proof that shows I am the songwriter of these songs as far as
having the tune on tape and lyrics. This does show to an extent that I am
the songwriter right? And with me having another copy of this tape-tune
and lyrics. And I have my own site that shows I am the one that wrote
these songs. Of my lyrics on this site. Over all my songs.I'm just
worried now with things not going so good. And how there are frauds out
there that steal other peoples work. I have alot of songs and I'm unable to
get them all on demo at one time. And spending a whole bunch of money
to protect them. If your able to help me out over this matter I'd
appreciate this so much.

Thank you,

Karen Johnson
Cleveland, Ok. 74020

Posted by Karen Johnson | October 11, 2006 5:51 PM

Leave a comment

Powered by Ajax Comments

PLEASE NOTE: If your comment does not appear immediately, it will show up shortly.
--

« Shooting at Crobar injures two | Main | Okkervil River played Castle Clinton »

---