PUNMASTER MusicWire by David Gross
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September 12, 2024
Whoa, Substack lightnin'
Shinin' just like gold
Why don't you hear me cryin'?
A-whoo-hoo, a-whoo-hoo, whoo
Echoes of the Past: A Subliminal Dive into Unintentional Similarity and Melodic Overlap in Music
Plagiarism in music is a shadowy corner of the industry where creativity and legal battles often collide. Throughout history, some of the most iconic songs have been embroiled in controversies over whether their creators borrowed a bit too liberally from their predecessors. Below, we explore four significant cases that have shaped the conversation around musical plagiarism.
**Led Zeppelin vs. Spirit: The "Stairway to Heaven" Controversy**
One of the most famous cases involves Led Zeppelin and their 1971 epic, "Stairway to Heaven." The song, often hailed as one of the greatest rock tracks of all time, became the subject of a legal battle decades after its release. The controversy centered around the song's iconic opening guitar riff, which bears a striking resemblance to "Taurus," an instrumental track by the band Spirit, released in 1968.
Randy California, Spirit's guitarist and the composer of "Taurus," had long hinted that Led Zeppelin might have been influenced by his composition. In 2014, a lawsuit was filed on behalf of California's estate, claiming that Led Zeppelin had plagiarized the riff. The case went to trial in 2016, and while the jury ultimately ruled in favor of Led Zeppelin, the case raised significant questions about the line between inspiration and plagiarism in music. The legal saga continued, with appeals and further rulings, but Led Zeppelin maintained that any similarities were purely coincidental.
**George Harrison vs. The Chiffons: "My Sweet Lord" and "He’s So Fine"**
In 1971, former Beatle George Harrison released "My Sweet Lord," a spiritual song that became a massive hit. However, it didn't take long for the song to draw comparisons to "He’s So Fine," a 1963 hit by The Chiffons. The similarities between the two tracks, particularly the melody and chord progression, were undeniable.
Bright Tunes Music, the publisher of "He’s So Fine," filed a lawsuit against Harrison, alleging plagiarism. The case went to trial in 1976, and Harrison was found guilty of "subconscious plagiarism." The court ruled that while Harrison may not have intentionally copied "He’s So Fine," the similarities were too significant to ignore. Harrison himself admitted that the likeness between the two songs was "embarrassing." He ended up paying a substantial sum in damages, and the case became a cautionary tale about the fine line between influence and infringement.
**The Beatles and Chuck Berry: "Come Together" and "You Can’t Catch Me"**
The Beatles were no strangers to controversy, and one of their most iconic songs, "Come Together," found itself at the center of a plagiarism dispute. Released in 1969 on the album *Abbey Road*, "Come Together" was penned by John Lennon, who later admitted that the song was inspired by Chuck Berry’s 1956 track "You Can’t Catch Me."
The similarities between the two songs are particularly evident in the opening lyrics of "Come Together," which echo Berry’s "Here come a flattop, he was movin’ up with me." Berry's publisher, Big Seven Music, owned by notorious music mogul Allen Klein, filed a lawsuit against Lennon, claiming that the song infringed on Berry’s copyright.
Rather than take the case to trial, Lennon opted to settle out of court. As part of the settlement, Lennon agreed to record a few songs from Big Seven's catalog, including Berry’s "You Can’t Catch Me." The incident highlighted the complexities of musical inspiration and the challenges of navigating copyright laws.
**John Fogerty vs. Saul Zaentz: The "Old Man Down the Road" and "Run Through the Jungle" Battle**
John Fogerty, the creative force behind Creedence Clearwater Revival (CCR), found himself in an unusual position in the 1980s when he was sued for plagiarizing his own song. The lawsuit was brought by Saul Zaentz, the owner of CCR's former label, Fantasy Records. Zaentz claimed that Fogerty’s 1985 solo hit, "The Old Man Down the Road," was a copy of CCR’s 1970 song "Run Through the Jungle," both written by Fogerty.
Zaentz argued that the two songs were so similar that Fogerty had essentially plagiarized himself, a concept known as "self-plagiarism." The case went to court, and in a remarkable turn of events, Fogerty took the stand with his guitar to demonstrate the differences between the two songs. I had the unique opportunity to be in the courtroom during these proceedings in San Francisco. I still vividly remember listening as they played segments of the songs on a tape deck, trying to discern the subtle distinctions between them. The jury ultimately sided with Fogerty, ruling that while the songs had similarities, they were distinct compositions.
The case was a significant victory for Fogerty, not just in terms of the legal outcome but also in reclaiming his creative identity from the control of his former label. It also underscored the complexities of ownership and creativity in the music industry.
**Conclusion: The Fine Line Between Inspiration and Plagiarism**
These cases illustrate the delicate balance between drawing inspiration from existing works and creating something genuinely original. While all artists are influenced by those who came before them, the legal battles that arise from these influences reveal the challenges of defining where homage ends and plagiarism begins.
As music continues to evolve, these cases serve as important reminders of the legal and ethical responsibilities that come with creating new art. In the end, the music industry remains a place where echoes of the past constantly influence the present, and navigating that terrain requires both respect for history and a commitment to originality.
Crosby, Stills, Nash & Young - Live At The Fillmore East, 1969
Release Date: October 25
Formats: Double LP Vinyl, CD
Label: Rhino Records
Crosby, Stills, Nash & Young’s unreleased live concert from their inaugural tour in 1969 is set to be released as a double live album, capturing a significant moment in the band’s early history. The album, Live At The Fillmore East, 1969, features a newly discovered multi-track recording of their September 20, 1969 performance at the iconic Fillmore East in New York City. This release follows their historic second live show at Woodstock, which propelled them into the limelight.
Production Details
Stephen Stills, Neil Young, and John Hanlon meticulously mixed the analog recordings at Sunset Sound Studios in Los Angeles, maintaining the pure analog essence throughout the production. Neil Young emphasized the importance of the analog process, stating, “We’re staying all analog throughout the production…Pure. Analog. No digital – an Analog Original.”
Album Highlights
The concert from September 20, 1969, showcases the band’s versatility with both acoustic and electric sets. The setlist includes early renditions of future classics from CSN’s self-titled debut album and Young’s Everybody Knows This Is Nowhere. Notable tracks include “Suite: Judy Blue Eyes,” “Helplessly Hoping,” and “Down By The River.”
Acoustic Set
The acoustic portion of the concert features introspective performances, including Stephen Stills’ solo rendition of “4 + 20” and Graham Nash’s heartfelt “Our House,” performed for Joni Mitchell, who was present in the audience. Neil Young also nods to his Buffalo Springfield roots with “I’ve Loved Her So Long.”
Electric Set
The electric set is marked by powerful and expansive performances of “Wooden Ships,” “Long Time Gone,” and “Sea Of Madness.” The band concludes the concert with “Find The Cost Of Freedom,” a poignant track later released as the B-side to the protest anthem “Ohio.”
Tracklist
Vinyl (2LP):
Acoustic Set
Side One
“Suite: Judy Blue Eyes”
“Blackbird”
“Helplessly Hoping”
“Guinnevere”
“Lady Of The Island”
Side Two
“Go Back Home”
“On The Way Home”
“4 + 20”
“Our House”
“I’ve Loved Her So Long”
“You Don’t Have To Cry”
Electric Set
Side One
“Long Time Gone”
“Wooden Ships”
“Bluebird Revisited”
“Sea Of Madness”
Side Two
“Down By The River”
“Find The Cost Of Freedom”
CD:
Acoustic Set
“Suite: Judy Blue Eyes”
“Blackbird”
“Helplessly Hoping”
“Guinnevere”
“Lady Of The Island”
“Go Back Home”
“On The Way Home”
“4 + 20”
“Our House”
“I’ve Loved Her So Long”
“You Don’t Have To Cry”
Electric Set
“Long Time Gone”
“Wooden Ships”
“Bluebird Revisited”
“Sea Of Madness”
“Down By The River”
“Find The Cost Of Freedom”
Availability
Live At The Fillmore East, 1969 will be available for pre-order on Rhino.com, with both vinyl and CD versions offered. A special clear-vinyl edition will also be available at select retailers. An unreleased live version of “Helplessly Hoping” is available digitally today, providing a preview of the historic performance captured in this album.
This release not only commemorates a pivotal moment in rock history but also highlights the enduring legacy of Crosby, Stills, Nash & Young’s music and their influence on generations of musicians and fans alike.
Universal Music Group Opens its Iron Mountain Tape Vault And You are Invited!
TrackingAngle's exclusive visit to Universal Music Group's Iron Mountain tape vault outside Pittsburgh included a fascinating tour of Iron Mountain Entertainment Services' facilities. Deep within the former limestone mine, where Universal Music Group stores its vast audio and video tape holdings, we saw firsthand how the company meticulously catalogs and preserves its treasures. The tour also ventured into other sections of the underground labyrinth, where government agencies store data safe from natural disasters and wartime threats. From selecting assets for music album reissues to witnessing the detailed process of finding and preparing tapes, the visit was like stepping onto a science fiction movie set. For most, this presentation offers a rare glimpse into a hidden world. Notably, UMG showcased master tapes previously thought to be lost in the 2008 fire, including the Buddy Holly catalog, proving the resilience and enduring legacy of these invaluable recordings.
Let’s all go to the lobby….
Takin' Care of Business
Get ready for the world premiere of Takin’ Care of Business, a riveting documentary presented by TIFF and Rogers. Directed by Tyler Measom, this brisk and fun ride delves into the life of Canadian rock legend Randy Bachman. Known for his chart-topping success with The Guess Who and Bachman-Turner Overdrive, Bachman shares captivating stories filled with humor and the intricate details that make his journey unforgettable.
From the highs of rock stardom to the unique experience of marrying a Mormon, Bachman’s narrative is enriched by previously unseen footage from the '70s and '80s and insights from those closest to him, including his son Tal Bachman. Central to the film is Bachman’s intense obsession with his beloved 1957 Gretsch guitar, a muse and talisman throughout his career. The documentary takes a dramatic turn when the guitar goes missing on tour, leading Bachman on a relentless quest to recover it.
Takin’ Care of Business transforms into a gripping story of mystery and determination as Bachman scours the globe, buying every similar guitar he can find and even spotting a possible match in a Thompson Twins music video. Amid health challenges and COVID lockdowns, a lifeline appears, offering hope for a reunion with his lost Gretsch halfway across the world. Whether you're a longtime fan or new to Bachman’s work, this documentary promises a compelling and unforgettable story. You ain’t seen nothing yet.
'Takin' Care of Business' premieres at the Toronto International Film Festival on September 12, 2024.
Tom Petty: Heartbreakers Beach Party
In 2024, the music world was abuzz with excitement over the rediscovery of the long-lost 16mm reels from Cameron Crowe’s debut film, Heartbreakers Beach Party. This classic 1980s documentary, which showcases Tom Petty and the Heartbreakers during the creation, promotion, and tour of their 1982 album Long After Dark, has been fully remastered and will hit cinemas on October 17 and 20.
Originally aired on MTV in 1983, the film was considered too experimental and was quickly pulled from the airwaves. Over the ensuing four decades, it achieved near-mythical status among fans and musicians, even rumored to have inspired scenes in the cult classic Spinal Tap. Now, audiences can finally experience this vibrant, candid, and musically rich journey with one of America’s greatest rock & roll bands.
Heartbreakers Beach Party offers a time capsule of the early MTV era and provides a rare glimpse into Tom Petty's enduring creative genius. This special theatrical release includes 19 minutes of never-before-seen archival footage, remastered to pristine quality, and features new commentary from director Cameron Crowe.
Don't miss the chance to witness this historic film event. Book your tickets now at www.tompettyfilm.com.
GIG ALERT
Announcing Harvest Moon: A Daytime Benefit Concert Featuring Neil Young, Stephen Stills, and John Mayer
Get ready for an unforgettable day of music and giving back! Join us on Saturday, October 5, for Harvest Moon, a daytime benefit concert featuring legendary artists Neil Young, Stephen Stills, and John Mayer. This special event will take place at The Painted Turtle camp in Lake Hughes, CA, just 30 minutes from Magic Mountain.
Audiences will be treated to intimate performances on a picturesque grassy hillside, offering unobstructed views of the performers, surrounding mountains, and a beautiful lake nestled near the Los Angeles National Forest. It's a unique opportunity to enjoy world-class music in a serene, natural setting.
All proceeds from Harvest Moon will benefit two incredible organizations:
The Painted Turtle: A non-profit providing children living with serious medical conditions a traditional camp experience, completely free of charge.
The Bridge School: An organization offering free education to children with severe speech and physical impediments.
Don’t miss this chance to experience a magical day of music while supporting these wonderful causes. Tickets are limited, so secure yours now and join us for Harvest Moon!
IN TECH NEWS
Guitar Market to Grow by USD 1.84 Billion from 2024-2028, Driven by Rising Popularity of Music Leisure Activities, AI's Role in Shaping the Market - Technavio Report
Global Guitar Market to Grow by USD 1.84 Billion from 2024-2028: Key Insights from Technavio Report
Market Growth and Trends The global guitar market is set to expand by USD 1.84 billion from 2024 to 2028, growing at a CAGR of over 7.02%, according to Technavio. This growth is driven by the rising popularity of music-related leisure activities and advancements in AI shaping market dynamics.
Key Factors Driving Growth
Increased Popularity of Music Leisure Activities: A surge in music education programs and the adolescent population's interest in music is fueling demand for guitars.
Online Retail Expansion: The shift towards online retailing provides consumers with a wide selection of brands, models, and styles, along with comprehensive product information and virtual try-before-you-buy experiences.
AI and Technology Integration: Advanced technologies, including virtual and augmented reality, enhance shopping experiences, while AI drives market innovation and efficiency.
Challenges The market faces a challenge with the long replacement cycle of guitars, as durable materials and high-quality designs extend their lifespan, limiting frequent purchases.
Market Segmentation
Type: Acoustic and Electric
Distribution Channel: Offline and Online
Geography: North America, Europe, APAC, South America, and Middle East and Africa
Key Market Players Major companies include Armadillo Enterprises Inc., Fender Musical Instruments Corp., Gibson Brands Inc., Yamaha Corp., and more.
Conclusion The guitar market is evolving with significant contributions from digital platforms and AI, making it a vibrant and dynamic industry. As music education and online retail continue to grow, the market is poised for substantial expansion in the coming years.
Marshall Group Reports Strong Growth in Second Quarter of 2024
STOCKHOLM, Sept. 9, 2024
Marshall Group has announced a robust financial performance for the second quarter of 2024, with net sales rising 15% to SEK 1,097.5 million, up from SEK 956.8 million. The adjusted operating profit also saw a significant increase to SEK 242.1 million, compared to SEK 134.5 million, reflecting an adjusted operating margin of 22.1%, up from 14.1%.
Following a landmark 2023, Marshall Group has maintained its growth trajectory into 2024. CEO Jeremy de Maillard highlighted the company’s diversified product portfolio and strategic market management as key factors in its continued success.
In the second quarter, Marshall launched the Major V and Minor IV headphones, both receiving high praise for their improved features. Additionally, the company enhanced its digital presence with a revamped marshall.com, offering a comprehensive platform for musicians and music enthusiasts. The release of the Studio JTM Celestion 100 amp, celebrating Celestion's 100th anniversary, further underscored Marshall's commitment to innovation while honoring its heritage.
Driven by high demand across regions and strong e-commerce performance, Marshall Group's first half of 2024 was marked by a 14% increase in net sales to MSEK 2,075.6 and a rise in adjusted operating profit to MSEK 450.6, achieving an adjusted operating margin of 21.7%.
Looking forward, Marshall Group plans to continue its growth momentum with a strong product roadmap and a dedicated team, aiming to solidify its leadership in the audio technology industry. CFO & Deputy CEO Martin Axhamre emphasized the company’s robust business plan and commitment to innovation in both existing and new product categories.
A blast from the past…
Dyke and the Blazers was an American funk band led by Arlester Christian. The band was formed in 1965, and recorded up until Christian's death in 1971.
Dyke and the Blazers: Pioneers of Funk's Formative Groove
In the pantheon of American funk, few names resonate with the raw, foundational energy of Dyke and the Blazers. Led by the charismatic Arlester "Dyke" Christian, the band emerged in 1965 and quickly carved out a unique space in the musical landscape, leaving an indelible mark on the genre until Christian's untimely death in 1971.
Formed in Phoenix, Arizona, Dyke and the Blazers embodied the essence of innovation and grit. As they played in local clubs, they absorbed and transformed the prevailing sounds of the time. The influence of James Brown's revolutionary rhythms, coupled with pioneering bass and organ lines, became the bedrock of their style. Through relentless improvisation, Dyke and his bandmates developed a distinctive riff-based approach, which crystallized in their seminal track, "Funky Broadway."
"Funky Broadway" wasn't just a song; it was an anthem born out of lived experience. The lyrics painted a vivid picture, drawing from Dyke's memories of Broadway Street in his hometown of Buffalo, New York, and Broadway Road in Phoenix. The song's infectious groove and vivid storytelling captured the essence of these vibrant, bustling streets, reflecting the pulse of urban life with a raw, unfiltered honesty.
The band's sound was both a reflection and a catalyst of the burgeoning funk movement. Their music was characterized by deep, syncopated grooves, punchy horn lines, and Dyke's soulful, gritty vocals. This sound not only resonated with audiences but also influenced a generation of musicians who followed.
Despite their relatively short time in the spotlight, Dyke and the Blazers left an enduring legacy. Their innovative approach to funk laid the groundwork for the genre's evolution in the 1970s and beyond. Tracks like "Funky Broadway" were more than just hits; they were cultural touchstones that captured the spirit of an era.
Arlester Christian's death in 1971 was a tragic loss, cutting short the life of a true musical pioneer. Yet, the influence of Dyke and the Blazers continues to reverberate through the decades, their sound a testament to the power of creativity and the enduring appeal of funk. As we look back on their contribution to music, we celebrate not just the songs they left behind but the spirit of innovation and passion that defined their journey.
FOR BIG FUN, LISTEN TO "THE ROCKABILLY ROADHOUSE WITH BIG DAVE".... EVERY SATURDAY MORNING from 9am-11am (pacific time) for TWO BIG HOURS of amped-up, high-octane roots music....and catch the rebroadcast Saturday nights at 7pm.
Guaranteed to kick start your weekend!
STREAM IT LIVE at KRSH.com
Download the Free KRUSH Mobile App!
or listen to The KRUSH 95.9 in Sonoma County, CA
Tell 40 or 50 of your closest friends!
Check out the web site at rockabillyroadhouse.com
It's time to get down to the Main Gazane with Big Dave!
Big Dave Presents:
The Saturday Night Album Trax
Saturdays 9-10 pm on the KRUSH 95.9 FM
BREAK OUT THE HEADPHONES!
Hosted by Big Dave, the Saturday Night Album Trax features some of the greatest albums ever recorded. Deep cuts, live albums, extended tracks, rarities and themes. Plus get the background and inside stories on these classic albums.
These are the good old days!
STREAM IT LIVE at KRSH.com
THIS DAY IN MUSIC
You Can Quote Me On That…
"I think it is just terrible and disgusting how everyone has treated Lance Armstrong, especially after what he achieved, winning seven Tour de France races while on drugs. When I was on drugs, I couldn't even find my bike."
- Willie Nelson
“You start out playing rock ‘n’ roll so you can have sex and do drugs. But you end up doing drugs so you can still play rock ‘n’ roll and have sex.” - Mick Jagger
I've been through more cold turkeys than there are freezers." - Keith Richards
"Mick needs to know what he's going to do tomorrow. Me, I'm just happy to wake up and see who's hanging around. Mick's rock, I'm roll." -Keith Richards
"I don't know anything about music, In my line you don't have to." - Elvis Presley
"I opened the door for a lot of people, and they just ran through and left me holding the knob." - Bo Diddley
"The only Maybelline I knew was the name of a cow." - Chuck Berry
"A lot of fellows nowadays have a B.A., M.D., or Ph.D. Unfortunately, they don't have a J.O.B." - Fats Domino
"It's not the size of the ship; it's the size of the waves." - Little Richard
"Hippies? Why, I'm the original." - Jerry Lee Lewis
"The older I get, the harder to get around....gravity's got me down." - Barry Goldberg
“I'm one of those regular weird people.” - Janis Joplin
"There are more love songs than anything else. If songs could make you do something we'd all love one another." - Frank Zappa
"I've always felt that blues, rock 'n' roll and country are just about a beat apart." - Waylon Jennings
"When the power of love overcomes the love of power the world will know peace." - Jimi Hendrix
"Rock is so much fun. That's what it's all about -- filling up the chest cavities and empty kneecaps and elbows." - Jimi Hendrix
"I taught them everything they know, but not everything I know." - James Brown
"David Gross (Punmaster's MusicWire) is the Arianna Huffington of music news!" - Barry "The Fish" Melton
"The older you get, the better you were!" - Leslie West
"It's much too late to do anything about rock & roll now ..." - Jerry Garcia
"Albert King wasn't my brother in blood, but he sure was my brother in Blues" - B.B. King
"More bass." - Jerry Wexler
"I'm as country as a dozen eggs." - Elvin Bishop
"I liked the first sixties better...." - Al Kooper
"I still have all my vinyl. You can’t roll a joint on an iPod.” - Shelby Lynne
"I think I just killed somebody." - Phil Spector
"The problem with history is, the folks who were there ain't talking. And the ones who weren't there, you can't shut 'em up." - Tom Waits
"The music business is a cruel and shallow money trench, a long plastic hallway where thieves and pimps run free, and good men die like dogs. There's also a negative side." - Hunter S. Thompson
"I want my more money & I want my more fame" - Chubby Checker
"When you don't know where you're going, you have to stick together just in case someone gets there." - Ken Kesey
"I smash guitars because I like them." - Pete Townshend
"It's a good thing I had a bag of marijuana instead of a bag of spinach. I'd be dead by now." - Willie Nelson
"Rock journalism is people who can't write interviewing people who can't talk in order to provide articles for people who can't read." - Frank Zappa
"You can learn something, both good or bad, watching any guitar player. You learn what to do or what not to do. Over the years I've learned things from Carlos, Mike Bloomfield, Clapton, George, Garcia, Knopfler and let's not forget Robbie Robertson." - Bob Dylan, 2002
"There 'is' a difference between rock and rock and roll; beware of inferior imitations (avoid contact with any musician who doesn't know how to play Chuck Berry music)." - Cub Koda
"This heah is Rufus Thomas....I'm young and loose and full of juice. I got the goose, so what's the use." - Rufus Thomas
"Mike Love, not war." - Scott Mathews
"I have outlived my dick" - Willie Nelson (2008)
"Anybody with a trade can work as long as they want. A welder, a carpenter, an electrician. They don't necessarily need to retire...Every man should learn a trade. It's different than a job. My music wasn't made to take me from one place to another so I can retire early." - Bob Dylan
TODAY'S EASY BAKE TRIVIA QUESTION
What’s the connection with these songs?
Refried Funky Chicken
Loves Me Like a Rock
Wide Open Spaces
Iko Iko
The answer will appear in the next MusicWire...
The trivia question from the last MusicWire was:
WHAT'S THE CONNECTION??
Iggy Pop
Phil Collins
Paul McCartney
Tiny Tim
Elliot Easton
Ringo Starr
Slim Whitman
Ornette Coleman
ANSWER: THEY ARE ALL LEFT-HANDED (OR PLAYED LEFT-HANDED)
https://en.wikipedia.org/wiki/List_of_musicians_who_play_left-handed