Million Dollar Baby, or Not?



The video below will play automatically, so hit the pause button on the video if you’d like to read the article before hearing the song!

“Never Is Forever” is Floyd Murray’s lottery ticket to a happy retirement, if he has his way.  He is offering the copyright to this song for auction on eBay for a million bucks.

When I read the CNN iReport it said that a search of “hit song copyright”, including quotes, would bring up the auction, which was reportedly to begin on March 26, 2010.  However, when I went to eBay and did the search, it did not come up.  Did he perhaps have second thoughts?  Here is an excerpt of his response when asked why he is selling the rights to the song:

“My age and my life situation (and the current industry and economy) dictates that I won’t be going on tour any time soon to promote and perform my music, and I haven’t actively pursued any publishing or licensing deals. I’ve been sitting on this song, and every time someone hears it, they tell me how great it is and ask why it’s not on the radio. So I’m just offering it up to someone who sees it on its merits and can take it and run with it. I guess I’m selling my pension plan. I’m creating my own economic stimulus package.”



I listened to the song and you can too on the video posted below.  While I appreciate that Mr. Murray may really only be hoping to create a little nest egg for his retirement, the fact that he has been sitting on it and not pitching it to publishers himself first, was a mistake.  What most songwriters with any experience will tell you is that you need decent and honest feedback from people who are objective and know what they’re talking about.  Your friends, family and acquaintances don’t count!  Some smaller publishers will respond within a few weeks as to whether or not they are interested in the song, and sometimes they will give some feedback in their response.

Why am I saying all of this?  Because as far as I can hear, the song has some glaring flaws.  First of all, it has the same chord progression throughout, the same three chords, so there is no contrast between verses and chorus (if, indeed, there was a chorus).  That alone wouldn’t necessarily spell disaster, except for the fact that it’s a county song and most country publishers or labels won’t even let you in the door without a big, splashy chorus.

Secondly, the word “never” is used ad nauseum.  Now I know that the song has “never” in the title and this is obviously the theme, but using it in almost every line is enough to put anyone to sleep.

Which is why I only made it through the first half of the song.  So he may have actually switched the chords up at the end of it, or used the word “never” less as it went along, but I wouldn’t have heard it.  And neither would most industry-types if they threw it on in its present state.  Which is the sad reality:  most songs sent to publishers or industry people aren’t listened to past the first verse and chorus (if there is one).  It doesn’t take long for them to decide that “this ain’t it.”

It could very well be that Floyd Murray is just trying to get a little attention for himself, but actually I think he is probably sincere and really thinks he has a hit on his hands.  Which kind of reminds me of that guy I wrote about a couple of months back who wants to sell a million CDs.  I wonder how he’s doing? [Update Nov/12…his video and website disappeared and now he has only a website with himself doing mostly cover songs. So much for the million sales!]

I wish them both luck.  This is the day and age when it takes a lot of creative thinking to come up with ways to draw attention to yourself and your songs.  But first, the songs have to be good.

IJ

“Ear” We Go Again



Now this one baffles me somewhat.  Quoting from the Associated Press:

“Australian band Men at Work copied a well-known children’s campfire song for the flute melody in its 1980s hit “Down Under” and owes the owner years of royalties, a court ruled Thursday.

Kookaburra Sits in the Old Gum Tree” was written more than 70 years ago by Australian teacher Marion Sinclair for a Girl Guides competition, and the song has been a favorite around campfires from New Zealand to Canada.”

You can read the rest of the article here.

I didn’t have to listen to “Down Under” to remember the flute part.  If you don’t know the song (you DON’T know the song??) you can have a listen below.  The flute part appears several times in the song.  Yes, it’s the same melody over a different chord progression.  I never made the connection before, however, and I know both songs.


What I find most baffling is that the whole thing is coming out just now, even though “Down Under” was released in 1981, 29 years ago.  Did it take 29 years to get to court?  The Australian teacher who wrote “Kookaburra” 70 years ago died in 1988, and her publishing company owns the copyright to the song.  So it’s not even that this settlement will benefit her family, as copyright usually reverts to the estate of a songwriter for a period of time after their death;  only the publishing company will make money. Not only that, but when they go back to court in April to decide compensation, the publishers are going to demand up to 60% of the back royalties.  Does 4-bar flute part in a 4 minute song deserve 60% of the royalties?  It all seems frivolous and greedy to me. I don’t know…I’d feel better if it was the teacher or her family that was going to get the money. IJ

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The 10 Worst Covers Ever



Okay, I’m exaggerating somewhat.  “Worst ever” is always a subjective thing, and you’ll probably disagree with some of my choices.  But I do know a thing or two about covers.  I have performed original material and I have performed many covers over the years.  I teach guitar, so I play other artist’s and band’s songs all the time.  Most people want to play a song exactly as they remember it, and why not?  That’s what they have heard and loved.

What makes a great cover, in my humble opinion, is an artist or a band that makes the song their own.  This is not an easy task.  To make a song your own, you have to have some element that stays true to the original.  Like, it should be recognizable :-).  But then you have to make it better.  And that’s the hard part.  Some artists and bands just play it their own way and it works.  But others over do the “original” idea and ruin the song all together.  The worst, however, is when a band or artist stays too true to the original.  If you’re going to do that, why bother?

I will probably post a list of my favourite covers in future, but for the time being, here is my list of covers that didn’t do it for me.  Below you can listen to each version and judge for yourself.

Sweet Dreams – Marilyn Manson – Oh my.  If ever a song was butchered, this is the one.  But I think that’s what sweet Marilyn wanted, didn’t he?  Why Annie ever let him (or her) do it, I’ll never know.

Saturday Night’s Alright For Fighting – Nickelback – there’s a “love to hate Nickelback” thing going on here in Canada.  I don’t mind them.  But the song simply has too many chords for these guys to handle.  Not power chords, guys, actual chords.  I originally heard this at a hockey game and I was completely dismayed.  It was even more disappointing to find out that a Canadian band was responsible.

Love Hurts – Nazareth – I have never liked this song, no matter how many times I’ve heard it.  The howling lead vocal just destroys an otherwise lovely melody.  Sorry.

California Girls – David Lee Roth -again, another terrible vocal.  I can’t help but see self-involved David Lee prancing around on stage in his lycra pants everytime I hear it.  No wonder Van Halen got rid of him :-).  But all kidding aside, the original had a lot of vocals and I really don’t think it was meant to be a solo.  Definitely loses something in the translation.

Beast of Burden – Bette Midler I love Better Midler but I’ve never understood why she recorded this song.  Was it just filler?  It didn’t suit her voice or style at all.  She tries to get down and growly, but that only makes it worse.

My Way – Sex Pistols No.

Superstition – Jonas Brothers Okay, let’s face it, no version of Superstition can live up to Stevie Wonder‘s version. The Jonas Brother’s performing with Stevie himself on an awards show, however, was so awful, I wondered why Stevie even said yes.  Little boys trying to sing such a balsy song just doesn’t work.  Stick to the pop/rock, fellas.

Slow Hand – Conway Twitty – the twang in his vocal just doesn’t suit the bluesy original by the Pointer Sisters.  And somehow the idea of a country guy singing about…well, how to pleasure a woman…feels somehow yucky.  It just ain’t right.

Superstar – Sonic Youth – I almost get what this version was trying to accomplish. It was trying to be dark and even a little weird. And it was. But not a good weird.

Dock of the Bay – Michael Bolton Michael Bolton, I think, prides himself on being a great soul singer.  And he is.  But he did a re-make of just about every soul song out there, and it was too much.  He should have stayed with newer, more original material like the songs he sang the demos for, for so many years.

What do you think?  Disagree with me??  I’d be happy to hear your comments 🙂
IJ
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Black-Eyed Peas and Plagiarism



For the second time in a year, the Black-Eyed Peas face a possible legal action because of plagiarism.  In this particular case, it’s hard to imagine how the BEP’s DIDN’T hear this original song by Phoenix Phenom, who submitted the song to executives at Interscope Records which happens to be the Black-Eyed Peas record label.  Have a listen to Phoenix Phenom’s (her real name is  Ebony Latrice Batts) original song:

And now, here’s the Black-Eyed Peas song “Boom Boom Pow”, which was a huge hit for them:

At the risk of getting into trouble, here’s a section of the lyrics from Boom Dynamite:

I got that boom dynamite, I make it bang all night
I got that boom dynamite, I make it bang all night
I got that boom boom boom boom boom
I got that boom boom boom boom boom

What you got that I ain’t got (nothing)
I could make it shake when the beat drops (money)
Is what ya’ll say when you hear this
Fear this cause you’ll never come near this
All the boys wanna tap tap tap
Flosin’ jewels with the rap rap rap
They like the bus downs with the clap clap clap
But this right here snap snap snap
(I got that thang) I got that thang (thang)
That make ’em mine
I try to take it to take it to the floor but they cant handle (no they cant handle)
Ya’ll cant pop (pop) pop
You cant drop (drop) drop
I’m like a beat 52 I’m coming for you




And an excerpt from the Black-Eyed Peas version:

Boom boom boom, now
Boom boom boom, now
Boom boom pow
Boom boom

Yo, I got that hit that beat the block
You can get that bass overload
I got the that rock and roll
That future flow

That digital spit
Next level visual shit
I got that boom boom pow
How the beat bang, boom boom pow

I like that boom boom pow
Them chickens jackin’ my style
They try copy my swagger
I’m on that next shit now

I’m so 3008
You so 2000 and late
I got that boom, boom, boom
That future boom, boom, boom
Let me get it now

The lyrics are not exactly the same…the subject matter is similar.  The rhythm and lyrical meter in each song are definitely similar, and the line “I got that boom…” is certainly the same.  My guess would be that Pheonix Phenom would be able to show that the Black Eyed Peas had exposure to the song because she brought it to their record label, which is quite often what it comes down to in a plagiarism suit.  And because she would have a good case, the Peas and their record label would be forced to settle.

It’s never worth copying anything…even if it was unintentional, you would think that someone would have picked up on it somewhere down the pike.

Update Oct.30/2010 – Another plagiarism suit against the Black Eyed Peas.  This time it’s from Bryan Pringle, whose song “Take A Dive” was submitted to the same record company, Interscope Records, and shows a copyright date of 1998.  I’m thinking that maybe this has been a pattern with the label, just use old songs that were submitted and make them into hits.  Read more here…

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Don’t Digg Baloney



As part of my research for writing this blog, writing my column for the Muse’s Muse and Twittering about songwriting tips, I tend to spend a lot of time online looking at other songwriting websites and blogs.

Digg, Inc.
Image via Wikipedia

What I’ve noticed is that people mean well, but sometimes they are giving incorrect information or selling something as a “how to” write something, when it is clearly just “my way”.  It’s hard for a beginner songwriter especially to know what is true and what is simply someone’s opinion.

For instance, I read a blog just recently that stated that in a chorus, you must have two distinct phrases and then they should repeat.  The blogger also stated that you should also have the hook in the chorus.  Well, the truth is that this is not always the case!  You could simply go through a list of your favourite songs and find that most don’t follow these so-called “rules”.  Now this person is probably just trying to be helpful, but it would have been better for him to say:  “this is one way you might write a chorus”.  And that would be helpful!  And where did I find this tip for writing “better” songs?  On Digg.com.  That means that people are reading these blogs and deciding that they are important enough to digg them and pass them on to others.

Please do not take ANYONE’s tips (not even mine!) as gospel.  They should simply be thought of as one approach to your songwriting.  You should always be suspicious of someone who tells you “THIS is how you write a song.”  The internet is full of information, but you have to decide for yourself if the information is valid or simply someone’s idea of the truth.


Research.  Some will make statements that simply aren’t true, or use incorrect terminology or musical references.  There are legitimate sources for information on musical terms and music theory, for instance.  Find out what they are and double check when you’re not sure of something.

More is better.  If you see the same tip in more than one place, it’s probably because it’s a good tip.

Trust your gut.  If something doesn’t seem right to you, ignore it.  If it seems ridiculous, it probably is.

Everybody thinks they can tell you how to write a song.  Listen to their work if they have any online before you decide if they are worth paying attention to.  Check their references.  When they claim that they can guarantee you’ll write a hit, email and ask them to list their hits!  You can go to websites like BMI and ASCAP and check their names.  Have they even REGISTERED a song, let alone written a hit?

And last, but certainly not least, do not give money to someone before you have thoroughly researched their legitimacy.  I had a guy who sent me a letter from Nashville EVERY YEAR for 10 years, telling me how he was going to get my song (which he would incorrectly name every time!) to top artists in Nashville for the measly sum of several hundred dollars.  I laughed and dumped it in the recycling box every year.  I’m nobody.  Why would he want my song so badly?  Because he didn’t!  He wanted my MONEY so badly :-).

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