DJs Archives • 8Sided Blog

Are We Running Out of Notes?

March 18, 2020 · 2 Comments

In the mid-70s, a music scholar, maybe a professor, definitely someone we’d now call a ‘musicologist,’ wrote an alarming letter to Rolling Stone magazine. He stated that, by his estimation, within a few years the notes would run out. That is, musicians were about to exhaust all available music notes in every possible timing and context. He warned that soon there would be no more original songs.

Beneath this letter was a response from John and Yoko. They were apparently enlisted by Rolling Stone to address this crisis. Their two-word reaction to song-pocalyspe: “Lighten up.“

I should point out that I can’t verify this happened. I saw the exchange printed somewhere many years ago, but I can’t find evidence online. Regardless, it’s no surprise that for decades music intellectuals have raised concerns about a limit on new songs. And that the songwriters have always reacted with a shrug.

The notes are only part of a song. Also critical: instrumentation, dynamics, performance texture, tempo, studio trickery — the list goes on. Those notes don’t seem as limited when we take these extra elements into consideration. But it’s still reasonable to imagine a few people coming up with similar melodies. And if some of those other elements align, then there might be a raised eyebrow or two. Is it plagiarism?

I’m not saying everyone is innocent of copying notes or lyrics or songs outright. But we’re led to believe it intentionally happens a lot less than it does. A dirty little secret is that songwriting isn’t all that difficult if you know what you’re doing. Having a ‘hit’ song is tough, but all of those elements I mentioned above — and some additional ones, like charisma and promotional budgets — contribute to making it a hit, too. When you think about all the potential downsides, it’s a lot easier to write a song than steal someone else’s.

Minneapolis-based ‘record selector’ Mike 2600 has an amusing YouTube series called Songs That Sound The Same. Using two turntables (and I suspect some pitch manipulation), he goes beyond the ‘mash-up,’ drawing attention to songs that share an uncanny resemblance. This one‘s a lot of fun. As is this one and this one.

A lot of Mike 2600’s comparisons rest on similarities in chord changes and sequences, a chord being a combination of usually three notes providing a bed for melody. Combinations of chords are a lot more limited than those of individual notes. There are a lot of similarities out there for Mike 2600 to choose from.

Mike 2600 could do one of these videos for “Stairway To Heaven” and Spirit’s “Taurus.” Maybe he has, but probably not — that resemblance is so well known it’s low-hanging fruit. Journalist Michael Skidmore thought he’d reach for that fruit when he filed a plagiarism suit on behalf of the late Spirit frontman Randy Wolfe. The two songs’ similarity elicited murmurings since the release of “Stairway To Heaven,” but the lawsuit didn’t appear until 2014.

Yes, the iconic opening riff of “Stairway To Heaven” is bizarrely similar to “Taurus.” But so are a lot of things. The same descending chromatic chords, as noted in defense arguments, are found in the music of JS Bach and Henry Purcell, and also the song “Chim Chim Cher-ee” from Mary Poppins (which puts Led Zeppelin in an unlikely context). There are only so many chords used in so many ways.

Last week, judges agreed and cleared Led Zeppelin of wrong-doing. But the ruling added another twist — the court’s dismissal of ‘the inverse ratio rule.’ What’s that, and why is it interesting? Let’s dig in.

Understand that plagiarism doesn’t have to be intentional to warrant legal punishment. If it’s believed that you heard a song anytime and anywhere, then the plaintiff can argue it’s possible that plagiarism occurred, whether you meant to do it or not. The more famous a song is the easier it is to make this argument. George Harrison encountered this notion when “My Sweet Lord” was accused of copying The Chiffon’s “He’s So Fine.” The latter was a massive hit in 1963, at the same time The Beatles were making no secret of their admiration for American R&B. So the jury was convinced that Harrison, at the very least, unconsciously copied that song.

This idea of access and sublimation came to its ridiculous conclusion in the recent case of Flame vs. Katy Perry. In my opinion, that case was already absurd, involving two somewhat similar and short melodic phrases representing modern pop’s zeitgeist. But Flame’s attorney argued that since his client’s song had 6 million online plays — spread out among platforms like YouTube and, yes, MySpace — it was undoubtedly, at some point, heard by the writers of Perry’s song. The jury ended up agreeing.

Taken further, it seems the internet demolished the limitations of access. It’s now presumed that everything is available — how are 6 million streams on YouTube any different than an emerging artist appearing on an obscure but influential Spotify playlist? Arguably the potential for accidental thievery is the same. Almost all music is available by tapping the screen of a smartphone, so the idea of access is passé. The court in Led Zeppelin’s case recognized this change in our culture, and the ‘inverse ratio rule’ — which gave preference to the more widely distributed song — is toast.

There are other ways that technology alters our concepts of plagiarism. Let’s consider how companies like Splice are affecting musical ownership. Splice is a market-place for sounds, where recording artists can download loops and phrases to use in their own songs. After paying a subscription fee, the user is given these sounds as ‘royalty-free’ sonic building blocks. That means an artist can use these bits in a commercial recording without royalties or attribution to Splice, and claim the rights to the song as her own. No one owns Splice’s sounds — they can be used simultaneously in any number of songs.

Of course, this model reached an inevitable outcome. A melodic loop from Splice was used in a song by — of all people — Justin Bieber. Within 24 hours of that song’s release, artist Asher Monroe accused Bieber of ripping off the instrumental hook from his song. But they both got the phrase from Splice. As did many other artists, including Korean hip-hop artist YUMDDA. According to The Verge, that leads to another 21st-century problem:

Because Monroe and YUMDDA’s songs have portions with the unaltered sample and nothing else, Shazam gets confused. The app sometimes identifies Monroe’s track as YUMDDA’s, and vice versa. But it has no trouble identifying Bieber’s song, likely because there are other percussive elements always layered on top of the sample.

And now here’s something else:

Damien Riehl — a lawyer, coder, and musician — and Noah Rubin pulled an impressive stunt. They wrote a program to generate every possible melodic combination of notes. The program then stored all 68.7 billion melodies to a hard drive. But rather than using up all the songs, as the Rolling Stone letter-writing musicologist feared, Damien and Noah put the contents of the hard drive in the public domain. All melodies are now free to use, they argued. From here forward, lawsuits for copyrighted note sequences are all frivolous.

Of course, Damien and Noah’s effort is meant to make a statement and probably won’t change anything. The Led Zeppelin ruling will have more effect on songwriters (as will the appeal-in-progress on the Katy Perry suit). But it makes an interesting point. And it helps highlight the limited nature (and mathematics) of notes, and how subconscious plagiarism could become an outdated concept now that we’re subconsciously consuming everything.

UPDATE: Soon after I wrote this post, Katy Perry and her co-writers won their appeal and the judge overturned the plagiarism ruling.

This post was adapted from Ringo Dreams of Lawn Care, a weekly newsletter loosely about music-making, music-listening, and how technology changes the culture around those things. Click here to check out the latest issue and subscribe.

Fail We May, Sail We Must: The Living Influence of Andrew Weatherall

February 24, 2020 · Leave a Comment

At the beginning of the week, I ran across The Perfumed Garden, a blog collecting recordings and playlists from episodes of John Peel’s celebrated long-running radio show. The tracklists are fascinating on their own. They serve as trapped-in-amber snapshots of what was musically ‘cool’ that particular week of that specific year. Also, the shows from the late ’70s and early ’80s inspired listeners who later formed more than a few beloved UK bands. John Peel was who they were listening to. This influence remains enormous, and it’s fun to examine these roots.

Where will we look in thirty years to find the musical zeitgeist of today? Is there anyone like John Peel, collecting and noting songs for enthusiasts to study thirty years from now? I imagine there are tastemakers across genres with a similar influence — not only in underground rock and dance, but also in hip hop, in Indian music, in jazz, and so on. But I fear they’re making streaming playlists — ephemeral lists of what’s moving the present culture, but inaccessible to those studying music’s past.

The day after I was thinking about all of this, the news came from everywhere that Andrew Weatherall died. I’m assuming most of my readers know of Weatherall and, like me, are saddened by this news. If you’d like a refresher of his remarkable career, read some of these moving memorials. (Each word at the end of that sentence is a link.)

Weatherall was an X’s X, where X could be several things: a producer’s producer, a DJ’s DJ, a remixer’s remixer, and so on. If one of those Xs was your trade, then chances are you looked up to Andrew Weatherall as one of the best in the discipline of X.

And I did think about Weatherall, the tastemaker’s tastemaker, while I was falling deeper in the John Peel rabbit hole. Weatherall was the first name that came to mind as Peel’s worthy successor. It’s not an original thought — upon Peel’s passing, there was a campaign to give Weatherall the historic Radio 1 slot. But as Weatherall told Dazed & Confused (recounted by Greg Wilson in his lovely remembrance): “The curmudgeon says I’d rather be the one Andrew Weatherall than the second John Peel.”

On Twitter, Joe Muggs requested that we don’t solely remember Weatherall as “the Screamadelica guy.” He unarguably was so much more — for example, the first track on this posthumous single, released yesterday, is stunning — but I’d like to focus on a remix Weatherall did for that Primal Scream album.

I first heard the ‘A Dub Symphony In Two Parts’ version of “Higher Than The Sun” when it came out in 1991. Primal Scream were not on my radar, so it probably came to me as a radio promo (I was a college radio music director and listened to everything). At the time I was dabbling in electronic music production with a few basic pieces of gear. I was mostly (badly) emulating beats and loops found on the instrumental mixes of hip hop 12″ s from the likes of Public Enemy, Black Sheep, Erik B. and Rakim …

In my world, this ‘Dub Symphony’ changed everything. It presented the remix as nearly untethered to the original, artistic branches sprouting from the seed of someone else’s creation. There was nothing else like it.

I was already obsessed with The Third Mind, a book and concept developed by Brion Gysin and William Burroughs that encouraged combining random, unconnected elements to summon undiscovered inspiration. I interpreted Weatherall’s style of remixing as a producer’s version of The Third Mind. Weatherall’s ‘Dub Symphony’ helped me — and many others — approach the act of remixing as almost mystical, a long-distance collaboration.

I don’t have a whole lot of original music to show for my own long and storied music career. But I’ve got a ton of remixes under my belt. I fell in love with remixing — fell in love hard — and most of the time, that’s all I did in my studio. For better or for worse, I can thank Andrew Weatherall for that.

A side note: when I’m consulting music-makers, I always mention ‘the punk rock dream.’ The phrase refers to how, as a punk rock kid, the prospect of self-releasing, worldwide distribution, and instant networking was like a dream to me. And now we’re living it. My colleagues are sick of hearing me spout this phrase which I thought I might have coined. But then I ran across this Weatherall quote in The Guardian as I read a bunch of his older interviews this week: “Here we are at the apex of the punk-rock dream, the democratisation of art, anyone can do it, and what a double-edged sword that’s turned out to be, has it not?” Did I somehow crib that from The Guv’nor, too? I suppose I shouldn’t be surprised.

Here’s a great selection of Andrew Weatherall’s productions combined with wise words and tales from the man himself. This mix serves as an excellent primer if you’d like one.

Here’s an archive of Andrew Weatherall DJ mixes. The number of sessions approaches 200.

Here’s an archive of his NTS radio show Music’s Not For Everyone. These programs verify Weatherall’s ear for amazing, up-and-coming artists in a variety of genres, and why he gets mentioned alongside John Peel as an influential tastemaker. His last show aired on January 30.

And, if you use Apple Music, here’s a playlist I compiled via various sources. It features Andrew Weatherall productions, remixes, and collaborations alongside tracks he played on his NTS radio show.

I’m not a fan of tattoos, but I like the ones on Andrew’s forearms. They read: Fail We May, Sail We Must.

Epiphany in Yekaterinburg

February 9, 2020 · 1 Comment

If there’s a thread running through what I write about on 8sided.blog, it’s how the rush of progress affects our culture, specifically as it pertains to art and creativity. It’s tempting to focus solely on the technology as it’s what’s driving most of this progress, but I’m fascinated by the big picture effect on human society and you and me. Most of the time, I’m thinking about music — how we listen to it, how we make it, and what value we put on it. The blog’s tagline is ‘thinking about music’s place in the 21st century’ and that about sums it up.

Last year I hit 50 years (I think I just passed the Brimley/Cocoon Line), and I often think about how I recorded my high school punk band on a 4-track cassette recorder, tape hiss my worst enemy. And then, in college, I cut reel-to-reel tape with razor blades to splice together extended dance remixes to play on the radio. I was a film student for a while, and I loved the monk-like discipline of cutting film in the same way. In about five years, technology erased all of these activities. I was part of the last generation to touch tape with a razor blade.

I often tell the story of obsessing over a magazine record review as a teenager and trying to find the album. I lived in Central Louisiana, and a lot of independent records were hard to come by. But I’d look for this record that I only read about for months and months and months. I finally found it on a family trip to Baton Rouge, in a hip record shop on the outskirts of LSU. So excited! And when I got home and put that record on, it sounded like the greatest thing I ever heard. That obsession, that hunt, that feeling — is that still a thing?

But lest you suspect I’m on a ‘let’s go back’ nostalgia trip, know that I would have traded all of that for the technology we have now. I’d trade my experiments with the 4-track cassette recorder and all its creativity-inspiring limitations and all the tape cutting. I would even trade that obsessive feeling of the record hunt that’s impossible for me to explain to anyone 15 years younger than me. I mean, I can’t even imagine what it’s like to be a teenage music fan with the world’s recordings available anytime — to read a review and thirty seconds later I’m listening.

There’s been a shift in my brain as I move from one era to the next, a shift that happens so fast that I can’t help but notice it. No boiling frogs here. And it’s still happening, and it’s happening to all of us, whether we’re 50 or 15 or 35 or 95. That’s what fascinates me — those moments when I realize the game has changed and the way I process art or approach creativity has, too. And it seems like this happens every month now.

A story: in early 2001 or thereabouts, I was somehow booked to DJ at a basement nightclub in Yekaterinburg, Russia. I had the expected American assumptions of a club night in Siberia (or the Urals — there’s some debate about that), that I’d be blowing minds with all of my hot-off-the-presses tunes that these isolated punters had never heard before.

I walk into the club and immediately hear the local DJ before me not only playing loads of tunes I had planned to play in my set but also playing fantastic music I had never heard before. I was stunned. We were three hours deep from Moscow by plane! How did the DJ find this music? I went into the DJ booth and noticed that he was playing off burned CDs marked with Cyrillic Sharpie scrawl.

I was witnessing digital music changing the world. Napster, Soulseek, and all the others leveled the playing field. Suddenly DJs everywhere had access to most of the same music as me, and it was time to step up my game. I remember standing in that DJ booth realizing the weight of this — music was suddenly ubiquitous, and fans in faraway cities you’ve never heard of can hear it, love it, and rock it out in their DJ sets. In the snap of a moment, my world seemed completely different.

This post was adapted from the debut episode of my email newsletter Ringo Dreams of Lawn Care. Click here to check out the full issue and subscribe.