(Rogers & Hammerstein - "Do-Re-Mi")
Damien Riehl
and Noah Rubin have released this interesting TEDx talk https://youtu.be/sJtm0MoOgiU entitled “Copyrighting
all the melodies to avoid accidental infringement”. It has gotten lots of
attention.
Their well-meaning but unconvincing concept is to algorithmically
generate every possible melody contained within an octave with no chromatic
notes and create a huge database and dedicate it to the public domain.
At the risk of oversimplifying their research
and conclusion, this concept frankly seems even more simplistic than the
apparently nonsensical "expert" opinions behind some bad court
decisions. There are 12 - NOT just 8 - notes in a scale and often more than one
octave + rhythm and harmony involved - not to mention the "independent
creation" doctrine. They say they are working on including all 12 notes in
the scale.
Obviously,
songwriters are not likely to succeed in defending an infringement lawsuit
simply because a tune may turn out to be found in their limited data base that
is substantially similar to the plaintiff’s tune and the allegedly infringing
tune. Copyright law doesn’t work that way.
Here are
some well known examples that fall outside the simplistic Riehl/Rubin TEDx talk
concept:
- Bernstein - Maria: https://youtu.be/DyofWTw0bqY
(incredible use of "augmented fourth" or tritone -
"the devil in music")
- Beatles
"Something" - https://youtu.be/MZ3Vh8jZFdE Some surprising
"modulation"
- Rogers & Hammerstein
"Do-re-mi" - that most diatonic of all tunes throws in a B Flat
at the end if you play it in C major. https://youtu.be/drnBMAEA3AM
Indeed,
many great tunes contain "accidentals" and may modulate quickly and
span octaves.
Sorry for
the OK Boomer examples that date back even earlier than my Juilliard School days
- but today's so-called tunes are - to the extent that they even include
so-called melody - so simple minded that it's no wonder that so many seem
the same.
Once upon
a time, music really did consist of melody, harmony and rhythm. It has
often been said that Mozart's genius was to start with something apparently very
simple and diatonic and to then throw in some chromatic complexity and turn it
into extreme genius...
A great
example is Mozart - Piano Concerto kv467 no21 (Alfred Brendel) - 2nd
movement https://youtu.be/45drOlTTTA8 (aka the "Elivra Madigan" concerto)
This not
only contains some delicious chromaticism but also goes beyond the octave
range.
Sometimes
some things are just not so simple.
HPK
PS - an internationally respected and tenured musicologist friend of mine has pointed out there is more than just the B flat chromaticism in "Do-re-mi":
PS - an internationally respected and tenured musicologist friend of mine has pointed out there is more than just the B flat chromaticism in "Do-re-mi":
