Did Ed Sheeran ACTUALLY Plagiarize Marvin Gaye?

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  • čas přidán 27. 04. 2023
  • So...is there any actual merit to the Ed Sheeran/Marvin Gaye lawsuit?
    The Grotesque Legacy of Music as Property (video essay on music as property)
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    My first video on the Ed Sheeran/Marvin Gaye lawsuit
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Komentáře • 3,3K

  • @Smithelwerb
    @Smithelwerb Před rokem +5069

    Wait till these lawyers find out about 12-bar blues.

    • @budgetguitaristcom
      @budgetguitaristcom Před rokem +96

      This comment deserves far more thumbs up.

    • @flare2000x
      @flare2000x Před rokem +79

      Or rhythm changes

    • @michaelr.landon1727
      @michaelr.landon1727 Před rokem +34

      I was just having a conversation with an intellectual copyright lawyer about this exact topic as the trouble with the current spell of frivolous copyright cases

    • @michaelr.landon1727
      @michaelr.landon1727 Před rokem +25

      The benchmark should be based on how differentiated the melody and the lyrics are

    • @scaredyfish
      @scaredyfish Před rokem +111

      If one person copies it’s plagiarism, if thousands copy, it’s a new genre.

  • @jonathanbyrdmusic
    @jonathanbyrdmusic Před rokem +3457

    The entire country music industry would cease to exist under this kind of scrutiny.

    • @sgtpetergreen
      @sgtpetergreen Před rokem +188

      @@PortableCoincidenceMachine "and the problem with that is...?" 🤓

    • @kikio-rq9kx
      @kikio-rq9kx Před rokem +15

      Well country Is black music.

    • @Bwooke
      @Bwooke Před rokem +74

      ​@@PortableCoincidenceMachine dude I hate country, but even as a joke this is a bad take.

    • @obiwanda
      @obiwanda Před rokem

      If by "country music industry" you mean the loose collection of identical white dudes Nashville has ordained to keep writing the same song about drinking beer on a dirt road with a truck and a girl with long legs in a small town by the river etc., then you're right
      But dig a little deeper, there's some really good underappreciated artists that are still making good country music, you just have to sift through the inane cookie-cutter garbage foisted on you by the industry.

    • @davis70140
      @davis70140 Před rokem +9

      Im shock little richard family ain't suing many music artist listen to little richard songs your see how many music artist have stolen from him elvis presly stole from little richard and when little richard finely met elvis he wrote little richard a check and little richard went whooo I love elvis he's so sweet and went shut up when interviewed about it also marven gay stole from little richard compare the songs

  • @WayneKitching
    @WayneKitching Před rokem +485

    The defense team literally played the Axis of Awesome video in court to show that completely different songs can have the same chord progression! 😂

    • @elenawilliams32
      @elenawilliams32 Před rokem +18

      As an Aussie, I find that hilarious. They were hilarious live.

    • @gata_salvaje69
      @gata_salvaje69 Před rokem +51

      That's one of the easiest ways to explain to the jury. 4-Chord Progression is a pretty common element in Music and nobody owns. The extortionist are disgusting for milking money out of talented artists! So happy Ed won❤️❤️❤️

    • @WayneKitching
      @WayneKitching Před rokem +39

      @@gata_salvaje69 If Ed had lost, it would have open the floodgates for countless other lawsuits, so I'm also glad he won!

    • @joelv4495
      @joelv4495 Před rokem +3

      @@WayneKitching Sadly, it won't stop the copyright trolls from trying!

    • @Kat-I-am3333
      @Kat-I-am3333 Před měsícem

      Like George Harrison's case of plagerizing One Fine Day. I think he lost.

  • @KyrieFortune
    @KyrieFortune Před rokem +46

    A similar thing has happened this very month at Eurovision: the winning song, power ballad "Tattoo" by Loreen, has been accused of plagiarism for sounding very similar to a song by an Ukranian pop artist.
    And "The winner takes it all" by ABBA.
    And a few handful of other songs.
    When you realize it sounds like so many other songs... it's not plagiarism, it's just a chord that is used.

  • @ngwoo
    @ngwoo Před rokem +1066

    Imagine if copyright law, as applied to music, applied to food. Every restaurant that uses mirepoix getting sued by the estate of some French guy. Having to pay royalties if you want to season with thyme and rosemary. It's shocking just how brazen the corporate attacks on personal expression have become.

    • @purposefully.verbose
      @purposefully.verbose Před rokem +9

      "just you wait, Henry Higgins, just you wait..."
      it's just a matter of time in this economic climate - they done gone cray cray out there.
      (the video I watched before this one, was cops literally stealing the cars of protesters)

    • @JohnvanCapel
      @JohnvanCapel Před rokem +40

      If they applied to language in the way they apparently get used for music, you'd owe someone money *every time you spoke a single word, in any known language* - you'd get sued for using the word "the".

    • @mongarcia9151
      @mongarcia9151 Před rokem +37

      This is one of the most convincing analogies out there. I'm pretty sure these corporate idiots who just want money don't really care about how an artist would feel if their music was used as an influence. They're just greedy for whatever amount of money they can leech from it.

    • @Jay-wk9xj
      @Jay-wk9xj Před rokem +9

      Tell me you don't understand anything related to intellectual property without telling me.. ridiculous argument.

    • @calebader6695
      @calebader6695 Před rokem +29

      ​@Jay "Intellectual property" is not property. You can't own an idea, it's impossible.

  • @Duffley
    @Duffley Před rokem +1902

    I hope the court finally plays one of Adam's videos to the parties involved so they can actually digest and understand it better before deciding anything.

    • @dwdei8815
      @dwdei8815 Před rokem +102

      Ha ha, then Adam could take them to court for plagiarising his arguments against plagiarism!
      Law can be nutty.

    • @dinobuddy
      @dinobuddy Před rokem +122

      Adam should instead market himself as an expert witness in copyright disputes. That's the only way his opinions could be made admissible in court and plus, he could charge $500 an hour for his time.

    • @batti591
      @batti591 Před rokem +29

      @@dinobuddy The only way to make money in music.

    • @dwdei8815
      @dwdei8815 Před rokem +13

      @@dinobuddy That would be money well spent. Especially if he gigged for them in the intervals.

    • @mattewwoodward4131
      @mattewwoodward4131 Před rokem +3

      U have be tone death and never heard iver of songs before to even come to a conclusion they sound the same

  • @AimeeNolte
    @AimeeNolte Před rokem +5

    Great video, Adam - kudos for making it on tour and having it look and sound great!

  • @gata_salvaje69
    @gata_salvaje69 Před rokem +256

    DEFINITELY NOT. That's actually a pretty common 4-chord progression. It's very disgusting for the heirs of Townsend to extort Ed. I hope Ed wins!❤

    • @bbkingme8831
      @bbkingme8831 Před rokem

      Common? That's marvin Gaye's progression. Just like every nice progression of music it comes from what u call niggas. Ed Sheeran is 100% just like most of America copying blk culture. And your comment shows you're 1 of them. This is 100% a copy of marvin Gaye. Influence and sound. The issue with all this is white ppl. They steal everything blk ppl do. Everything. And that's ok to be inspired. but to hate the ppl u wanna be is the issue. Especially ur kind of hate.

    • @lovesamantha9208
      @lovesamantha9208 Před rokem +25

      He won.

    • @etvscandalfanpage2011
      @etvscandalfanpage2011 Před rokem +3

      Those two songs sound exactly the same

    • @gata_salvaje69
      @gata_salvaje69 Před rokem +12

      @@etvscandalfanpage2011 Similar but NOT EXACT!

    • @John-od8zv
      @John-od8zv Před rokem +7

      @@etvscandalfanpage2011 Newsflash, a LOT of songs sound similar but are not the exact same.

  • @tenorman1971
    @tenorman1971 Před rokem +1425

    If the descendants and estate of songwriters and composers successfully make these suits, then the descendants of Pachelbel are probably going to expect a BIG payout.

    • @pa28cfi
      @pa28cfi Před rokem +70

      Public domain.

    • @ForestWizardLookingForPotion
      @ForestWizardLookingForPotion Před rokem +60

      @@pa28cfi joke.

    • @aleonimation
      @aleonimation Před rokem +14

      The problem is that these are copyrighted songs, Pachelbel and others like him are public domain

    • @juliecostello42
      @juliecostello42 Před rokem +1

      I make some sick Polyester suits if you like, ADAM'S shirt is cotton blend and it's his own band, stay focused y'all

    • @beeble2003
      @beeble2003 Před rokem +15

      @@ForestWizardLookingForPotion Expecting that people will understand "No, I'm not misunderstanding how copyright works -- I'm satirizing other people who don't understand how copyright works", in text, in front of total strangers, with no context, in a venue where misunderstanding the point is extremely common, is just doomed to fail.

  • @HeisenbergFam
    @HeisenbergFam Před rokem +855

    Its heartwarming to see Adam giving a shoutout to unknown artists like Ed Sheeran and Marvin Gaye

    • @c31979839
      @c31979839 Před rokem +13

      Get outta here bot.

    • @NummyGD
      @NummyGD Před rokem +19

      @@c31979839Not a bot lol

    • @c31979839
      @c31979839 Před rokem +5

      @@NummyGD I couldn't imagine what it's like defending a bot 🤣

    • @dandanjambon
      @dandanjambon Před rokem +10

      @@c31979839 lmao what

    • @quatie
      @quatie Před rokem +5

      Ive had to Google these guys.

  • @valsptsd814
    @valsptsd814 Před rokem +44

    This is so well spoken, and I love the statement from Sheeran. Pop music is so limited in it’s range, only so many chord changes are present.
    I am glad he won.

    • @fulanodetal4148
      @fulanodetal4148 Před rokem +1

      It’s not only the chords but the bass line and drums beat

  • @brunodelconte
    @brunodelconte Před rokem +16

    A really interesting idea to acknowledge all those who went before, but honestly someone is going to be missed. Could you imagine trying this with literature? But I should say Adam is GENIUS, absolutely love his understanding of music theory and the effort to explain it to mortals like me. Thank you!

  • @nickhamblin8179
    @nickhamblin8179 Před rokem +914

    Given the number of lawsuits that Marvin Gaye's Estate have brought against musicians, I can only assume that he essentially invented music as a concept, including chord progressions.

    • @milanforever7014
      @milanforever7014 Před rokem +20

      you can say whatever you want dude.. the song is photocopied.. it doesn't take much to change a few things to make a song more unique.. it's either laziness or bad faith sorry

    • @lownessfunk4932
      @lownessfunk4932 Před rokem +27

      Its important not to forget what Adam Neely mention in this video when referring to the history white musical artist appropriating genres that were developed by black artist. This went on in the last 100 years and still happens to this day. Furthermore Im 100% for Adam's idea on the citation
      eference system!

    • @BigDaddyWes
      @BigDaddyWes Před rokem +11

      It's not Marvin Gaye's Estate. He didn't write Let's Get It On.

    • @thesoundsmith
      @thesoundsmith Před rokem +35

      He didn't invent it, his lawyers copyrighted it.
      KEep in mind Marvin will never see a PENNY of this even if the lawyers win (doubtful.)

    • @jamorains
      @jamorains Před rokem +54

      @Lowness Funk ...Widespread appropriation is how a "genre" comes into being.
      (Black musicians stole from each other all the time). The history of music is the history of cultural cross-pollination.

  • @guyblack9729
    @guyblack9729 Před rokem +303

    My favorite genre of youtube video is adam neely explaining why two similar sounding songs are't copyright infringing

    • @gregsimmons3323
      @gregsimmons3323 Před rokem +4

      @DG White Saviour complex would imply siding with Townsend over the Sheeren.

    • @thesoundsmith
      @thesoundsmith Před rokem +7

      These two songs do NOT qualify, they are quite dissimilar when you examine all the things that CAN be "protected."

    • @cl8804
      @cl8804 Před rokem

      actually, that's not what he's explaining. he's explaining a musical opinion; not a legal one

  • @adriancadena2887
    @adriancadena2887 Před rokem +3

    Your closing thoughts are brilliant. That's a great idea. We should cite "inspiration" or "sources" when publishing new music

  • @SubitusNex
    @SubitusNex Před rokem +7

    What I like about this video is that it focuses on the conversation about the issue rather than a "did he do it". Music copyright is weird.
    The idea of citation is somewhat interesting, but might be hard to implement if you don't know where the citation comes from.
    Reminds me of how Jazz musicians love quoting licks from each other, but at some point we don't know where the original of something came from it's just part of the "scene" and the "language". And it'll continue to happen, lawyers involved or not. We'll definitely need to find a way to protects artists somehow, though.

  • @snowleopard9749
    @snowleopard9749 Před rokem +534

    Lawsuits like this are ruining music.

    • @LesterBrunt
      @LesterBrunt Před rokem +7

      No, they are ruining the music industry as it deserves to be.
      Most music doesn’t exist in the music industry.

    • @dix0nc0unty
      @dix0nc0unty Před rokem

      unoriginal artists like shereen are ruining music

    • @CMJames
      @CMJames Před rokem

      No, they are ruing white artists chances of habitual theft

    • @ThePolareyes53
      @ThePolareyes53 Před rokem +17

      Today’s “music” is ruining music.

    • @skyisreallyhigh3333
      @skyisreallyhigh3333 Před rokem

      @@ThePolareyes53 No, capitalism is ruining music

  • @LeglessWonder
    @LeglessWonder Před rokem +1096

    More people need to be like Freddie Mercury.
    “do whatever you want with my music, just don’t make it boring”
    That being said, this is frivolous as fuck

    • @Brinta3
      @Brinta3 Před rokem +68

      @Legless Wonder
      Two issues:
      1. Freddie supposedly said this to his manager Jim Beach. Beach is the only source and he’s not entirely trustworthy. Beach may have said it to justify re-releasing Freddie’s music in all kinds of ways, squeezing every last penny out of Freddie’s legacy. But it could be true; Freddie was keen on leaving his loved ones, friends, family, and bandmembers in a secure financial situation.
      2. Regardless, the quote has nothing to do with this video and plagiarism. If Freddie said it, then he meant it for Jim Beach, John Deacon, Roger Taylor, and Brian May. He trusted them to handle his musical legacy and to finish any unfinished songs. He definitely didn’t mean that anyone could plagiarise his music; that would indeed defeat the purpose of preserving his legacy and creating a healthy financial basis for the other members of Queen. There’s a reason why for the last albums all writing credits were shared equally even though Freddie was the most prolific writer in the band.

    • @lolosaulala48
      @lolosaulala48 Před rokem +6

      ​@@Brinta3 when?

    • @Brinta3
      @Brinta3 Před rokem +11

      @@lolosaulala48
      When what?

    • @lolosaulala48
      @lolosaulala48 Před rokem +17

      @@Brinta3 when did we ask? 😂😂😂

    • @bjoecoz
      @bjoecoz Před rokem +8

      Ummmm they sued Vanilla Ice tho.

  • @ladyluckclubllc
    @ladyluckclubllc Před rokem

    BEST EXPLANATION and example of the 2 songs ever!!! Good job!!!

  • @thijs199
    @thijs199 Před rokem

    also the upward melody at ''hide the scars to fade away the shake up'' and stuff. just details make that song so sick in vocals especially

  • @ChrisLau90
    @ChrisLau90 Před rokem +1656

    I'm no fan of Ed Sheeran, but anyone who enjoys any kind of music in general can see how much of a farce this lawsuit is.

    • @enzop2835
      @enzop2835 Před rokem +41

      Uuuuuuh. No it isn't. Marvin G made the original. Carrot Top Sheeran is leeching off it.
      Have some common sense.

    • @CMJames
      @CMJames Před rokem +14

      Not a farce at all

    • @skyisreallyhigh3333
      @skyisreallyhigh3333 Před rokem

      @@enzop2835 Common sense would require for you to know that what you said isnt true.
      You're just an idiot who doesnt like ed Sheeran and you let your emotions get in the way of judgement.
      These songs have different chord progressions and the melodies arent the same.
      Music is all about playing in styles.
      You would know that if you had common sense and watched the video before commenting and embarassing yourself.

    • @mitchlang6634
      @mitchlang6634 Před rokem +142

      @@CMJames do you guys realize HOW MANY SONGS THERE ARE ON EARTH.
      it’s pretty much mathematically impossible to not mimic another song’s chord progression/rhythm without making some crazy song that has 0 rhythm?
      It’s literally just a style of music. Nothing unique about it.

    • @princessm6355
      @princessm6355 Před rokem +36

      You’d be surprised how many people are crying plagiarism and cultural appropriation 🙄

  • @kelseycarlisle6916
    @kelseycarlisle6916 Před rokem +590

    One of my biggest problems with these lawsuits is that they are almost always presented on behalf of dead people who likely would've never even thought to sue someone over a chord progression or a "vibe." Just like Townsend was clearly influenced by and writing in the style of doo-wop music, Marvin Gaye was probably influenced by artists and tried to channel styles he liked in his own music. And, of course, Ed Sheeran does the same. I've never met a musician who became a musician in a void without hearing other music. But it will always be hard to explain to some people that chords, vibes, sounds, progressions, etc. cannot be owned. Plus the whole money thing lol

    • @Durmomo0
      @Durmomo0 Před rokem +61

      yeah its because the actual musicians understand how it all works and their relatives hear something that sounds the same but have no clue how being a musician actually is and just want to cash in.

    • @tecnosinemusic
      @tecnosinemusic Před rokem +55

      Keep in mind the JURY aren't musicians and don't understand that essential part that all of us musicians get, which is the very things everyone's talking about in this comments section. I honestly think Townsend's estate and Gaye's descendants are ruining the music industry because they're convincing every single jury in every single case they bring against a modern artist and fundamentally changing how musicians write their music. It's actually scary and dangerous. I now have no respect for those people. I'm sorry but I don't.

    • @2fs
      @2fs Před rokem +9

      $$$$$$$$$$$$$$$$$
      You'll notice very few lawsuits in which the two songs involved are both deeply obscure. One or the other song, or both, are typically very popular, financially remunerative tracks.
      Rockin' Jimmy down the street who's hawking homemade cassettes of a song he wrote and recorded himself is in no danger of being sued for plagiarism, despite the fact that he ripped off a song that was a Belgium-only b-side in 1951...because there's no money on either side of that equation.

    • @sleepymarauder4178
      @sleepymarauder4178 Před rokem

      Both were influenced by Church Choirs because they were in it if I recall correctly.

    • @skyblazeeterno
      @skyblazeeterno Před rokem

      But they CAN be owned which is the point of copyright

  • @DanielTompkinsGuitar
    @DanielTompkinsGuitar Před rokem +9

    I could see songwriting credits becoming like scientific papers, where there is a lead author or two, then a bunch more authors listed who contributed in some way. They could also give a references page 😂

  • @johndoe-ep7qk
    @johndoe-ep7qk Před rokem

    man such excellent points, especially the novel ideas about who should really get cited for songwriting credits, the limited number of progressions within a genre, etc, and AI being at our doorstep, which could be the end of creativity in the traditional sense

  • @TheForeignGamer
    @TheForeignGamer Před rokem +316

    These types of lawsuits should just be almost universally dismissed by the legal system, because they blatantly and willingly ignore the entire historical and cultural context of music itself and how musicians have expressed themselves since time immemorial.

    • @jeffreypelton1260
      @jeffreypelton1260 Před rokem +13

      I agree with this. Short of blatant copying, I'm not sure that elements that define a genre or feel should be legally protected. Trying to assert copyright infringement for using a particular genre's sound or feel is like if a painter asserted infringement because another painter used the same shade of green. Yes... some elements may be similar or even identical, but the work as a whole is unique and not derived from the other work beyond being in the same stylistic genre.

    • @Shyky1981
      @Shyky1981 Před rokem +4

      Create sth and then watch someone make millions off it see how it feels.

    • @skyisreallyhigh3333
      @skyisreallyhigh3333 Před rokem +7

      @@Shyky1981 That's not what's happening here.
      Are you claiming the estate created the music and not the artist?

    • @Shyky1981
      @Shyky1981 Před rokem +5

      @@skyisreallyhigh3333So if you're father creates a product then dies its not your family's product anymore. Its actually the producer/songwriter family suing and not Marvin's family coz most likely Marvin did not have the publishing of the song so i'll rephrase my statement. "Let your late Grandfather or father create sth and then watch someone make millions off it see how it feels". Its called sampling. Do some research. Heck some artists dont even ask for any money to sample their original works. Have their people call your people. common courtesy. Dont just use my shit just because you're Ed Sheeran(or whoever) and think its ok. Theres rules and Laws to this.

    • @alexc9278
      @alexc9278 Před rokem

      ​@@Shyky1981 totally agree 👍🏻
      Sheeran could give the songwriter credits and call it a day. Why make such fuss about it when the similarities are way too strong? 😅 Sheeran is freaking rich. It wouldn't count that much on the numbers

  • @brianwarren1235
    @brianwarren1235 Před rokem +193

    Funny how the copying the groove is what causes these lawsuits, because session musicians who don't get writing credit or royalties are often the ones that created the groove on hit songs in the first place

    • @pmnt_
      @pmnt_ Před rokem +39

      This is a common misconception: copyright does not serve the creators, it serves the publishers.

    • @TranquiloTrev
      @TranquiloTrev Před rokem +4

      That is exactly correct, but they sign away their claim to copyright when they get paid for the session, and their payment takes this into account. They are not fools, and this practice is long established. In this case the bass player who created the groove is one of the most celebrated musicians of his generation and his groove is unique.

    • @rustystone3367
      @rustystone3367 Před rokem

      Rusty-1-A.N.S. Session musicians are hired to play the song as written or they are sometimes given permission to come up with a guitar or bass line etc. They are playing and getting paid as 'a work for hire'. They are NOT the publisher of said song! Similar to someone who hires a contractor to build a house. That house does NOT belong to the contractor or any he or she hires to to do the actual building of that house.."it belongs to the person (s) who is paying for that house to be built and files all the necessary permits and fees etc. to be granted deed, title!!!! So the publisher, copywrite holder (be they a producer, writer, musician) is the rightful owner of a piece of music.

    • @pmnt_
      @pmnt_ Před rokem

      @@rustystone3367 The construction example doesn't work, because neither party can generate a passive income as with copyright.
      Here is a hypothetical copyrighted construction service: A law firm purchases plans for a house and licences them to a contractor. The contractor builds the house, someone buys it and becomes property owner.
      But: Whenever someone who is not the owner visits the house, looks at the house, takes a picture of the house, takes a video of the house (even if it's just the background, not the focus), someone else wants to build a similar house, there are royalties to pay to the law firm. Not the architect, not the contractor, not the owner.
      and THAT is the current state of the copyright.

  • @elsadmafioso
    @elsadmafioso Před 5 měsíci

    thank you very much for these videos! they have been really useful for writing my thesis on plagiarism in music

  • @bleauh
    @bleauh Před rokem

    Adam doing a very good job of shooting this from this angle on a tour bus that appears to actually be in motion.

  • @andrewlewis8223
    @andrewlewis8223 Před rokem +185

    I agree with all the points you made here, Adam. However, encouraging MORE citations in songwriting makes me nervous. I think it's entirely possible to write a song that borrows aesthetics from many songs without even knowing it, and that's okay and shouldn't have legal consequences. If I've listened to artist X before and then time passes and I write a song, it might have elements from artist X that I'm not even aware of. If you put my original work under a microscope it probably shares tons of stylistic elements from artist X. I just think requiring so many citations opens the doors for too much bad-faith litigation if something sounds kinda similar without a citation.

    • @taylormaines9909
      @taylormaines9909 Před rokem +35

      i said the exact same thing. It can become really hard to know what is engrained in your "musical DNA" after 30+ years of absorbing great music from everywhere.

    • @budgetguitaristcom
      @budgetguitaristcom Před rokem +35

      Not only is it entirely possible, I feel like it's impossible to NOT borrow from songs we've known. No matter how hard we try, there will be melodic ideas we like, and we like them because we've heard them before.

    • @cjkenney
      @cjkenney Před rokem +9

      The thing though is that if there is a claim you can update the citation list. And you wouldnt lose all your royalties like you would in the current system if someone takes you to court.

    • @tomsawyer3295
      @tomsawyer3295 Před rokem +7

      Ran into this exact problem when recording music for the first time. The drummer we had hired found our song problematic, because he thought it sounded like we had ripped off a song that is quite famous in our country.
      Our song:
      czcams.com/video/R_gLTtH76pM/video.html
      The song we supposedly ripped off:
      czcams.com/video/STzbPBvIQ-Y/video.html
      I had never heard of the song nor the band before I sat in a studio about to record my own material.
      While writing it however, it did cross my mind that there must have been a ton of other songs with the same exact bassline in that particular phrasing. Its a very basic idea after all. Never thought it would be a problem though, as one can't really own ideas.

    • @michaelLaderman-pk5mn
      @michaelLaderman-pk5mn Před rokem +4

      @@cjkenney If it worked that way, no problem. If it were a legal requirement that could incur damages, that would be much more problematic.

  • @cynicalclockworks9857
    @cynicalclockworks9857 Před rokem +464

    There's lots of petty lawsuits out there, but this one bugs me more than most. I'll never be able to play a note again without paying royalties to Alice in Chains or Mastodon.

    • @idontevenlikemoney
      @idontevenlikemoney Před rokem +58

      Could you imagine if most punk and metal musicians were this petty? Certain bands would own entire sub genres.

    • @SerjBassist
      @SerjBassist Před rokem +41

      @@idontevenlikemoney Don't speak too loud, Lars might hear you (?)

    • @stevenc6969
      @stevenc6969 Před rokem +9

      This Ed Sheeran song was an obvious rip-off.
      It wasn't only the notes and chord progression it was the entire rhythm and vibe of the song as well.
      I noticed it instantly the first time I heard it and it is not the first time he has done this.

    • @nedim_guitar
      @nedim_guitar Před rokem +4

      No other choice than to play 8 string guitars and just chug in 19/8.

    • @nedim_guitar
      @nedim_guitar Před rokem +26

      ​@@stevenc6969Inspired by isn't copying a song.

  • @qwertyqwertz2802
    @qwertyqwertz2802 Před rokem +1

    Just saw Sungazer. Fucking amazing show. Adam was just walking around the crowd at the end like a normal human. Had to really work to keep my spaghetti from spilling

  • @Gnurklesquimp
    @Gnurklesquimp Před 11 měsíci +1

    Wouldn't it be AMAZING if we all just loved inspiring/being inspired by each other, being open about our influences, only noble intentions and somehow never any harm done, no headache to begin with... That is very unlike the world we live in.

  • @Foodgeek
    @Foodgeek Před rokem +209

    I really hope they lose this case. Yes, it's sounds "inspired" by "Let's get it on", but they are NOT the same songs :)

  • @felisolacaso
    @felisolacaso Před rokem +112

    It makes a lot of sense to create mechanisms for better citation/reference, especially because it helps who’s learning.
    The challenging part is where the creators can’t associate their work with its influences, as it can be part of their own creative process without consciously seeing that it’s based on something they’ve heard before

    • @koalanectar9382
      @koalanectar9382 Před rokem +16

      Exactly, and I mean honestly how granular can we get with this stuff? Marvin Gaye didn't invent the chords he combined to create the song, nor the system of music that describes the intervalic relationships to spell them, nor any of the instruments the song was played on. Was he supposed to credit all those people?

    • @nataliatc1
      @nataliatc1 Před rokem

      🎯

    • @bricelory9534
      @bricelory9534 Před rokem +12

      And the worst part is if all songs typically have a full list of inspirations and something is left off (either by forgetting about it or simply it being a coincidence that they have similar sounds or other aspects), it will automatically look like the artist is trying to rip off the person who wasn't included on the list. It inspires a guilty until proven innocent mindset to approach inspiration, which frankly would kill creativity dead.
      A lot of musicians and writers I have seen will include their intentional inspirations in forewords/acknowledgements sections that are already common place in albums and novels, etc. Any more than that assumes a formulaic process of creativity that simply does not exist.

    • @KN-ck2kd
      @KN-ck2kd Před rokem +3

      I was thinking the same! It's a nice idea in theory but all the influences over a musical composition can't be exhaustively quantified in a list of citations. Not to mention that that system wouldn't account for musical ideas that are not conscious references, but coincidentally happen to exist in an older piece of music as well as the work in question. I don't think musicians should be penalized for using older musical ideas either on purpose or 'by accident'.

    • @2fs
      @2fs Před rokem +1

      There'd need to be an automatic license, though--similar to the way anyone who properly credits its writers can do a cover--because otherwise, can you imagine the headache a musician would have to go through, clearing rights to use 50 different songwriters' "inspirations"? Or even keeping track of them? I mean, most musicians I know are inspired by lots of things...but a lot of that percolates into their music unpredictably and unconsciously.
      I'd much rather see a system in which copyright inheres more strongly the more original the copyrighted work is (which is to say: your song is a 12-bar blues in E with a standard blues progression? That part of the song just is NOT copyrightable...), and wherein more original or exotic melodic/harmonic elements can be credited automatically without need for "permission."

  • @Gooden_Eye
    @Gooden_Eye Před rokem

    Adam, your video from 4 years ago (then with Legal Eagle 3 years ago) had it right, but thanks for the update!
    Now the new element of A.I. music (if it's music) really could crush human musicians worse than commercial radio crushed alternative rock in the early 2000's, IMO.

  • @sundude800
    @sundude800 Před rokem

    A very nice video! And very sane, compelling arguments to boot!

  • @akareject
    @akareject Před rokem +172

    I noticed this was recorded from the bus you are using for the current Sungazer US tour. I'd be interested in hearing you compare and contrast touring by bus versus touring by plane. I found your video on traveling on a plane with gear very insightful and I think doing with same with your bus tour could also be equally as enlightening. For instance, I imagine it is easier to travel your gear on a bus, but that assumption may be wrong if there just isn't enough storage on the bus for the gear, the luggage, and the people. Thanks!

    • @kage-fm
      @kage-fm Před rokem +2

      tiktoking from your bus >> tiktoking from your car

    • @zebragoboom
      @zebragoboom Před rokem +1

      ​@@strangehermitage2299 like you didnt even read the comment haha

  • @RogueCylon
    @RogueCylon Před rokem

    Here after the verdict. Enjoyed your analysis and viewpoints.

  • @cliffgaither
    @cliffgaither Před rokem

    Your knowledge of music and your videos about music are really fascinating. I've learned a great deal about music from your videos and applied it to classical & opera. Your explanation about the different music genres was very easy to understand and straightforward, especially the doo-wop progressions.
    If certain types of music styles are different from different eras, it makes sense that composers will be required to follow the "rules" of their time and still be individual artists.
    Handel and Vivaldi were two of the greatest creators of music. I'm not, by any means, an expert, but they followed the rules for composition for their time. Once those rules were in place, their individual talents of expression went their separate ways in dramatic feeling. All composers can read the music of other composers and understand what the composer is doing.
    Your idea about listing all of the musicians who contributed to the current artist's expression of a particular era & style makes perfect sense.
    Haydn's "Surprise Symphony" lets the listener know that something _new and different_ will be heard.
    You've really simulated everyone's thoughts on this subject.
    Thanks again !

  • @dank5018
    @dank5018 Před rokem +26

    This happens so often I was wondering why youtube was sending me a notification about an old video

  • @doliver5447
    @doliver5447 Před rokem +51

    Amen. The problem with these lawsuits, IMO, is that there are no progressions or melodies that can’t be related to an earlier iteration. Music as an art form is about re-interpretation.

  • @drcarrot
    @drcarrot Před rokem

    Thank you. Very helpful video. I agree that the practice of crediting one person doesn't make sense. Love and respect to all who came before and all involved in the current creation.

  • @AdamLevyGuitarTips
    @AdamLevyGuitarTips Před rokem +1

    Interesting take on this. Thanks, Adam. Also: Did you shoot this on a tour bus? Seems tricky to shoot in the wild - but this looks great.

  • @JC-fj7oo
    @JC-fj7oo Před rokem +161

    The biggest problem is that there is usually jurors involved, and they try to pick non-musician jurors who aren't influenced by their own career. But that also means they don't understand things like a chord progression and a beat aren't a song. It's a genre. But when you look at it the way a lawyer would present it: Showing the sheet music for the groove and bass and stating that the chord progressions and everything is the same... It looks like straight up plaigarism to someone who has never written a song.
    It's the same thing that happened with blurred lines which also involved a Marvin Gaye song... If you strip away all the things that a person really shouldn't be able to own, the only part that was copywritten was "hey" which is barely even a word if we're honest. And that's a really dangerous precedent. How many songs have "yeah" as a lyric? Or any other word? How different does a song have to be to say it's original? Like Ed said, there's only so many notes. There's only so many timings, and only so much time you can make a song. And since you almost always need repetition to make the song a song... Then we probably ran out of "original songs" a long time ago. And that includes the bad sounding combinations.
    So where does that leave us? Do we want to live in a world where we would have to say "all the music has been made" and every new song would just get sued? Might as well just stop selling gutiars at that point.
    Now if Ed had written "Let's get it done" and had the same groove and bassline... That might be a case. An obvious attempt to rip off a song should be frowned upon. But does it matter legally?
    I think the real issue should come down to one thing "does it hurt the artist?" because if you ask "does Ed's song take anything away from Marvin's estate?" the answer is simply NO. Nobody was in the checkout line with a Marvin Gaye album and then put it back on the shelf because Ed Sheeran had a similar sounding song. It never happened. If anything, people discovering the genre through Ed would increase sales of similar albums including Marvin Gaye's albums.
    It's something we actually hear a lot about lately. It's called "standing" and it's very important. You have to be able to show that you were hurt in some meaningful way and that the law can do something to fix it. So if we break it down, Ed didn't take anything away from Marvin. And if the court were to rule against Ed, the court couldn't actually fix the issue because there's no damage to fix.
    As for the uber-long writing credits... I don't buy it. If the AI song samples the music, sure. You should definitely give credit for a sampled song. But if we force the norm to be writing every single artist I've ever possibly listened to or been inspired by, it's just creating a huge wave of lawsuits from every musician who's ever made any song suing any random artist who has a song in the same key and isn't listed on the ridiculously long list of every musician all the way back to Beethoven. And frankly that just brings us back to square one.

    • @Seirryu-heart8
      @Seirryu-heart8 Před rokem +5

      Nice analogy… now if only common sense is not a rarity nowadays maybe this lawsuit will not exist…

    • @RockG.o.d
      @RockG.o.d Před rokem +6

      why doesn't anyone ever question why copyright lasts 70 years after artists death, but patents don't? Is it because there would be little technological advancements? because then you could argue that all you have to do is pay the patent owner for the right to use.

    • @JC-fj7oo
      @JC-fj7oo Před rokem +1

      @@RockG.o.d because a copyright is for a completed work. A patent is for an idea.

    • @RockG.o.d
      @RockG.o.d Před rokem +1

      @@JC-fj7oo so patents don't exist for completed work?

    • @JC-fj7oo
      @JC-fj7oo Před rokem +3

      @@RockG.o.d generally no. Completed works are protected under copyrights and trademarks

  • @KnapfordMaster98
    @KnapfordMaster98 Před rokem +89

    I always thought Like A Virgin sounded like a happy version of Billie Jean. Then I found out on the LAV tour, Madonna would literally switch to Billie Jean in the middle of the song. Funny how the 2 biggest pop stars on the planet at the time never had a squabble about that.

    • @larsreed7116
      @larsreed7116 Před rokem +2

      I may have my dates mixed up, but I believe the two of them had the same manager at the time. That probably kept a lid on any squabbles of that kind (and may have been the reason for the similar songs in the first place)

    • @milanforever7014
      @milanforever7014 Před rokem +3

      because the songs have nothing to do in common sorry

    • @j.lindback
      @j.lindback Před rokem +7

      If I'm not mistaken "Like a virgin" is in F# major, while "Billie Jean" is in F# minor, so there is some truth to that, it's probably no coincidence. It is also worth noting that Michael Jackson got the idea to "Billie Jean" from Hall & Oates, so it only shows that every new piece of music simply builds upon what was made before it! (But that doesn't necessarily mean you're entitled to receive monetary compensation for it.)

    • @milanforever7014
      @milanforever7014 Před rokem +2

      @@j.lindback f minor and f major are 2 completely different keys,, the songs are nothing alike.. michael jackson said he was inspired by a song by hall and oates but again they got nothing to do with each other to the point that even hall said he never noticed any similarities,, a lot of people here seem to mistake inspiration with copying which is the case with ed sheeran

    • @LisaKatoFitchett
      @LisaKatoFitchett Před rokem +10

      In an interview on VH1, the songwriter who wrote Like A Virgin explained how he took the riff from Billie Jean, played it upside down or backwards, and this was the basis for creating the song “Like A Virgin”. . . 😅

  • @cherrylimesatan
    @cherrylimesatan Před rokem

    On an unrelated note (note! haha! 🎵) that is a great new haircut you got, man. It really suits you.

  • @princessm6355
    @princessm6355 Před rokem +12

    Ahhh so should all these folks prior sue Marvin’s estate? I’m really proud of y’all for making these videos and showing the world why knowing music theory is so important! Keep it up

    • @TMeyer-cc9cw
      @TMeyer-cc9cw Před rokem +1

      The fact that you think its marvins estate tells me you gathered virtually nothing from the video. human toilet

    • @princessm6355
      @princessm6355 Před rokem

      @@TMeyer-cc9cw dumbass how is that so? I know it was Ed Townsend estate suing. Marvin’s estate has gone after people in the past for other songs. One wrong fact doesn’t mean I didn’t gather anything from the video

    • @ruawee2925
      @ruawee2925 Před rokem +1

      @@TMeyer-cc9cw you ok?

    • @TMeyer-cc9cw
      @TMeyer-cc9cw Před rokem

      @@ruawee2925 R U Ok?

  • @paul88khz
    @paul88khz Před rokem +463

    Imagine writing a really simple piece of music that nobody would describe as a work of genius and then claiming someone copied you when they write something similar. It's like a painter saying you can't use the primary colours because they already did and you're copying them

    • @unc1589
      @unc1589 Před rokem +21

      Imagine writing “let’s get it on” and someone writes the music to it and says “this is not the same song! Nope! Completely different. Why? Because I say so!”
      Then someone plays both songs.
      Then Ed says “ you gonna believe me or your lying ears?”

    • @fearinwaves
      @fearinwaves Před rokem +9

      @@unc1589 Bingo. I'm unsure how this whole video doesn't musically prove that Ed has just copied the song and made gazillions of money

    • @poekpally
      @poekpally Před rokem +78

      ​​@@fearinwaves there is literally a limited amount of possible combination of chords. The big difference in songs is solely the lyrics themselves at this point. To say it's copyright because you follow a basic chord combo is beyond stupid as you would not have nearly over half the music we have today.

    • @fearinwaves
      @fearinwaves Před rokem +4

      @@poekpally if his argument is that there’s only so many pieces of music people can make before it repeats itself (total bullshit) then he needs to pay the man who came up with it first.

    • @user-hl2ey1sj5h
      @user-hl2ey1sj5h Před rokem +59

      @@fearinwaves he didn't come up with those chords, it existed before him.

  • @malenky4057
    @malenky4057 Před rokem +99

    My problem is the money side of things. I think your idea of a 'show your reference/sources' concept is great. It would be so easy to do with modern music streaming platforms as well, just click a 'sources' tab and go straight to the music that influenced that song. It would even be a great way of discovering more music you like and the 'source' artist potentially profiting from being sourced, without the newer artist having to straight up pay them.

    • @XdivineExp
      @XdivineExp Před rokem +17

      On the other side of things, I worry that it might make things worse. A lot of people don't really care about the 'paying homage' thing. They'll just be like "Oh, so this guy used my song as a reference without my permission and they even wrote it down in their references? Aww yiss, lawsuit time".
      At least most of the time when a song is similar you can just be like "Well there's songs a, b, c, d, e, f, g, h, and i that all have similar styles, so it's not like I copied your work specifically, it's just in a similar style". If you write down that you used song 'a' specifically as a reference though then it might be much easier for them to sue for copyright.

    • @400_billion_suns
      @400_billion_suns Před rokem +16

      @@XdivineExp yeah, agreed. It sounds like a nice idea but I think it’s naive. For one, it’d be impossible to truly list every single reference. Where do you draw the line on what’s similar or different enough to include or exclude? And what’s the end goal with it? To invite more lawsuits? Certainly it doesn’t make sense to use it as a means of reimbursement, because if you fraction off a song’s profits to 500 influencing artists, nobody is going to make enough money to even bother writing music.
      Nothing is truly unique in art because humans learn and create via pattern recognition and synthesis of things they’ve already experienced. We’re really not much different from AI in that regard, so I find it amusing that people are frantically trying to bail water out of the creativity boat when a massive tsunami of AI is about to crash down on them. There’s no putting the cat back in the bag and the ones who succeed will be the ones who adapt and figure out a way to take advantage of it.

    • @jimlanpheer5281
      @jimlanpheer5281 Před rokem +3

      You mean like a 'liner notes on steroids' kinda thing? I like that idea but unfortunately, we (as consumers) can't even get record companies to provide the digital art and liner notes that should come with the digital purchase of any song or album. When i was growing up, that is EXACTLY how i learned about obscure artists who came before and influenced the artist's work - LINER NOTES. I used to read liner notes on albums incessantly to find out who that guy was influenced by in order to make the piece of art that i held in my hand.

  • @BreakerBeat
    @BreakerBeat Před rokem +4

    I think there is a big problem with making a citing system for songs. In academia you can cite because you actively read a source of information - you can't use another scientific paper unless you HAVE that paper and know you should cite it. With music it's not like you sit and listen to a bunch of songs in a style before writing in that style. I've several times written a song just to have someone tell me "oh, isn't that X song?". Either subconsciously because I've heard it 5 years ago, or by pure coincidence, artists can end up with similar songs. This makes it rather difficult to cite anyone. Half the time I wouldn't even be totally sure what genre to categorize my songs as.

  • @Project-Aries
    @Project-Aries Před rokem

    Great insight on this subject. Very well explained.

  • @Logos_Loki
    @Logos_Loki Před rokem +21

    Oh boy, here we go again

  • @SyntheticFuture
    @SyntheticFuture Před rokem +22

    The problem with "ownership" is that if you go back far enough it becomes impossible to say who created something. Let alone that even the people that got famous with ideas and styles may not be the people who actually created it. But there's no way to check that. That song "earth angel" may very well be taken from some random street artist. Who knows. I would even go as far as to say "who can proof any subgenre was actually created by any particular band or group of people"? Things are not documented well enough to ever really know for sure.

    • @wietzejohanneskrikke1910
      @wietzejohanneskrikke1910 Před rokem +1

      Exactly

    • @partysodown
      @partysodown Před rokem +13

      Imagine having to cite every song you’ve ever heard with the same chord progression as the song you wrote. It doesn’t seem feasible to cite influences, especially when many artists have so many different ones that they pull small nuances from

    • @SyntheticFuture
      @SyntheticFuture Před rokem +2

      @@partysodown I wonder if you'd also have to cite every notable instrument builder and classical composer. Those are after all the reason why your instrument has a certain tuning to start with 😶 And that tuning and those intervals are the reason why you end up with certain progressions. I wonder where the list would end. Just to be save cite every Neanderthal and tribe because rhythmic elements you may use in your song might lead back to then 😮

    • @calebader6695
      @calebader6695 Před rokem +3

      It is actually impossible to own an idea.

    • @400_billion_suns
      @400_billion_suns Před rokem +2

      Yes, it’s a naive idea. At some point people will just have to get over ourselves and accept that we’re all sharing in the same ideas of expression and just restructuring what we’ve already experienced.
      Nothing proves that so clearly as AI, which generates new stuff via pattern recognition and repetition, which is essentially the same way the human brain works. Except AI can do it in a far more prolific and efficient way, and humans are left feeling really un-special seeing how easily they are replaced.

  • @neilunderwood7367
    @neilunderwood7367 Před 11 měsíci +1

    The judge that decided Blurred Lines owed 7 million to Marvin Gaye's estate created a desperate and blind monster.
    Once some disreputable person finds that they can profit from winning a false claim,
    it sets a precedent for that plaintiff to continue finding music being infringed on everywhere.
    Now it becomes a multi-million dollar income stream, and a justification to attack every ghost of a chance to profit.
    The judge who determined that Marvin's copyright was infringed on simply proved that harassing successful songwriters can be profitable for the unworthy survivors of an avoidable tragedy.

  • @k.m.2625
    @k.m.2625 Před rokem +3

    While I completely agree with your point about the fact that musicians riff off each other all the time, and that genres are built around a formal framework that codifies them as genres, the problem with how to decide who needs to cite which source in songwriting credits is so incredibly murky and potentially fraught that I feel there will need to be a simpler solution or we'll all be reading legal disclaimers until we die and none of us will ever be able to make any music ever again.

  • @delphic464
    @delphic464 Před rokem +24

    Lawyer: You should sue!
    Artist: Actually, I'm not that concerned. What's the point of a lawsuit?
    Lawyer: So you can get the compensation you deserver.
    Artist: But I don't actually care that much.
    Lawyer: Sorry. Let me put this another way. I bill you $1,000 per hour and this will take hundreds of hours.
    Artist: So you will make significantly more money then me in the deal?
    Lawyer: Well...yes...but...this is about justice for your music!

    • @skyblazeeterno
      @skyblazeeterno Před rokem

      Copyright is often not held by the artist and more often record company

    • @arissprings7972
      @arissprings7972 Před rokem

      The idea that an attorney went out to find a song that sounded similar to Marvin Gaye’s is kinda ridiculous. Lots of attorneys are overworked as it is. The attorneys here were likely approached by the family and asked to represent them. A case like this would halt, and I mean halt, most mid sized firms based on the complexity and public interest alone. All of the other hundreds of matters would have to be worked on by others and it’s very likely not worth it unless it’s a specialized firm that they reached out to. But I know attorneys have that bad guy rep from lots of movies so it’s understandable.

  • @davehart.
    @davehart. Před rokem +79

    Good video. "Ed Sheeran was definitely channelling a Let's Get It On vibe when he wrote Thinking Out Loud". I wonder if he really was when he *wrote* it or is that more when he *produced/arranged* it. I think i heard the story of him and Amy Wadge writing it together and they actually thought it sounded like a Van Morrison song, which would be a very different vibe. This difference between vibe and writing of lyrics and melody is important here I think, as there are plenty of examples where the melody and lyrics are separated from vibe. Andy Summers would tell you that his guitar sound and riff are as much to do with Every Breath You Take as Stings lyrics and melody, but the law would and does disagree with him!

    • @nedisahonkey
      @nedisahonkey Před rokem +2

      Yikes, you follow Ed sheeran enough to know the story behind his songwriting process?! 🤮

    • @frankvaleron
      @frankvaleron Před rokem +2

      Very well made point, although don't tell Van or he'll want in on the act too

    • @AJ-ed7mx
      @AJ-ed7mx Před rokem +21

      @@nedisahonkey you should try it sometime, you might learn something

    • @nedisahonkey
      @nedisahonkey Před rokem +2

      @@AJ-ed7mx Try Ed sheeran's music? No thanks. I just as soon take a long stroll off a short cliff.

    • @maxwilson3531
      @maxwilson3531 Před rokem +11

      @@nedisahonkey you're pretty cringe

  • @juandiegosucaalonzo
    @juandiegosucaalonzo Před 11 měsíci +1

    Guys, there is a Mexican song that also came out with those chords, the theme is called QUERIDA - JUAN GABRIEL

  • @capefry8323
    @capefry8323 Před rokem +1

    The second I heard about the Sheeran and Gaye Lawsuit, the first thing I thought was "When will I get an Adam Neely video on this".

  • @SodiumWage
    @SodiumWage Před rokem +119

    It would be great to open an album cover and see a works cited page because not only would it give credit to where the inspiration came from, it would make discovering other music a lot easier. I don't know how many times I've paused your videos because you mentioned some obscure music that I went and searched for and listened to before continuing your video. I'd love to see Radiohead's works cited page, or Jack White's works cited page because then I could spend the rest of my life going down musical rabbits holes discovering all sorts of amazing new music.

    • @maxonmendel5757
      @maxonmendel5757 Před rokem +4

      dinosaur jr

    • @koalanectar9382
      @koalanectar9382 Před rokem +17

      I agree that would be really cool, but at the same time it invites a situation where somebody is gonna feel slighted because they weren't included in a list of citations they feel they should have been on. I feel like there has to be some limiting principle in who you have to credit, especially as people are getting more and more litigious about this stuff. I feel like we had a pretty good balance of fairness when only melody and lyrics were able to be copywritten, or at least there was a broad understanding that was the case, if not a legal one.

    • @bricelory9534
      @bricelory9534 Před rokem +22

      And it puts an impossible task on musicians - when creating songs, you may have absolutely no idea what you have heard in the past that inspires a particular style, or frankly you might have stumbled it entirely on your own with never having heard the "originators" of a genre/style. In such cases, your lack of citation may seem like appropriation or some slight form of plagiarism when entirely none is there, nor would it have been possible to cite anyone.
      It's the same reason the vast majority of novels, and visual art doesn't have bibliographies - but many do have forewords and acknowledgements that do mention the intentional inspirations they had.
      It's really really bad more musical creativity, collaboration, and the conversation of inspiration to try to shoe-horn research practices into something creative and artistic in nature.

    • @thesoundsmith
      @thesoundsmith Před rokem +9

      Your underlying assumption is that there WAS a 'source.' I've written dozens of sings with changes that exist in other tunes. Most of the time, I don't notice till I'm nearly done. That melody is my response to those changes, but only if Was aware of the other tune while I'm composing.

    • @5BBassist4Christ
      @5BBassist4Christ Před rokem +7

      To me, this "Works cited" idea sounds atrocious and would lead to the death of many brilliant aspiring musicians. Why? Gee, I don't remember every single song I've ever listened to before. Imagine publishing a song with two hundred artists listed, and then you get a lawsuit because you missed somebody you may have heard at the grocery store. This whole lawsuit is a bogus money-grab, and if it passes it will either spell the end of copyright or new music. Perhaps copyright could use some serious revamping though.

  • @TheMangoDeluxe
    @TheMangoDeluxe Před rokem +3

    Copyright has gone bananas in the past few decades and it's stifling creativity.

  • @reallyhughish
    @reallyhughish Před rokem

    Would've been great to have used a clip of Axis of Awesome from after Jordan transitioned. I believe she did do a live performance of the 4 chord song afterwards. Thanks for the great video though!

  • @calebkulfan9301
    @calebkulfan9301 Před rokem

    my friend used to mash up "folsom prison blues" and "you are my sunshine" it was amazing.

  • @wtfserpico
    @wtfserpico Před rokem +107

    The problem with listing every songwriter who had some input on your vibe or genre is that we have a tendency as humans to be drawn to the same things, and we can "spontaneously" generate things that we may have actually heard before but we aren't conscious of that when we put word and note to paper.
    If you require too much specificity then you will simply do away with writing new music in an existing genre altogether for fear of accidentally leaving someone that you've never even heard of out of your song credits and opening yourself up to legal action with no possible defense.

    • @kchilvers1758
      @kchilvers1758 Před rokem +6

      That’s where AI would actually be useful. You could create a program to listen to your work and then automatically generate the reference list for you, so everyone who deserves credit can be credited, and you don’t need to worry about being sued.

    • @evilduck5691
      @evilduck5691 Před rokem +11

      @@kchilvers1758 at that point you're crediting people who you may have never heard - what's the point? Why not just replace this system with a tool for finding similar music?

    • @kchilvers1758
      @kchilvers1758 Před rokem +5

      @@evilduck5691 that’s a great point and a great suggestion. I guess the point is that you’re crediting people who you haven’t heard, but who have influenced the people you have heard, and I’m not sure that I personally would see that as a bad thing. But I’m not married to my opinion and would happily change my mind if points and opinions such as yours were further presented to me.
      Great suggestion regarding the tool for finding music. I’d be interested to hear your thought on what that would look like.

  • @eucherenkov
    @eucherenkov Před rokem +57

    As a member of the philosophical academic community, your point regarding academic work and its citing of sources was spot-on. There's most definitely a parallel to be found between it and the practice of incorporating elements belonging to the musical repertoire of whatever genre or musical culture your original composition fits into. As in academia, to me (and to your point), it shows an engagement and connection with the "current" that you are working with; whether that work is "hermeneutic"* or directly inserted into that tradition. Appropriate and plentiful use of sources shows respect and understanding of those whose work allows you to do what you do.
    Great video, as always. I love your channel and your band, and I'm grateful that you spend so much of your time and energy in producing as much quality content as you do.
    *the use of hermeneutic here is intended to correlate with the practice of producing music which pays homage to, or interprets (thereby rehashing), another artist's work in a different style as the original. I'm not sure if the usage is appropriate but I hope it conveys what I meant it to.

    • @p_mouse8676
      @p_mouse8676 Před rokem +2

      I wrote this as a separate comment, but I actually think it really fits here as a good discussion.
      I think this is a really difficult one, since people can't own an idea. People can only patent the technical side of things or trademark a name or certain look. For example with video games, you can't protect the idea of a 2D platformer like Mario, eating little dots like Pac-Man or shooting demons like Doom. You can only protect the visual style and music. People can also not protect the idea of selling burgers with a car drive through system. So this is basically exactly the same idea. I totally understand of crediting the right people, which is the the most ethical thing to do. But it raises a very difficult question, to what extent? If somebody makes some reggae music, do you always have to credit Bob Marley? Or with gypsy jazz Django Reinhardt? That's practically not only completely undoable, in mainy cases these musicians also got there inspiration from somewhere or (accidentally) even copied someone else. That's gonna be a big rabbit hole spiraling down endlessly.

    • @bricelory9534
      @bricelory9534 Před rokem +3

      Thing is, citations in philosophical work represent intentional and purposeful research and direct engagement with the work cited. Artistic work and creative inspiration doesn't work that way - so many times, the germination of a song is just noodling around and creating some musical phrase you enjoy or are inspired by. It might resonate with you because you know exactly who inspired it, because you vaguely remember something like it on a radio at a gas station years ago, or because to you it is an entirely new idea (even if it's very close to something that is common to everyone else). Having to do research to find out what possible heritage your random musical idea might have will kill the vast majority of inspiration dead before it ever becomes a song.
      And if some version of a works cited section becomes the norm for music, it will falsely implicate anyone who is ignorant or truly wasn't inspired by something that they happened to sound like in some way - creating a place of guilty until proven innocent (which is basically impossible to do: try to prove you *weren't* inspired by someone when people believe you have been).
      Also, despite Adam's examples here, genre and style are extremely vague and notoriously difficult to pin down or define - so there is no clarity on who/what would be expected to be included in a works cited section anyway.
      And if, in this case, pop soul ballad conventions are so clear as Adam says, then the only evidence of direct inspiration from "Let's Get It On" is that the song is successful and well-known. But it could be entirely feasible that the songwriters used the conventions of the genre and innovated on them in a way that happened to be already innovated on. No person is regularly always conscious of the elements of every single song they have ever heard.
      The current system of artists freely mentioning intentional inspiration in forewords and acknowledgements is enough. We could encourage more musicians to be forthright about inspirations, but anything bibliographic is far too far.

  • @CraigGriffiths
    @CraigGriffiths Před rokem +2

    I will strum something on my guitar and throw a melody over it. My wife will walk by and say “oh, xyz”. I had know idea that it sounded like whatever she heard. I may not even know the song.
    As complex as we may note it down, there are still only 12 notes.

  • @unconditionalfreedom
    @unconditionalfreedom Před rokem +1

    what a great, common sense, skilled explanation! thanks Adam

  • @isaactfa
    @isaactfa Před rokem +22

    I know that it's different and a song is a standalone piece of art that gets sold and profited from but this feels like if the Stanley Kubrick estate sued every filmmaker that uses the "wave of blood spilling out from an elevator" scene.

    • @arandombard1197
      @arandombard1197 Před rokem

      Yeah it's a weird standard that we don't apply to anything else. Agatha Cristie's estate doesn't sue literally every murder mystery writer.

  • @stellabandante2727
    @stellabandante2727 Před rokem +10

    You're amazing. This is so clearly articulated and would probably make for great testimony at the trial. Music is so much bigger than what meets the eye and is understood by the average listener.

  • @Mozzarella-and-Tomato

    Adam! Can you do an analysis of Marika Hackman's New Year and explain what makes it so extremely enchanting (and hard to sing while trying to play the tab on guitar??😂)

  • @JAMUSA2018
    @JAMUSA2018 Před rokem

    I know absolutely nothing about guitar,guitars and bass. However, I'm conviced that you are knowledgeable and know what you talking about. Thanks for making me more understanding of what is going on with the claim and counter claim of musical piracy

  • @ekkisoatima2449
    @ekkisoatima2449 Před rokem +31

    Careful, Adam. I think you just signed yourself up to be an Expert Witness in the trial! 😂

    • @DerekHartley
      @DerekHartley Před rokem

      @@user-mm8vw1ow1x I dunno, I reckon 12Tone could do a good job.

    • @maxp2305
      @maxp2305 Před rokem

      ​@@DerekHartley if I'm not mistaken, Rick Beato may actually be an expert witness

  • @watsonunlimitedmusic
    @watsonunlimitedmusic Před rokem +53

    Afro Caribbean music does NOT follow the "rules" of copyright. If feel and chord progressions are copyrightable, 2/3 of Afro Caribbean music copyrights are void and the entire genre of reggae now belongs to Universal Music Group (as I believe they currently own the publishing rights to the earliest recorded examples of the genre).

    • @asherburdick6319
      @asherburdick6319 Před rokem +19

      Yep. In practice a citation model would mean that those who can afford to hire lawyers and musicologists to engage in motivated reasoning will be the best equipped to exploit the natural fuzziness of musical influence and genre development to bully their way into ownership of basically anything they like

    • @bryandavies213
      @bryandavies213 Před rokem +3

      yeah and 30% of all pop music could be deemed plagarised under this "feel" parameter. for example the song that goes "im a rebel just for kicks" is a dead knockoff of "mr postman"

    • @markjames8664
      @markjames8664 Před rokem +1

      Don’t give UMG ideas😂

    • @DDoubleEDouble
      @DDoubleEDouble Před rokem +2

      Yup, especially when you consider we have the history of “riddims” which anyone can hop on and profit from because the transformative-ness comes from the lyrics.
      We also take phrases from others’ songs and nobody cares because it’s a “cultural motif” (like if I incorporated the phrases “DRIVER” “zim zimmer” or “bad gyal, who nah tek back chat”, none of the original artists/lyricists would take you to court for writing credits on your song). Kind of like in jazz where they have “moifs” anyone can use even though technically someone came up with it first. Idk I think pop (and western music in general) has a different relationship with “ownership” over art.

    • @watsonunlimitedmusic
      @watsonunlimitedmusic Před rokem +1

      @@DDoubleEDouble Yes - exactly. This is also common in Calypso, Mento, Soca, Kompa, Zouk and even Cuban music.
      "Western".. but also really particularly American culture (which shaped so much of the music industry and music law) is often more individualistic. Although it's worth noting that European folk music traditions are much less so.

  • @thijs199
    @thijs199 Před rokem

    I do that kinda ''extra tension'' thing quite a bit in my singing. You could say it's style development. I really resonate with it.

  • @pleasestopsubscribingtomyc3360

    babe wake up it's time for the annual "this lawsuit is dumb because it's common musical tropes" video from adam neely

  • @glenfordburrell1076
    @glenfordburrell1076 Před rokem +1

    Ed Townsend's: for your love, has a whiff of Charles Trenet's 1946 classic: La Mer (aka "Beyond the sea"), which can still be heard today being played by mardi gras bands in Louisiana.

  • @daddymuggle
    @daddymuggle Před rokem +14

    One problem with saying that someone owns a vibe, feel or genre, is that ownership will be credited to the registered composer of a given song.
    Yet in reality, even if we manage to choose the most correct seminal song for a genre, it's highly likely that the feel was created by largely uncredited people in the studio. So we won't be rewarding or acknowledging the right people anyway.

    • @AutPen38
      @AutPen38 Před rokem

      Take away all the money from lyricists and give it to the bass players and drummers for great justice.

  • @DavidDiMuzio
    @DavidDiMuzio Před rokem +13

    Thank you for all you do for music making culture and education Adam ✨🎶🤘🏼💛

  • @theproblembelief7549
    @theproblembelief7549 Před rokem

    This is a great exposé. I will check the other videos also. What do you think of David Bowie in this sense - he has done the "adopting a style" thing so many times, but transforming it at the same time. Starman -> Somewhere over the Rainbow, in the chorus. Same melody, I think, for a couple of beats.

  • @alexanderherbertkurz
    @alexanderherbertkurz Před rokem +4

    Wrt to generative AI: "We need to have ways to protect the labour of human songwriters" ... thanks, Adam, for making this important point. And, of course, this applies not only to music ... the ability of AI to generate amazing content cheaply means that we human creators (on which AI is parasitic because it is trained on human generated content) need to think about organizing and defending ourselves.

    • @MolloRelax
      @MolloRelax Před rokem

      95% of the revenues generated worldwide , from the sales of music created by Artificial intelligence should be allocated to medical research on disease and environment saving procedures. The 5% remaining could go to those people who put the smallest amount of effort to initiate the request for such music.

  • @GaryBeardsley
    @GaryBeardsley Před rokem +3

    Adam, just such brilliant assessment, my friend. SO well stated, so clear, so appropriately convincing. Meaning, it is clear you are not self-serving; your goal is to assign proper regard for the original innovators and establish some kind of working model going forward for ALL of us. A gifted communicator you are, sir. And I fully agree with your theoretical assessment of the whole issue. I remain a huge fan. ;-)

  • @revrenlove
    @revrenlove Před rokem +4

    I think Van Morrison should weigh in... Crazy Love was released before Let's Get It On.

  • @fosbury68
    @fosbury68 Před rokem

    "I Can Hear Music" was performed by the Ronettes (first) and the Beach Boys (cover) but it was written by Jeff Barry, Ellie Greenwich and Phil Spector.

  • @robshes
    @robshes Před rokem +2

    Once you create a song and let it out to be heard, you don’t own it anymore . Brilliant video.

  • @DeSlagen8
    @DeSlagen8 Před rokem +13

    0:50 When I saw Twenty One Pilots live, they mashed up Mulberry Street with Bennie and the Jets. Those two songs do sound very similar, and I think it was a cool nod to inspiration. I definitely think this shows that Sheeran could've been inspired. I personally don't think the songs are similar enough and I think the quality is so different and the time difference that it won't affect Marvin Gaye's track.

  • @beatmydrum
    @beatmydrum Před rokem +2

    Adam! I saw you at Ableton Loop in Berlin back in like 2016 or 2017, when you were on an All-Star panel with Andrew Huang and Rachel Collier. Great to see you’re still making vids (and btw you look amazing!)! Just subbed to your channel and glad your analysis of these songs is being used in court! Keep up the great work.👌🏽👏🏽🍻🥁🎸

  • @johnwallace2319
    @johnwallace2319 Před rokem +1

    I think it's to the point that we need to have writers and influence sections in the credits, make it clear who was in the room when making the song, and who was only referenced, make sure every name is in the right place and reflects the reality.

    • @KyleDavis328
      @KyleDavis328 Před rokem

      Certainly. I cringed when Adam suggested songs have every influence listed as a writing credit. While I agree influences should be credited, they didn't write the song. More stringent copyright code and etiquette that better outlines who can (and should) be credited as a writer, and who should be credited as a reference (or an inspiration, special thanks, whatever people want to call it) would do much better than just "list everyone as a writer." At some point, songs will have every musical person ever listed as writers, and when everyone gets credit, no one does.

  • @wendyleeconnelly2939
    @wendyleeconnelly2939 Před rokem +1

    I agree with citing sources. I always wondered why that isn't a thing. From elementary school on they teach us about citing sources to avoid plagiarism. It always just seemed weird that when it comes to creative work that's not a thing.

  • @bizfix11
    @bizfix11 Před rokem +269

    There isn't one single person who heard Ed's song for the first time and said to themselves, "This sounds exactly like Marvin Gaye!"

    • @jdhitc
      @jdhitc Před rokem +30

      I did, but I just went with he a fan and they inspired him. Like this guy said lots of songs have a very similar sound.

    • @UKWizdakey2lyfe
      @UKWizdakey2lyfe Před rokem +23

      The two songs are 41 years apart. Guarantee if they were 2-3 years apart everyone would notice. It’s not that the songs aren’t similar Marvin Gaye has just been forgotten over time

    • @EricAxel36
      @EricAxel36 Před rokem +35

      Huh? I did, I assumed it was sampled.

    • @alblack3425
      @alblack3425 Před rokem +13

      That's actually what I thought...like someone else said I thought it was as a sample...GUILTY GUILTY.

    • @zijun01
      @zijun01 Před rokem +6

      He probably should have changed things up a little. If the melody, harmony, harmonic rhythm (and consequently the bass part and drum groove), arrangement and overall vibe are 'similar', that seems to go beyond 'inspired by'. With a more unique melody or a different harmonic rhythm, Sheeran's argument would be stronger. I would argue that the decision in the similar lawsuit involving the song Blurred Lines was wrong, but in that case the two songs had even more differences that the two in this case.

  • @quitomotel
    @quitomotel Před rokem +20

    The citation of sources part is a great analogy. Writers and musicians alike feel and look alien when they write/sing about a genre without taking something from what came before. Researchers even place little respect to new ones who fail to cite authorities/figures in a topic.

  • @MarioDartagnan
    @MarioDartagnan Před rokem

    Adam, perhaps you could do a program on what I consider the most modulations in a popular song. I'm Never Gonna Let You Go by Barry Mann and Cynthia Weil, produced by Sergio Mendes.

  • @DrumPixel
    @DrumPixel Před rokem +1

    I remember meeting you at thomann, you lost your phone. I found it in the Piano department haha. That's where I recognize you from! that is so crazy :DDD hope youre doing well

  • @feliscorax
    @feliscorax Před rokem +156

    For me, as an occasional writer and poet as well as English teacher, this copyright case is a very dangerous thing indeed for creativity if Ed Sheeran should lose - I’m not even a fan, but for the sake of an artist’s freedom of artistic expression / creation, I hope he wins. It’d be like someone slapping a copyright on the Shakespearean sonnet’s rhyme scheme and 14-line structural limit and then taking any subsequent poet to court for using those basic elements in any subsequent poem. For me, it’s the same thing here: there’s a style and genre, it adheres to X + Y elements, and that’s it. Also: John Locke’s legitimation of property rights is quite flawed given his entire philosophy was a legitimation project for the enclosure of communal land into privately-held freeholds that benefited a very privileged élite against the interests of the general population. So, once again, it’s the same deal here.

    • @chihuahuadachshund4264
      @chihuahuadachshund4264 Před rokem +2

      I agree with that…. I like how you introduced the elite.
      I’m an inverted snob. It’s the way they look down on us. Like we’re dirt. Look at the nurses

    • @unc1589
      @unc1589 Před rokem +1

      Freedom of expression?
      Not on my song.
      It’s a direct rip.
      Shakespeare is in the public domain .
      Motown? Alive and kicking.
      He had to know better.
      He took a shot.

    • @larrybrown1597
      @larrybrown1597 Před rokem

      If you write a Hi Ku, beware.

    • @skyisreallyhigh3333
      @skyisreallyhigh3333 Před rokem +4

      Damn, I just usually say capitalism is the problem but you put it so much bettet

    • @skyisreallyhigh3333
      @skyisreallyhigh3333 Před rokem +2

      @@unc1589 How is a song with a different chord progression and different melody with different lyrics a copy?

  • @LogaFilms
    @LogaFilms Před rokem +8

    The idea of owning a genre reminds me of how George A. Romero might have been able to copyright the idea of a zombie movie, if it weren’t for the fact that due to an error in the opening credits, his film Night of the Living Dead went straight into the public domain

    • @skyblazeeterno
      @skyblazeeterno Před rokem

      And the fact that zombie movies existed decades before

    • @LogaFilms
      @LogaFilms Před rokem

      @@skyblazeeterno Such as?

  • @JosephTheRocker
    @JosephTheRocker Před rokem

    That remark in the end about playing things better your own that are derivative of other artists as a forum of respect to the former work is very important here. Especially for checking the egos of other musicians who let their arrogance and insecurities get in a way of things like this

  • @christinaandme
    @christinaandme Před rokem

    I love this! Smart and concise, not even one sided. Nice !

  • @midinerd
    @midinerd Před rokem +12

    imagine if a genre of music standardized itself so it could be mashed up, for hours on end, and people took drugs for days in a row while people just queued those songs and cleverly faded between them. One day...

  • @con_boy
    @con_boy Před rokem +6

    I'm thinking out loud but i hope Marvin and Edd can stay friends after this and still get it on

  • @albertdinha
    @albertdinha Před rokem

    Firstly, just discovered your channel and think you have a very interesting content. And explanations are really smart. But i do have a question/suggestion. Can you create another video this time presenting examples of copyright infringements successfully indicted as such to show the flipside of the coin? Just curious

  • @amptransformers2257
    @amptransformers2257 Před rokem +1

    @adam- I think the part at the end about adding a LARGE amount of song writers to each song is really kind of already done but maybe there should be some more-formal way of showing that. It is already being done in that artist's albums, or maybe the artist themselves is marketed or sold under a genre of music. So lets say a 'pop' star releases an album. By the album being listed as a 'pop' album you are automatically conveying that ALL current or former musicians that are/were 'pop' musicians in some way contributed to the creation of those songs. I wouldn't say those musicians necessarily can be contributed with helping with the creation of the album though, as there is much more involved with that like arrangement and all sorts of other things. Also...I like run on sentences.