Don’t come if you are only bringing your Speech

 

We all have opinions. We all have passions. We all have agendas.

Some of these can become a personality.

Teachers give speeches called lesson plans. If their audience is not sleepy or distracted or paying attention, with some notes and additional study and research, they may pass the test.

Preachers give speeches called sermons. If their audience (called congregation) is not too sleepy or distracted or paying attention, with Bible study and hymns, they might get to heaven.

Doctors give speeches called diagnosis. If their audiences are more doctors confirming or denying a medical thesis or patients hearing strange terms for what may be killing them and what is needed to stay alive, they could be written in medical journals and placed on the shelf.

Entrepreneurs give speeches called business plans. If their audiences are speculators or investors promising to make a profit over a pie in the sky idea, they could become millionaire moguls of industry or in deep debt.

Politicians give speeches. These are the words spoken to the voters giving repeated promises without any conclusions, except to get elected for another term.

Potential employees give speeches called applications or resumes. These are the words to persuade an employer to hire you with agreed upon salary and benefits and responsibilities and requirements, to start a career and save for retirement.

Every movement, trend, campaign are presented to the public with speeches. They maybe brief interviews or lengthy lecture, discourse, oration, declamation, deliverance, presentation, valedictory, homily, diatribe, monologue or soliloquy.

Some people are so ingrained in a movement, trend, campaign or just strong opinion that is all they speak about. If you notice social media, comments become speeches, and some are very irrational.

When there are face-to-face gatherings, we want to hear about family and friends, not speeches. We want some personal thoughts and ideas, accomplishes and failures, those tidbits the rest of us can talk about when you are not there.

So when we get together, leave your speeches at home. I don’t want to hear them.

Everything we say to each other are only lies anyway.

Plagiarizing

 

Plagiarism is the representation of another author's language, thoughts, ideas, or expressions as one's own original work. In educational contexts, there are differing definitions of plagiarism depending on the institution. Plagiarism is considered a violation of academic integrity and a breach of journalistic ethics. It is subject to sanctions such as penalties, suspension, expulsion from school or work, substantial fines and even imprisonment.

Generally, plagiarism is not in itself a crime, but like counterfeiting fraud can be punished in a court for prejudices caused by copyright infringement, violation of moral rights, or torts. In academia and industry, it is a serious ethical offense. Plagiarism and copyright infringement overlap to a considerable extent, but they are not equivalent concepts, and many types of plagiarism do not constitute copyright infringement, which is defined by copyright law and may be adjudicated by courts.

Plagiarism might not be the same in all countries. Some countries, such as India and Poland, consider plagiarism to be a crime, and there have been cases of people being imprisoned for plagiarizing. In other instances, plagiarism might be the complete opposite of "academic dishonesty"; in fact, in some countries the act of plagiarizing a professional's work is seen as flattering. Students who move to the United States and other Western countries from countries where plagiarism is not frowned upon often find the transition difficult.

 

Plagiarism is not illegal in the United States in most situations. ... However, plagiarism can warrant legal action if it infringes upon the original author's copyright, patent, or trademark. Plagiarism can also result in a lawsuit if it breaches a contract with terms that only original work is acceptable.

 

Signs of plagiarism

1. Sudden changes in diction.

Perhaps the most reliable tip-off of all is an unexpected shift of register. Put simply, if the writing suddenly changes within a few sentences or paragraphs, that may not be their writing. This can be subtler than some of the factors below, but when grading, you should already be reading closely enough to notice this.

3. More than one font.

This one is more of a gimme. Look out for changes in font type, size, color, and style (italics, bold, or underline), as well as suspicious formatting, especially a change from one setting to another (single vs. double space, margins, and so on). There may be other, perfectly legitimate reasons for these errors, so it’s hardly dispositive proof of plagiarism, but it should be a red flag.

3. Uncalled for hyperlinks.

Along the same lines, a signal that a paper (or a portion of it) may be copied and pasted from an online source is the presence of HTML links, which you obviously can’t follow if the submission is a hard copy. These are often underlined and blue, or darker gray in black-and-white printed papers. Again, there may be no foul play here, but it may be a sign of something.

4. Odd intrusions of first-person or shifts in tense.

Logically, first-person interjections would seem to be a sign that someone did write something, wouldn’t they? Always look carefully here. Do they sound like something this student would say? A student was once caught submitting an essay on steroid abuse that included the phrase, “In my many years as a physician …”

5. Outdated information.

If you come across a passage that says something like, “our current president, Bill Clinton,” or “Soviet scientists assert that,” you might be reading a plagiarized paper. Granted, this may also simply be a sign of poor researching skills or plain ignorance, but it’s sure redolent of lazy academic thievery.

6. Apparent quotes with quotation marks.

This is not only a sign of plagiarism; it’s one key definition of it. It should be made very clear to students that improper citation by itself constitutes plagiarism, and though it’s typically of the accidental kind, in practice that does not necessarily mitigate the consequences. Again, if they sound like someone else’s words, they very well might be, so investigate.

7. Incorrect or mixed citation systems.

Different disciplines have different methods of citing sources. You should make it clear to your students whether you expect them to use MLA, APA, Turabian, Chicago style, or whatever system fits your subject, and adequately instruct them in how to use it. Most important of all is consistency. If the citation style changes, you may be looking at plagiarized material.

8. Missing references.

These can either be footnotes or endnotes that don’t exist, or random notes with no referent in the text. Just like a mismatched or confused citation style, these loose ends can reveal chunks of text lifted directly from source material. Again, incorrect or absent citations are an academic offense in themselves, but they may also point to something more systematic and deliberate.

9. A paper that doesn’t really fit the assignment.

It’s a good policy to give students as specific a prompt as possible for written assignments. This makes it much harder to simply steal (or buy, there are sites for that!) a paper by another writer. If you do give a fairly particular briefing for an assignment, and then get a submission that’s just slightly askew from what you asked for, like a square peg in a round hole, it may be that the student secured a paper from another source, figured “Hey, close enough,” and turned it in.

10. Getting a hit on a search engine.

Finally, we come to the technological solutions for diagnosing plagiarism. The simplest and most readily available resource is Google: paste a sentence or phrase that seems iffy and see if you get any hits. More precisely tailored tools include Turnitin, Plagium, Plagscan, iThenticate, and many more. It’s amazing how often it fails to occur to students that their teachers could do this. It really adds insult to injury: if they’re going to cheat, they should at least do it well, instead of assuming you’re an idiot who won’t notice. For their own good and your own integrity, don’t let them get away with it.

 

Successful suits and settlements

• Solomon Linda was a South African musician, singer and composer best known as the composer of the song "Mbube", which later became the popular music success "The Lion Sleeps Tonight". Despite the popularity and wide use of the song, Linda died impoverished in 1962 of renal failure. In February 2006, Linda's estate attained a legal settlement with Abilene Music Company, which had the worldwide rights and had licensed the song to Disney. The primary outcomes of the settlement of February 2006 were:

·      The Linda estate will receive payment for past uses of The Lion Sleeps Tonight and an entitlement to future royalties from its worldwide use.

·      The Lion Sleeps Tonight is acknowledged as derived from Mbube.

·      Solomon Linda is acknowledged as a co-composer of The Lion Sleeps Tonight and will be designated as such in the future.

• In March 1963, the Beach Boys released "Surfin' U.S.A." When the single was released in 1963, the record listed Brian Wilson as the sole composer although Arc Music, Chuck Berry’s publisher, published the song. Later releases, beginning with Best of The Beach Boys in 1966, listed Chuck Berry as the songwriter. Later releases list both writers although Arc Music has always owned the copyright since 1963. Under pressure from Berry's publisher, Wilson's father and manager, Murry Wilson, had given the copyright, including Brian Wilson's lyrics, to Arc Music.

• George Martin's score for the Beatles' "All You Need Is Love" (1967) contained melodies from several songs thought to be public domain, including "In the Mood," written by Joe Garland and Andy Razaf. While the song was in the public domain, the Glenn Miller arrangement used was not and EMI made a royalty payment to KPM Publishing in July 1967.

• John Lennon's use of a line from Chuck Berry's "You Can't Catch Me" ("Here come up flat top / He was movin' up with me/") the 1969 Beatles' song "Come Together" ("Here comes ol' flat-top / He come groovin' up slowly") led to a lawsuit from Berry's publisher, Big Seven Music Corp. In 1973, a settlement was reached whereby Lennon agreed to record three of Big Seven's songs on his next album. Big Seven Music Corp. again sued Lennon for breach of contract, when his 1974 album, Walls and Bridges, failed to contain all three of the songs, with the court awarding the company US$6,795.

• Led Zeppelin's song "Dazed and Confused" was derived from a 1967 Jake Holmes song of the same name, which had been performed by Jimmy Page when he was with The Yardbirds. In June 2010, Holmes filed a lawsuit against the guitarist for copyright infringement in a United States District Court, claiming Page knowingly copied his work. The case was dismissed with prejudice in January 2012 following a stipulation filed by both parties. The 2012 Led Zeppelin release Celebration Day credits the song to "Jimmy Page, inspired by Jake Holmes".

• On Led Zeppelin's album Led Zeppelin II (1969), parts of the song "Bring It On Home" were copied from Sonny Boy Williamson's 1963 recording of "Bring It On Home," written by Willie Dixon. On the same album, "The Lemon Song" included an adaptation of Howlin' Wolf's "Killing Floor." In 1972, Arc Music, the publishing arm of Chess Records, brought a lawsuit against Led Zeppelin for copyright infringement over "Bring It On Home" and "The Lemon Song"; the case was settled out of court for an undisclosed sum. Earlier UK pressings of the album listed the song as "Killing Floor" and part credited it to Burnett, Howling Wolf's real name.

• Led Zeppelin's song "Whole Lotta Love" contained lyrics that were derivative of Willie Dixon's 1962 song "You Need Love." In 1985, Dixon filed a copyright infringement suit, resulting in an out-of-court settlement. Later pressings of Led Zeppelin II credit Dixon as co-writer.

• George Harrison was successfully sued in a prolonged suit that began in 1971 for plagiarizing The Chiffons' "He's So Fine" (1963) for the melody of his own "My Sweet Lord" (1970). In the ruling, the judge stated that he believed Harrison had not intentionally copied the song, but more than likely experienced an episode of cryptomnesia. "George Harrison was guilty of nothing but forgetting that if you repeat a three-syllable phrase three times over six measures, the probability someone hasn't done it before is virtually nil," says songwriter Nappy Martin. "That's not plagiarism, that's earnest tribute -- just as he even declared was intended to Edwin Hawkins in his song."

• In 1971, Johnny Cash paid songwriter Gordon Jenkins an out-of-court settlement of US$75,000 for plagiarizing liberally from Jenkins' 1953 song "Crescent City Blues," for Cash's 1955 single "Folsom Prison Blues" (re-released in 1968).

• Rod Stewart was successfully sued by Brazilian songwriter Jorge Ben Jor, over "Da Ya Think I'm Sexy?" melody and chorus similarities to Ben's 1972 song "Taj Mahal".

• In autumn 1984 and throughout 1985, Huey Lewis sued Ray Parker, Jr., for plagiarism, alleging that Parker stole the melody of the song "Ghostbusters" (the theme from the movie of the same name), from Lewis's 1983 song "I Want A New Drug." Lewis dropped the lawsuit after the two parties settled out-of-court in 1995. Lewis had been approached to compose the main theme song for the Ghostbusters movie, but had declined due to his work on the soundtrack for Back to the Future. It was reported in 2001 that Lewis allegedly breached an agreement not to mention the original suit, doing so on VH1's Behind the Music.

• According to the book Sharp Dressed Men by former ZZ Top stage manager David Blayney, who was with the band for 15 years, sound engineer Linden Hudson co-wrote much of the material on the ZZ Top album Eliminator album as a live-in high-tech music teacher to band members Frank Beard and Billy Gibbons. Despite continued denials by the band, it settled a five-year legal battle with Hudson in 1986, paying him $600,000 after he proved he held the copyright to the song "Thug" which appeared on Eliminator.

• Madonna was successfully sued over her 1986 hit "Papa Don't Preach" by songwriters Donna Weiss and Bruce Robert who received financial compensation after claiming the singer's hit song was stealing from the 1985 track "Sugar Don't Bite" they made for Sam Harris.

• Due to similarities to "The Air That I Breathe", a song recorded by The Hollies in 1973, Radiohead were successfully sued for plagiarism over their 1992 song "Creep". Consequently, songwriters Albert Hammond and Mike Hazlewood are credited as co-writers.

• Led Zeppelin also paid a settlement to the publisher of Ritchie Valens' song "Ooh! My Head" over "Boogie with Stu" (from their album Physical Graffiti) which borrowed from Valens' song (although they had already listed Valens in the credits).

• Madonna had to pay $2.5 million to Lebanese singer Fairuz who sued for sampling her song without permission and without any financial compensation.

• Oasis's 1994 single "Whatever" was initially credited as being written by the band's lead guitarist Noel Gallagher; a subsequent lawsuit awarded a co-writing credit to musical comedian Neil Innes due to similarities to his song "How Sweet to Be an Idiot." Oasis were also successfully sued for $500,000 by The New Seekers after the 1994 song "Shakermaker" was alleged to have taken its melody from "I'd Like to Teach the World to Sing". An Oasis song "Step Out," was originally intended for the (What's the Story) Morning Glory? album but was taken off after Stevie Wonder requested 10% of the royalties, as the chorus bore a similarity to his hit "Uptight (Everything's Alright)." Instead it was placed as a B-side on their 1996 single "Don't Look Back in Anger," and "Uptight" writers Wonder, Henry Cosby and Sylvia Moy received credit for writing the song, along with Noel Gallagher.

• In 2000, a U.S. Court of Appeals ruled against the Rolling Stones' former record company ABKCO Records, determining that two Robert Johnson songs recorded by the group, "Love in Vain" and "Stop Breaking Down" were not in the public domain.

• Madonna lost a 2005 judgement against a Belgian songwriter named Salvatore Acquaviva who was claiming that the popstar 1998 hit "Frozen" was lifting from his early-1980s song, "Ma Vie Fout le camp." The judge declined to award damages, but did order the withdrawal of all remaining discs for sale and barred the song from airplay on Belgian TV and radio. See Frozen (Madonna song): Plagiarism.

• Madonna paid 600 000 $ to the family of photographer Guy Bourdin after the artists heir sued her for plagiarizing his father work to make her Hollywood music video.

• American musician Les Paul was successfully sued for plagiarizing Romanian composer Richard Stein's "Sanie cu zurg?l?i" (1937) as "Johnny (Is the Boy for Me)" (1953).

• A lawsuit filed by Tommy Dunbar and James Gangwer of the 1970s power pop band the Rubinoos alleged Avril Lavigne stole their song "I Wanna Be Your Boyfriend" and reworked it into her best-selling single "Girlfriend." The case was settled for an undisclosed sum in January 2008.

• The Black Eyed Peas were successfully sued by Ohio disc jockey Lynn Tolliver, claiming that his song "I Need a Freak" was sampled without his permission in the Black Eyed Peas song "My Humps." Lynn Tolliver won $1.2 million.

• In 2009, Norman Lurie, then the head of Larrikin Music, successfully sued the members of the disbanded Australian group Men at Work on the basis that "a pattern of notes in five bars of a 93-bar song" in their hit "Down Under" sounded too much like the song "Kookaburra sits in the old gum tree," to which Larrikin owned the rights.

• Will.i.am and Chris Brown were accused of stealing house producers Mat Zo and Arty track "Rebound", upon the release of their 2013 collaborative single "Let's Go". Anjunabeats, the record label behind the producers, in a formal public statement, backed this claim. Will.i.am admitted that he did take the track, following an outcry on social media, and that he was rectifying the issue in an undisclosed licensing deal with the producers.

• Shakira's Spanish-language single "Loca" was ruled a copy from another songwriter's work. On 19 August 2014, Alvin Hellerstein, senior judge of the U.S. District Court for the Southern District of New York, concluded that the Spanish version of "Loca" had been plagiarised from "Loca con su Tiguere", a mid-1990s song composed by Dominican songwriter Ramon "Arias" Vasquez. Hellerstein ruled in favour of Vasquez and found the two songs to be similar in structure and rhythm. As the Spanish version of "Loca" features Bello singing numerous portions, the judge reasoned that it too was plagiarised from Vasquez's song. After a trial phase, SonyATV Latin and Sony/ATV Discos (the distributors of the Spanish version of "Loca" in the United States) will pay damages to Mayimba Music, the owner of the rights to Vasquez's song and the plaintiff in the lawsuit.

• Robin Thicke and Pharrell Williams were successfully sued for plagiarising Marvin Gaye's song "Got to Give It Up" for his single "Blurred Lines", and "After the Dance" for "Love After War", following a unanimous jury verdict on 10 March 2015. Marvin Gaye's children, Frankie Gaye and Nona Gaye, launched legal proceedings against EMI Records and Thicke in October 2013. In a separate allegation, Bridgeport Music claims "Blurred Lines" was remarkably similar to Funkadelic's "Sexy Ways". Both Thicke and Pharrell attempted to thwart the Gaye and Bridgeport lawsuits by claiming their copyright claims were invalid. Thicke and Pharrell were ordered to pay US$7.4 million in damages to the Gaye heirs.

• In April 2015, British producer Mark Ronson was forced to add additional credits to "Uptown Funk" (featuring Bruno Mars) after an out-of-court settlement had been reached with The Gap Band's publishing company, Minder Music. Charlie Wilson, Robert Wilson, Ronnie Wilson, Rudolph Taylor and producer Lonnie Simmons were added as co-writers, and that they would receive a 17% songwriting credit each. Minder Music filed a claim into YouTube's content management system, which prevented publishers to receive their payment, after the song was released failing to credit the original songwriters.

• Bruno Bergonzi co-wrote with Michele Vicino the song "Takin’ Me to Paradise", published on 1983. This song appeared on a number of compilations, internationally distributed. Italian Court d'Assise ruled on 2007 that Prince's 1994 hit, "The Most Beautiful Girl in the World", was a plagiarism from the song by two Italian writers Bergonzi and Vicino. The final sentence, by the Court of Cassation of Rome, arrived in May 2015 and recognized Bergonzi and Vicino as the authors of "The Most Most Beautiful Girl in the World" music.

• The Christian hip hop artist Flame, along with producer Chike Ojukwu and co-songwriter Emanuel Lambert, in 2014 sued the pop artist Katy Perry for plagiarizing their 2008 song "Joyful Noise", which featured Lecrae and John Reilly, in her 2013 single "Dark Horse", featuring Juicy J and produced by Dr. Luke, Cirkut, and Max Martin. The beat and instrumental line of "Dark Horse" was ruled by a federal jury in 2019 to have violated the copyright of Flame's song, with Perry, Juicy J, Dr. Luke, Cirkut, Max Martin, along with the co-songwriter Sarah Hudson and the labels and distributors Capitol Records, Warner Bros. Music Corporation, Kobalt Publishing, and Kasz Money Inc all found liable. On March 17, 2020, Judge Christina Snyder reversed the decision.

• In May 2018, Irish alternative rock band The Script filed a copyright infringement lawsuit against British singer James Arthur, alleging that Arthur's 2016 single "Say You Won't Let Go" sounded similar to their 2008 single "The Man Who Can't Be Moved". The case was ultimately settled in December 2018, with the judge ruling in favor of The Script, and Danny O'Donoghue and Mark Sheehan, the writers of "The Man Who Can't Be Moved", each receiving an official co-writing credit for "Say You Won't Let Go".

• Belgian brothers Edward and Daniel van Passel sued R&B artist R. Kelly for plagiarizing their song "If We Can Start All Over" in Michael Jackson's 1995 single "You Are Not Alone". A Belgian court rejected their claims in 2003, noting that the 43.46% similarity between the two melodies was a mere coincidence but the ruling was reversed in 2007, based on the fact that Kelly's earliest evidence of writing the score was August 1995, 21 months after the brothers registered their score for "If We Can Start All Over" and ordered the withdrawal of all remaining discs for sale and barred the song from airplay on Belgian TV and radio as a result. See You Are Not Alone: Plagiarism.

Unsuccessful suits

• During the mid-1930s, Ira Arnstein became convinced that major pop songwriters had been illegally copying his work. During 1936–46 he brought forth five plagiarism lawsuits though none proved successful.

• A number of people have put forth the opinion that the introduction, and opening guitar arpeggios, of Led Zeppelin's "Stairway to Heaven" bears a close resemblance to the 1968 instrumental "Taurus" by the group Spirit. In May 2014 an attorney hired by Randy California's heirs announced plans to file a copyright infringement suit that will seek a co-writing credit for California on "Stairway to Heaven." A Los Angeles jury ruled in favor of Led Zeppelin in June 2016. On October 5, 2020, the US Supreme Court again ruled in favor of Led Zeppelin.

• In 1994 John Fogerty was sued for self-plagiarism after leaving Fantasy Records and pursuing a solo career with Warner Bros. Records. Fantasy still owned the rights to the Creedence Clearwater Revival (Fogerty's former band) library. Saul Zaentz, the owner of Fantasy, claimed Fogerty's song "The Old Man Down the Road" was a musical copy of the Creedence song "Run Through the Jungle." A jury found that "Old Man" was not derivative. See Fogerty v. Fantasy.

• In 1993 Killing Joke sued Nirvana alleging that the riff for the latter's song "Come as You Are" was copied from the riff for their song "Eighties." The lawsuit was dropped after the sudden death of Nirvana frontman Kurt Cobain.

• The song "Thunderbird" was originally written and performed by the Nightcaps, a band formed in the 1950s when the members were teenagers. The Nightcaps performed the song and distributed it on their album Wine, Wine, Wine but never applied for copyright. ZZ Top began performing its version of the song in 1975, and has conceded that its version is lyrically and musically identical to the Nightcaps' song. The Nightcaps sued ZZ Top for, among other things, copyright infringement, but their claims were dismissed (in 1995) because, in part, ZZ Top had registered a copyright on the song in 1975.

• In 2003 Michael Cottrill and Lawrence E. Wnukowski claimed that Britney Spears' "Can't Make You Love Me," from her 2000 album Oops!... I Did It Again, misappropriated substantial melodic material from their song "What You See is What You Get". The court was skeptical on the question of defendant's access to the plaintiff's work.

• Ronald H. Selle sued the Bee Gees, alleging their 1977 hit "How Deep Is Your Love" stole the melody of his own never-released 1975 song, "Let It End." The Bee Gees prevailed at trial on motion of judgment notwithstanding the verdict. Selle appealed, but the Seventh Circuit Court of Appeals upheld the verdict.

• On 4 December 2008 guitarist Joe Satriani filed a copyright infringement suit in Los Angeles federal court against Coldplay, claiming the Coldplay song "Viva la Vida" includes "substantial original portions" of the Satriani song "If I Could Fly" from his 2004 album, Is There Love in Space? Coldplay has denied the allegation, which has resulted in further legal action from Satriani. On 14 September 2009, the California Central District Court dismissed the case, with both parties potentially agreeing to an out-of-court settlement.

• Baltimore songwriter Ray Repp sued composer Andrew Lloyd Webber, alleging the theme song from the musical The Phantom of the Opera was taken from his song "Till You." In 1998, a jury found Webber not liable for plagiarism.

• South African photographer and songwriter Guy Hobbs have accused Elton John, Bernie Taupin, and Big Pig Music, of plagiarism. Hobbs wrote a song in 1982 entitled "Natasha," about a Russian waitress on a cruise ship, who was never allowed to leave it. The song was copyrighted in 1983, and sent to Big Pig Music (John's publisher) for a possible publishing deal, but Guy never heard back from the publisher. In 2001, Guy came across the lyric book to "Nikita" and noticed similarities with his song. Despite repeated attempts by Guy to contact John over the issue, he never heard from him, and commenced legal action in 2012. On 31 October 2012, a federal judge granted John and Taupin's motion to dismiss, finding that the song did not infringe Hobbs's copyright because the only similar elements were generic images and themes that are not protected under copyright law.

• Braham v Sony Music Publishing; R&B singer Jesse Braham sued Taylor Swift for $42 million. He alleged that Swift had plagiarized his song 'Haters gone hate' in her 2014 hit "Shake It Off". Court dismissed the action, holding that the plaintiff had failed to establish a sufficient claim.

Unsettled, alleged, and forgiven incidents

The following are accusations of plagiarism appearing in notable media:

• Ritchie Valens' 1959 song "Ooh! My Head" is a thinly veiled cover of Little Richard's 1958 single "Ooh! My Soul." Richard was never credited in the Valens song.

• The opening of the Beatles' 1963 song "All My Loving" sounds almost identical to the first two bars of the solo in the Dave Brubeck Quartet's song "Kathy's Waltz", which was released in 1959.

• Peter Meaden, manager of the High Numbers (before the band changed their name to the Who), has been accused of plagiarising a 1963 recording of "Misery" by the Dynamics, for their debut single B-side "Zoot Suit". The A-side "I'm the Face" guitar and harmonica riffs are also very similar to Slim Harpo's "I've Got Love If You Want It". Both songs are credited only to Peter Meaden on the single.

• The Led Zeppelin song "Black Mountain Side" sounds similar to Bert Jansch's version of the traditional folk song "Down by Blackwaterside". No legal action was ever taken against Led Zeppelin, because it could not be proved that the recording in itself constituted Jansch's own copyright, as the basic melody is traditional.

• Deep Purple's 1970 song "Child in Time" is based on It's a Beautiful Day's "Bombay Calling", who were never credited. Ian Gillan during an interview with author Martin Popoff, admitted the song was "nicked".

• Deep Purple's 1970 song "Black Night" is a liberal uncredited take of Ricky Nelson's 1962 single "Summertime", itself a reworking of the George Gershwin standard, using the same two-bar pentatonic riff. Jon Lord during an interview on Heavy Metal Britannia, admitted the song was "nicked".

• Reviews of the song "Since I've Been Loving You" by Led Zeppelin (from their Led Zeppelin III album) have noted its similarity to the Moby Grape song "Never". No legal action is known to have been taken.

• The riff in Deep Purple's 1972 song "Smoke on the Water" bears a resemblance to Astrud Gilberto's 1965 song "Maria Quiet", arranged by Gil Evans.

• Musicologists have put forward the claim Pink Floyd's album The Dark Side of the Moon contains uncredited elements taken from American electronic music duo Beaver & Krause's 1971 album Gandharva. In particular the opening sound effects to "Soft/White", the vocal performance in the song "The Great Gig in the Sky" sounds identical to "Walkin'", and the saxophone phrasing of "Us and Them" is similar to "By Your Grace" and "Good Places".

• Eric Clapton claimed sole credit for "Give Me Strength", a song released in 1974, but was originally written in 1939 by Chicago gospel singer-songwriter Louise King Mathews. Mathews was financially disadvantaged and could not afford to take the copyright matter to court when she heard the Clapton version during the 1970s.

• Australian rock band The Angels have been accused of plagiarising Status Quo's 1974 song "Lonely Night" for their 1976 anthem "Am I Ever Gonna See Your Face Again". When producers Vanda & Young first heard the song in the studio, they urged the band to re-record it at a different speed and adding sound effects to avoid a potential lawsuit.

• Music producer Quincy Jones claims Michael Jackson plagiarized the synthesizer bass riff for "Billie Jean" from the earlier 1982 Donna Summer arrangement of "State of Independence".

• Madonna's 1984 song "Material girl" has similar strophes to Melissa Manchester's "You should hear how she talks about you" released in 1982. Despite the fact it has been highlighted by many observers, there never was official credit given for this interpolation.

• Rod Stewart's 1988 single "Forever Young", not only has the same title as the 1973 Bob Dylan song of the same name, but similar musical ideas and lyrics. When this was pointed out to the singer, a deal was struck via Bob Dylan's attorney where royalties were split 50-50, in which Stewart donated his share to charity.

• In 1997, The Rolling Stones voluntarily credited k.d. lang and her writing partner Ben Mink on their song "Anybody Seen My Baby?", after a representative of the group noticed a resemblance to lang's 1992 hit single, "Constant Craving."

• Madonna music video for her 1998 song "Ray of Light" was accused by the music video director Stefano Salvatito be a plagiat of his work for Biagio Antonacci's song "Non è mai stato subito"

• Coldplay were briefly accused of copying portions of "Viva la Vida" from "The Songs I Didn't Write" by American alternative band Creaky Boards. Creaky Boards later retracted the accusations and speculated that both songs may have been inspired by the video game The Legend of Zelda.

• A portion of the Bruce Springsteen single "Radio Nowhere" sounds similar to Tommy Tutone's 1982 hit, "867-5309/Jenny." Tommy Heath's response was "I'm really honored at a similarity, if any, I think there's too much suing in the world now."

• The New York Post reported similarities between the Red Hot Chili Peppers' "Dani California" and Tom Petty's "Mary Jane's Last Dance" could turn into a lawsuit. Petty responded in a Rolling Stone interview:

The truth is, I seriously doubt that there is any negative intent there. And a lot of rock & roll songs sound alike. Ask Chuck Berry. The Strokes took "American Girl" [for their song "Last Nite"], and I saw an interview with them where they actually admitted it. That made me laugh out loud. I was like, "OK, good for you." It doesn’t bother me.

• Søren Rasted (formerly of Aqua) has been accused of copying Kate Bush's "Running Up that Hill" for a song composed for the winner of the X Factor Denmark contest.

• Korean pop artist G-Dragon has been accused of plagiarism by Sony Music, as his tracks "Heartbreaker" and "Butterfly" are similar to Flo Rida's "Right Round" and Oasis's "She's Electric", respectively.

• iTunes has found cases of musical plagiarism using software that automatically identifies a CD's track information when it's loaded, most notably the many instances with pianist Joyce Hatto.

• The Black Eyed Peas were charged in January 2010 by Ebony Latrice Batts (known on stage as Phoenix Phenom), claiming that "Boom Boom Pow" is just a copy of her song "Boom Dynamite," which she sent to Interscope Records, the Black Eyed Peas' record label. The suit is ongoing.

• Stefani Joanne Angelina Germanotta, better known by her stage name Lady Gaga, garnered much controversy in 2011 for her single Born this Way, which critics accused of sharing strong similarities with Madonna's 1989 hit single "Express Yourself". When interviewed by ABC News in 2012, Madonna was asked about the similarities between "Born This Way" and "Express Yourself", stating: "When I heard Born this Way on the radio ... I said, 'that sounds very familiar' ... It felt reductive." She also came to report to The Newsweek Daily Beast Company what she had in mind when she heard "Born This Way": "I thought, 'What a wonderful way to redo my song'. I mean, I recognized the chord changes. I thought it was… interesting."

• Australian singer Delta Goodrem has been accused of copying the music of Arcade Fire's 2005 song "Rebellion (Lies)" for her 2012 single "Sitting on Top of the World"; however, no legal action is known to have been taken against her by the band.

• The Beastie Boys were sued in May 2012 by Hip Hop label Tuf America, over misappropriation and infringing copyright for "Hold It, Now Hit It" and "The New Style" from Licensed to Ill, allegedly using portions of Trouble Funk's 1982 song "Drop the Bomb." In addition, the Beastie Boys were also sued for using the "Drop the Bomb" drum sound in Paul's Boutique track "Car Thief" and sampling Trouble Funk's 1982 song "Say What?" for another Paul's Boutique track entitled "Shadrach", without permission.

• Madonna has been accused of plagiarism by record label Vallejo Music Group (VMG). VMG claims Madonna stole samples from the 1977 single "Ooh I Love It (Love Break)" by Salsoul Orchestra, for her 1990 charting song "Vogue". In the lawsuit, VMG allege that horns and strings were taken from the earlier track and used in "Vogue" without permission, and intentionally hidden within the mix. The lawsuit was filed in July 2012 with the company seeking damages in addition to royalties gained from "Vogue".

• Def Leppard is considering legal action against One Direction, over claims the boy band's single "Midnight Memories" sounds similar to "Pour Some Sugar on Me." In September 2014, some observers noticed similarities between One Direction's song "Steal My Girl" and the piano melody of Journey's 1983 song "Faithfully."

• In August 2014, American singer Meghan Trainor was accused of lifting the melody from a 2006 song called "Happy Mode" by the Korean pop band Koyote, for her single "All About That Bass". Songwriter Joo Young-hoon initially responded that "it must be a coincidence", but later revealed he was consulting with a specialized lawyer over the allegations. Joo announced in September that he would be filing a lawsuit against Trainor.

• Following the "Blurred Lines" plagiarism verdict, members of Marvin Gaye's family noted similarities between Pharrell Williams' award-winning hit single "Happy" and Gaye's song "Ain't That Peculiar", written by Smokey Robinson and fellow Miracles.

• In 2015, the web page of the Australian music TV channel MAX published an article by music writer Nathan Jolly that noted similarities between Guns N' Roses' song "Sweet Child o' Mine" and the song "Unpublished Critics" by the Australian band Australian Crawl, from 1981. The article posted videos of both songs, inviting readers to compare the two. It also cited a reader's comment on an earlier article that had originally drawn attention to the similarities between the songs. The story went "viral" quickly, encouraging several comments on both the MAX article and the suggestion that the Australian song had influenced "Sweet Child o' Mine".

• In July 2015, a lawsuit was launched against Rod Stewart by the estate of blues singer Armenter "Bo Carter" Chatmon alleging that "Corrina, Corrina", a track on Stewart's 2013 release Time, plagiarizes Chatmon's "Corrine, Corrina", which he wrote in 1928.

• In November 2015, R&B musician Jesse Braham commenced a lawsuit against singer Taylor Swift over the similarities in lyrics between his 2013 single "Hater Gonna Hate" and Swift's 2014 hit "Shake It Off". Braham is seeking a writing credit and $42 million in damages.

• On 9 June 2016, it was revealed that English singer Ed Sheeran was being sued by songwriters Martin Harrington and Thomas Leonard, composers of Matt Cardle's 2011 single "Amazing", for $20 million for copyright infringement over Sheeran's 2015 single "Photograph". The lawsuit states: "Given the striking similarity between the chorus of 'Amazing' and 'Photograph', (the) defendants knew when writing, publishing, recording, releasing, and distributing 'Photograph' that they were infringing on a pre-existing musical composition."

• Indian Music composer Gopi Sunder's song "Nam Ooru Bengaluru" used in the Bangalore Days (2014) is very similar to the single of Bryan Adams's Summer of '69. In 2016 he used "Take you down" or song #20, from Daniel Pemberton's score for the Guy Ritchie movie "The man from U.N.C.L.E (2015)" in a movie trailer of Kali (2016).

• The copyright status of "We Shall Overcome" has been disputed. A lawsuit argues that the song is in the public domain, as it stemmed from an earlier tune "We Will Overcome".

• Singer-songwriter Richard Morrill is suing singer Gwen Stefani, her company Harajuku Lovers, Pharrell Williams and Interscope Records, claiming their single "Spark the Fire" infringes on his rights in a 1996 song he wrote called "Who's Got My Lightah."

• Welsh rock band Lostprophets claimed that they originally wrote and performed the song "I Knew You Were Trouble" before it became a hit for Taylor Swift.

• In September 2019, Fiona Apple called out rapper Lil Nas X for an unpaid sample of her song "Every Single Night" on his track "Kim Jung" but has not taken any legal action as of yet.

 

If you ever sit down to a word processor and start writing are you following the styles of Edgar Allen Poe or James Joyce? As you type are you referencing Earnest Hemingway or Virginia Woolf? Is William Shakespeare or A.J. Rowlings influencing you?

If you ever sit down at a piano or pick up and guitar and you find some chords that sound good together but somewhat familiar, are you following an earworm of a tune old or a copy of an old tune to a new song?

Unless you are writing a dissertation for a PhD or a high school English class and you blatantly copy verbatim from another then sign your name to it, you are giving tribute to another original idea and adding your take to it.

 

This was mostly copy and paste so I admit I was emulating others.

Re-write

I’m trying to write a book. It will be called “Then The Band Broke Up”. It has 16 chapters, each a separate band’s story.

It started off with the basics. Who was in the band? What instruments did they play? What was the set list? When did the band form and when did it break up?

Then the band members had to be described. Each member had his or her own personality and talent. Each member had certain idiosyncrasies and styles. Some band members I barely knew and some I’d known for years.

A ‘band’ is like a team or a group or a club. A ‘band’ is a bunch of people who get together for some reason. Ours was the music.

I also have to put my point-of-view into how the events took place. Most of the band members have either disappeared or died so there is no one to reference my remembrance of what happened.

As I write, I remember another incident or moment and have to rewrite the page. Then I have to go back to the other 15 chapters to see if a similar event happened there. Re-reading chapters spark another memory and I have to rewrite all over again.

I imagine this happens to all writers. If a character appears in a certain scene (a book is just like a script) and acts a certain way, do you go back to where he or she was first introduced to insure the character’s consistency? How do they keep up with sequels? Maybe that is what sequels are for because you remembered something that you forgot out of the first version?

Think about bands that have been playing for years and years and have to repeat the ‘hits’ every time. The audience wants it to be as close as the original. The band members have broadened their styles and range and are influenced by other bands and maybe want to play the song slower (or faster) or with reggae beat instead of 4/4 times. How many times have the Rolling Stones play ‘Satisfaction’?

I don’t know if I’ll ever finish “Then The Band Broke Up” but it is a good memoir for garage cover bands that never become famous. The rewrites are amazing discoveries of historic details that might be of interest to those who listened to their own hometown heroes emulating the real rock and roll icons.

Wouldn’t it be interesting if you could go back and rewrite life? Maybe send a different note to that little girl in science lab? Maybe not send that letter to a person you rarely know and having to wait weeks to get a ‘Dear John’ response? Maybe instead of saying ‘I do’ you might just want to think about it a bit longer?

Got to go back to writing or should I say, ‘rewriting’.

Write a Jingle

 

Sure you want to be the next great songwriter in the category of Carol King, James Taylor or Bob Dylan, but they already wrote those memorable songs. Anyone can pick up a guitar or sit down at the piano and find a verse and maybe a hook, but then you have to get musicians to help you out, record it, get it distributed, play before an audience and hope that people like it before it goes out of date.

Then you have to come up with the next great song before you are forgotten.

Like all authors who are writing the next great American novel but settles in on writing YA graphic novels (formerly comic books), you may have to lower the bar. There are thousands of tiny bars or backrooms with a stool and a microphone and thousands of hopeful songwriters trying to be discovered. There are hundreds of websites where you can make a movie with your cell phone and post your tune hoping it will become viral.

Most top 40 songs are 3-4 chords and there are mass varieties of styles that can be played. Don’t worry about finding the perfect verse. Make a chorus everyone can sing along with. Find a hook that will bring them back to the song and cut it off at 3 minutes otherwise the audience will lose interest.

There is another option.

Instead of worrying about staying up with the latest trend, spending nights crammed in the corner of a smoky bar screaming your heart out to a drunken screaming crowd then jamming all your equipment into a trailer and driving down to the next stop and repeating the set in hopes some big time record producer will discover you and make you famous.

Write jingles.

A jingle is a short song or tune used in advertising and for other commercial uses. Jingles are a form of sound branding. A jingle contains one or more hooks and meaning that explicitly promote the product or service being advertised, usually through the use of one or more advertising slogans.

I listen to NPR regularly and hear this comment everyday, “Theme by BJ Leiderman”.

Who is BJ Leiderman?

Bernard Jay Leiderman (born February 14, 1956), known as BJ Leiderman, is an American composer and songwriter. His best-known works are his theme music compositions for public radio programs, including National Public Radio’s Morning Edition, Weekend Edition, Wait Wait... Don’t Tell Me!, Science Friday, and American Public Media’s Marketplace.

Leiderman attended Virginia Tech, but dropped out and became a stage actor, then a cameraman at WTAR (now WTKR) in Norfolk, Virginia. He later studied broadcast journalism at American University in Washington, D.C. Leiderman’s Morning Edition theme music was used for 40 years, from the show's first broadcast on November 5, 1979 until May 3, 2019.

As of 2013, Leiderman lived in Swannanoa, North Carolina. He produced his debut album ‘BJ’ (2017), featuring The Randall Bramblett Band and Béla Fleck.

He might not be on the list of the Grammys or Top 40 Billboard chart or have platinum selling records, but his little jingles are paying the bills. He doesn’t have to tour or promote his name (though every time is name is announced he gets royalties and advertising) or answer music critic’s questions.

Think about the ring tone on your phone. That little ditty played to identify every product from diapers to movie titles. The please hold soundtrack is a jingle. The effects on a video game are accompanied by jingles. “Twinkle, Twinkle Little Star” and “Now I Lay Me Down To Sleep” are all familiar jingles. Just a few notes not a song in a Rogers and Hammerstein musical but the words are unforgettable.

So don’t sweat writing the next #1 hit. Put a few notes together and write a jingle.