As a DJ who started back in 1980 in radio, I have watched a lot of changes in the music industry. I remember skipping school to go to a friend’s house to watch the launch of MTV. I remember this new cable channel changing how music was sold and received. Artists suddenly had a direct link with their audience. Public personas were born and the youth obsession with Pop Music grew all over the world. I remember Madonna rolling around on the stage at the first Music Television Video Awards. I remember the movie premiere for Prince’s “Purple Rain”. And who could forget the video premiere for Michael Jackson’s “Bad”? Collaborations between Aerosmith and Run DMC would usher in Rap Music to the masses.
The rise of Hip Hop brought about an interest in the art of sampling. And an important question was asked…”How much of a song could you sample before it becomes stealing?” While James Brown was incarcerated his family put together an agency that’s whole purpose was to sift out all samples of his work and collect royalties. One of the most hilarious lawsuits was when Public Enemy tried to sue Lenny Kravitz for using an instrumental of one of their songs to make “Justify My Love” for Madonna. The only thing was…they had used a sample of “Funky Drummer” by James Brown.
Fights like this would continue to pop up. Ridiculous replaying of musical hooks from Queen & David Bowie’s “Under Pressure” would plague Vanilla Ice for his big hit “Ice Ice Baby”. And regulations had to be set on how long a sample could run before you actually owe a royalty.
Just recently, Madonna and Shep Pettibone were cleared for their samples of horns from The Salsoul Orchestra’s Disco classic, “Ooh, I Love It (Love Break)”. Now anyone who knows their music history knows that Shep actually did a lot of the mixes for the Salsoul label back in the day. And Vogue is definitely a rip off of “Love Break” and “Love Is The Message”. But because the sample of the horns is so short, they got away with it. The judge gave it to them only because Shep was the original producer of “Love Break”.
But out of this sampling epidemic came a new lawsuit…..”interpolation”. Kind of a long word just to say you sang a line or replayed a few seconds of a song. Probably one of the most famous interpolation is when Lauryn Hill opened up her hit “Ex Factor” with the line “It could all be so simple” (which is a slight rewrite of the opening of Barbra Streisand’s “The Way We Were”. Funny though….Jay Z didn’t seem to get any flack for singing (off key I might add) “I wish I never met her at all” in his hit “I Just Wanna Love You (Give It To Me)”. I guess Carl Thomas took it as homage to his hit “I Wish” and Marvin Hamliisch took it as a signal to get paid.
But in this era of Twitter and Facebook, how do you sue someone for stealing your image or concept? Paper Magazine’s Winter 2014 with Kim Kardashian’s “Champagne Incident” is a stolen image from Grace Jones’ music video “Slave To The Rhythm” (or more accurately from her famous photographer husband at the time). But because of the internet and today’s thirty seconds attention span, many in the 20-something demographic think that this is a new image. And does Kim or the photographer have to say where they got the idea? I’m sure Jean Paul Goude would definitely have something to say about that. But even if the credit was given it wouldn’t matter because we are forced to move on to the next big thing.
Beyonce is another one who is no stranger to lawsuits for images and concepts being borrowed. But the great thing for her is that she has enough money to just settle the suits and keep it movin’. Presently, a Mr. Matthew Fulks is suing Beyonce for copying his short film Palinoia almost frame by frame. I’m sure the Beehive probably has plenty of choice words for anyone who defies their Queen, but the truth is their idol is not original. I don’t think she sits and plots “Oh…I’m gonna steal this poor schmuck’s idea and make it famous”. Instead, she has a team of producers and publicists who debate her every move.
And God forbid I talk about Lady GaGa. Her fans (like Beyonce’s and many others) will take you to task if you speak any words that are not praise of their artist. When folks in my demographic started saying that Miss GaGa was not original many got so upset. When we pointed out that her style and images in her videos and stage shows had been borrowed from great icons like Bette Midler and Grace Jones her fans went ballistic. But the truth of the matter is, like in music there are only so many keys and so many notes that can be played. This probably explains why she has shifted gears because where do you go after a meat dress?
But I have to say…Kanye West’s latest music video has taken “borrowing” to a completely new level. I’ve watched it about 50 times and still sit stunned. The video is for his song “Famous” and it features what looks like nude wax figure look-a-likes in bed of himself, his wife Kim, Ray J, Taylor Swift, Anna Winter, Donald Trump, Amber Rose, Caitlyn Jenner and even Bill Cosby. Some say it is art. Others are talking lawsuits. I say it’s one of his smartest moves ever. He tweeted and then removed it a few hours later….”Can somebody sue me already #I’llwait”
What’s next? Get someone’s DNA and grow an exact copy of the person and humiliate them in a sex tape leaked on the internet? I hope that there are still artists and writers out there who are creative enough to to do something original. If not, I guess we can only expect more carbon copies of music and people we already know.
So, when the next new Pop Diva struts onto the scene, don’t be surprised when you hear your elders moan “We’ve already seen this!” Mainly because familiar images and sounds sell. They sell to the young because they have no idea where the reference comes from. And they sell to those who remember the original…only if the carbon copy doesn’t insult the originator.
