Which is a bit of a shame, given that over the past week a lot of the social networking sites I visit have gone insane about this particular issue. Specifically, about whether copying the arrangement of a cover of a song is wrong if you have permission from the original artist to use it.
So here's the story. The show Glee, which I'm a huge fan of, used the song Baby Got Back in its last episode. But not the rappy Sir Mix-A-Lot version we're all so familiar with, instead they went with a soft ballad arrangement of the song. It's really quite beautiful ... at least for a song about a guy expressing his appreciation for voluminous rear ends.
The thing is, that particular arrangement was actually created by a singer called Jonathan Coulton who is, quite understandably, upset that his work was used without his permission, without financial compensation, and without any acknowledgement of it being his work. I mean, wouldn't you be? You created something, albeit a cover of a song, and then a huge TV company goes and just uses it without so much as a by your leave.
The problem, however, seems to be that JoCo doesn't actually have any legal recourse. He made a cover of a song, and when he bought his licence it was clearly stated that he couldn't copyright his modifications. It said so in the contract. That means that it's up for grabs to whoever else is willing to buy the licence. It's clear cut, Glee didn't do anything legally wrong.
But what about morally?
Would it really have been so hard to just let the guy know it was happening? To make sure when it was announced that credit was given to him for the arrangement? That's what all the JoCo fans are asking right now. Why didn't the people at Glee, who I'm sure know this copyright stuff backwards and forwards, give him the credit he was due? Were they even allowed to, or did their contract prohibit them from doing it for some reason?
We don't know, because Glee have refused to comment so far.
I'm finding it all very disturbing. As I said, I'm a huge fan of Glee. Hell, anything that's essentially a teen soap opera where they break out into song and dance at every emotional climax gets a thumbs up in my books. It's like Dawson's Creek meets The Sound of Music.
But I'm also a big believer in respecting the right of the creator. We're all creators, and if someone took our stuff and used it without our knowledge and without crediting us, even if they were legally allowed to, we'd be gutted.
Ugh, I hate moral dilemmas. Can't I just go back to thinking Darren Criss is cute?
Jonathan Coulton has probably gotten more press from Glee's snub than he would have from being credited in ultra-small print on the show's credits. Unfortunately, this kind of stuff happens all the time. And many don't understand their rights--food bloggers threaten others when recipes are copied, but unless it shows extensive creativity, a recipe isn't subject to copyright protection!
ReplyDeleteIt would be nice, though, if copycats had better manners.
It does make me wonder if there's a legal reason for not crediting him. It's such a simple thing to do.
DeleteYou make the mistake of using moral in the same post as The Entertainment Industry.
ReplyDeleteI once heard a serious operatic rendition of "I Like Big Butts" over the musak system in a clothing store. I near peed myself.
LOL! Operatic version? Oh god, I think I'm going to have to google that!
DeleteI didn't know Hollywood types had morals. Poor guy is screwed.
ReplyDeleteIt seems likely that they don't, doesn't it.
DeleteIt would have been nice to let him know!
ReplyDeleteAnd so easy to do. Unless their licence said they couldn't, in which case they then chose to use the arrangement while knowing they wouldn't be able to acknowledge him.
DeleteI think morally they should have given him credit. Especially since one of the main components of the show is doing covers of songs. I'm sure until this story came out most people thought it was the Glee people that came up with that arrangement.
ReplyDeleteThere should be better copyright laws with regards to covers. It's one thing to cover the song and do it just like the original but coming up with a drastically different arrangement and feel should be protected somehow too.
If I understand the copyright law correctly, you can only copyright a cover of a song if it's significantly different to the original, and I don't think changing the tempo or the tune counts.
DeleteI, too am a big fan of Glee and I didn't catch that, that was the same song as Sir Mix-A-Lot's song. I think you bring up some interesting points, though. Maybe the show's legal dept. felt there was a reason why they shouldn't acknowledge Joco's cover of the song. Is that an admission of guilt in some way in the event they get sued?...even though JoCo has no legal right to the song in the first place.
ReplyDeleteNot long ago I was talking to an attorney concerning IP rights on blogs. The laws are so arbitrary and confusing, that I frankly leads to the fact that anything you create...something that is created out of your brain may or may not be yours. It is subject to some law.
My other point being..I agree with everyone it would of been nice for the show to let JoCo know but the networks are going to stick to protecting themselves not about being polite.
Maybe he would have been thrilled to find out they were using it if they'd told him, after all it would be more publicity for him ... or maybe they were afraid he'd use it as an admission and try to get them to pay. I don't know, it just seems a bit fishy.
DeleteVery good question, Kellie! Those are all tricky things that creators and users have to weigh out. I would say the TV station people are admitting to their guilt by being quiet. Perhaps they are thinking it over.
ReplyDeleteI'd guess that they're taking the "We didn't break the law, so let's not incriminate ourselves by talking about it" route.
DeleteI actually plagiarized your lady bits on facebook. I sincerely imitated you. Are you flattered. When I make loads of money, I'll boat some your way.
ReplyDeleteAwesome! I'll keep an eye out for the enormous novelty cheque!
DeleteTurns out you didn't write it either, but I'll still send ya money when I get rich, Maybe I'll even come visit!
DeleteAh Hollywood and morals that's like oil and water. In a perfect world they would've let him know they were using his arrangement and given him credit. But if they had no legal obligation to give him credit they probably assumed there was no reason to give him a heads up. It sucks, but if they're legally covered that's all that matters to them. Now it would be awesome of Glee to give other artists a heads up from here on out even if they're not legally obligated. But they probably won't.
ReplyDeleteYou're probably right. It does make you wonder if any other artists had their stuff used, but we don't know because they didn't have as big of a following as JoCo.
DeleteI find it interesting that in the last three presidential elections the Republican presidential campaigns stole music and only stopped using it when threatened with lawsuits.
ReplyDeleteReally? I didn't know that!
DeleteThink copyright issues, think Pinterest! A can of worms waiting to explode. Do worms explode? Not sure, but you get my drift. I now only Pin images of artwork I have created or photographs that I have taken "just in case".
ReplyDeleteYou're right, it is a bit of a powder keg waiting to go off.
DeleteYesterday in class I was explaining to my kids how stuff gets bigger the older we get and it's not pretty. One girl said, "Maybe guys like big butts," and I said, "and they cannot lie." I was pissing myself laughing. They were not.
ReplyDeleteLOL! Oh no, kids don't know the wise words of Sir Mix-A-Lot? What is with the youth of today!
DeleteI think Glee needs to stop the madness... They have ruined too many of my old favorites. I put my foot down when it comes to Baby Got Back.
ReplyDeleteHugs!
Valerie
It is sacrilegious, isn't it! Sir Mix-A-Lot rolling in his grave ... actually I'm not sure if he's dead, but if he is he's totally rolling!
DeleteI don't watch Glee. I hate high school musical renditions of songs I like and I don't think most of their voices are super strong. And in general I hate covers of any song unless the original was horrid and the remake is epic. That doesn't happen very often though. Having said all that, a jazzy emotional Baby Got Back by whomever did it is an abomination against the hip hop cheezy uptempo music I grew up with. For shame for shame.
ReplyDeleteIt does besmirch the beauty that is the pure rap tones of Sir Mix-A-Lot. For shame, Glee and JoCo!
DeleteThat would drive me insane. Even if someone took the essence of something of mine, like a cucumber with horns who writes about weird things in the same tone as me? I would lose my mind. I get mad when I hear about joke thieves and people who are dismissive of it, so I can't imagine how frustrating it must be for a musician who spends all that time coming up with an arrangement just to have some show backhandedly steal that hard work.
ReplyDeleteWell JoCo's definitely ropeable, and I can't say as I blame him.
DeleteI stopped watching Glee because it got too...I don't how. They seemed to be going for shock and awe rather than tell a story that I could believe in. The producers should be more open with their music content sources. They might not have a legal issue, but morally they are in the wrong and should apologize. Give credit where credit is due is my policy.
ReplyDeleteI didn't really start watching until the second season, but there's just something about the soap opera drama of it all that appeals to me. Then again, I'm notorious for liking bad television. Hell, I loved the Dawson's Creek spin off that only lasted 8 episodes! I'll never recover from the blow if it being cancelled...
DeleteNever watched Glee and often feel that covers or remakes do nothing more than ruin the songs. If they can come up with something original, then by all means please do. Otherwise they are just belting out their own version of something wonderful that someone else has already done and usually ruining it in the process. Not too often is there a decent song that has been improved by having someone else sing it. I can totally understand someone being gutted over having their work, be it art, music or written word, used by someone else.
ReplyDeleteI have had it happen myself a few times, by different people. At first I am angry, then I feel bad for them. How long must their arms be to be reaching like that? It's pretty pathetic on their part actually, trying to take credit for other peoples work because they lack the ability to come up with something of their own to be proud of.
It's definitely a tricky subject, but some cases are more clear cut than others. My personal opinion is that they should have at least let him know. It must have come as a shock.
Deletei used to love glee and then i feel like it started reaching for a story line too much. kinda like the last couple of years of ally mcbeal when the neurotic-ness just started to get completely out of control.
ReplyDeleteOh god, those last few years of Ally McBeal were just a trainwreck! Truthfully though, I watch Glee for the music and for the incredibly dramatic storylines. I do love a good melodrama.
DeleteI always find it so interesting when things like this happen. For giving credit and making some small financial payment they would have been spared all this drama. Surely for a show as big as Glee they could manage that. It always smacks of greed to me.
ReplyDeleteEven if they hadn't been able to pay him, or acknowledge him publicly, there must have been a way to make sure he got credit. Hell, if they'd got him onside from the start it might have helped promote the episode!
DeleteHaha! "Twitterpated" librarians! I want to see those - but I won't be plagiarizing anything to find out what they look like. Sorry for the Glee flap, but I can't say I'm much of a fan anyway...
ReplyDeleteGreat post! :-)
Oh you don't want to see a twitterpated librarian! It's scary!
DeleteI think as writers, this is a sensitive issue for us. I can't imagine if someone had taken something I had written and passed it off as their own, just because I hadn't copywrited it. It wouldn't even be about the money...it's just that they had taken a part if me! Not right morally. Darn Glee, cause I love that show, too.
ReplyDelete