Jimmy Page (with guitar) and Robert Plant of Led Zeppelin |
“You mean other people are allowed to use and repurpose music that already exists?” Sarah exclaimed, eyes wide and jaw dropped. “When I took the composition class in college, they insisted I had to invent my music out of whole cloth!”
I’ve forgotten how we reached the topic—casual conversation is frequently winding and byzantine. But I’d mentioned the multiple lawsuits surrounding Led Zeppelin, who have costly judgements against them for appropriating works by Black American songwriters, making fiddling changes, and slapping their own bylines on them. I’d explained the likely explanation: there’s a long blues tradition of songwriting by jamming around existing songs until a new song emerges.
This left Sarah flabbergasted. “My professor so thoroughly insisted on complete originality that she demanded we start composing with random notes, and building the piece around that.” I could completely believe that, too. Having attended our college’s new music showcase a few times, I remembered the preponderance of discordant, atonal music. I thought every undergraduate considered themselves another John Cage. Turns out the professor liked that effect.
Sarah felt faux outrage at the injustice of having been told that every composition had to be original. (Okay, “outrage” is overselling it. But definitely astonishment.) Yet while classical and orchestral composers, trained in frequently grueling college and conservatory programs, have an ethos of complete originality drilled into them persistently. Meanwhile, working songwriters crafting genres people actually pay money to hear, pinch and repurpose existing themes regularly.
Bob Dylan described his early songwriting style as “love and theft.” His earliest recordings show how frequently he lightly reworked existing Woody Guthrie or Dave Van Ronk tunes. Only with years of experience did he develop his own songwriting voice. Lennon and McCartney are among the bestselling songwriters ever, yet three of the Beatles’ first four albums are half cover songs, because the Beatles hadn’t found their voices yet.
I have no songwriting experience; I’m about as musical as a steel anchor. Yet in college creative writing and playwrighting classes, my textbooks espoused a similar ethos of complete originality. I remember one textbook pooh-poohing genre fiction as a “guided tour” of existing repurposed themes, while “literary” fiction always strives to be completely original. Don’t be like those popular paperback writers, the textbook urged; always create something new.
Our professor smiled ruefully and reminded us that textbook authors have their blind spots, too.
The Beatles, photographed at the peak of their star power |
Literary authors and playwrights mimic one another relentlessly, and their genres are intensely fad-driven. As a playwright, it too me years to shed David Mamet’s influence, like songwriters struggle to differentiate themselves from Dylan. Most college-educated American writers pass through their John Steinbeck, Elmore Leonard, and Toni Morrison phases before achieving distinct voices. The lucky few see those exercises published.
Originality emerges in art, where it does, only gradually. Both Salvador Dalí and Pablo Picasso, famous for nonconforming paintings, began their careers with Renaissance-style portraits and church scenes. Jackson Pollock tried several techniques before uncovering his dribbling, wholly non-objective Abstract Impressionist style. Importantly, all these artists were disparaged when their approaches first appeared; they achieved acclaim only latterly, sometimes posthumously.
Yet even incidental mimicry draws ire. Returning to music. Former Beatle George Harrison’s signature hit, “My Sweet Lord,” made his solo career. Yet within months of release, lawyers fired off a lawsuit because it resembled the Chiffons’ forgettable 1963 hit “He’s So Fine.” That lawsuit commenced in 1971, and wasn’t wholly resolved until 1998, dominating his solo career, and rendering him timid as a songwriter forever after.
This trend achieved its culmination with the “Blurred Lines” lawsuit. Heirs of Marvin Gaye claimed the songwriters behind Robin Thicke’s icky 2013 hit stole Gaye’s “groove.” That is, they claimed the song resembled, not something Marvin Gaye wrote, but something Marvin Gaye could have written, and therefore was plagiarized. And they won. This sets a courtroom precedent that simply imitating venerable artists, even while creating wholly new art, is plagiarism.
No wonder Sarah’s college composition professor (now retired) favored originality over tone. Instructors, textbook authors, and now courts demand that artists constantly reinvent the wheel. Blues icons jamming in some underlit cellar are now plagiarists, not artists. Don’t build your next track around a riff from “Crossroads” or “John the Revelator,” boys, the boundaries of ownership are set!
Artists aren’t unique individuals; they’re a community of give-and-take, constantly improving one another’s raw material. Yet the ownership ethos demands nobody pinch from anybody, even incidentally. The mere fact that working artists have never done this doesn’t change the story.
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