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A Perspective On The Complexities Of Copyright And Creativity From A Victim Of Infringement

A Perspective On The Complexities Of Copyright And Creativity From A Victim Of Infringement

 

Erin McKeown
Cover of Erin McKeown

Erin McKeown, a wonderful musician who has been very involved in some discussions on copyright and internet access — and who was especially helpful in the fight against SOPA — recently wrote the following thoughtful, heartfelt piece concerning the emotional roller coaster of having someone copy your work, and how all of this relates to copyright law.

I always knew my song “Slung-lo” was a hit.

It just took longer than I expected.

“Slung-lo” came out on my 2003 album, grand (Nettwerk). It found its way to the Brittany Murphy masterpiece “Uptown Girls” and into episodes of “Roswell”, “Gilmore Girls”, and “Privileged”. It also found its way into a Tesco F&F commercial, which ran in the Czech Republic in the summer of 2008. Though not a hit by any means, it was a remarkably long life for a song that came out in 2003.

And then last year, I received two separate emails through my website pointing me to this video for a song called “Touch The Sun” sung by the Czech artist, Debbi. (editor’s note: we tried to embed the official video for this song, but Sony Music refuses to allow an embed on the song).

“Have you seen this?” both emails asked. I hadn’t.

From the first moment I heard “Touch The Sun,” it was as clear to me as anything that someone had taken the DNA of my song “Slung-lo” and turned it into another song. At this point, my lawyer wants me to make very clear that IN MY OPINION, THIS IS COPYRIGHT INFRINGEMENT.

If you want to hear my song again, here’s “Slung-lo” on YouTube or you can click here for a free download from me.

I don’t want to spend a lot of time technically breaking down the two songs, but I’d like to point out a few things. Among the many substantial similarities between them, check out the lyrical content (weather as metaphor for happiness), the almost exact song structure (solo verse, band verse, double-tracked vocal in the chorus…), and the vocal cadence in unison with the descending instrumental line in the chorus. I could go on.

Debbi’s “Touch The Sun” isn’t the proverbial “kid in the bedroom with a laptop” who remixes pop culture and makes mash-ups to show how alike we humans really are. No, it turns out the song was written for a commercial scale beer campaign by the giant European alcohol company Metaxa, which itself is a subsidiary of the global beverage conglomerate Remy Cointreau.

And it is a hit. A huge one. Debbi was the runner up on the Czech version of the “Idol” franchise. The song won “Song of the Year” at the Czech version of the Grammys. The original video that was sent to me has almost a million hits. A quick search of YouTube reveals karaoke versions, animations, “how to play versions,” and plenty of people in their bedrooms playing the song and singing along. The beer ad with the song aired across the Czech Republic more than 1200 times in September of 2010. That’s about 40 times a day.

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So, after all this time, “Slung-lo” is finally a hit.

Read more & Watch the Videos & View the Comments . . .

via TechDirt – Erin McKeown

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