Dirty "Derivation": The Many Tones of Musical Influence vs. Plagiarism

 

The Muse of Music, by Adolf Ehrhardt

Let’s take a break from speeches and the thunderclouds of inspiration. Care to join me on the magic carpet ride of music?

The Oxford dictionary speculates that the English language has at least 250,000 distinct words to tinker with and arrange as we please. The language of music is more or less restricted, depending on how you look at it. Take guitar chords, for example. According to Shawn Persinger, author of Digging Deeper: How Many Chords Are There? for Premier Guitar Magazine, writes that there are 2,341 “total playable guitar chords,” and musicians have only plucked the surface of possibilities: “Of all the music in the world, 99 percent is derived from essentially the same harmonic theory and half dozen scales.”

Cases of musical plagiarism are nothing new. Jeff Miers writes in his Buffalo News article 10 times you said, ‘Where have I heard that song before?’ Feelings of resentment, inequality and discredit began in the 1950s when blues and “primal rock-n-roll” recordings, many produced by African Americans and overlooked in their own country, arrived overseas and helped to spawn the “British Invasion.” The Beatles became 1 of the 2 bands most involved in plagiarism lawsuits, the other being Led Zeppelin. Miers postulates it is probably also no coincidence that these are the 2 bestselling musical artists of all time, in that order.

A lawsuit was filed against Led Zeppelin by members of the band Spirit in 2014 over the opening chords of the iconic song “Stairway to Heaven.” Spirit and Led Zeppelin toured together in 1968, the year Spirit released the song “Taurus” which they claim was plaigiarised by Led, who wrote their hit 2 years later. While profits were of course in question, Spirit’s lawyer claimed in a 2014 People Magazine article that they were fighting for inclusion of “a writing credit” for Randy California of Spirit for “Stairway to Heaven” and to block the reissue of the album it is featured on, Led Zeppelin IV.

Testifying in court during the last week of June, Led Zeppelin singer Robert Plant, now 67, recalled the evening that he and Jimmy Page collaborated in the creation of “Stairway to Heaven.”

“That particular evening, I sat with Jimmy by the fire, and I had this first couplet that fit with what he was playing,” Plant said according to this AFP article. “I was really trying to bring the remote, pastoral Britain…the old, almost unspoken Celtic influences into the piece.”

The ruling was in Led Zeppelin’s favor, although an appeal is now pending. Plant acknowledged what many artists believe; inspiration, influence, and even the maligned term “derivation” are all part of the creative process, not plagiaristic.

“In the nest of rock and rhythm and blues, there has always been cross-pollination,” Plant said according to this article by Jess Denham in the Independent.

Brilliant artists keep the essence of an inspiration and influence until it’s just a whispered hint, nod, or echoing memory, and these slightest resemblances bring special joy when they are audibly recognized. Many listeners never pick up on the innuendos, but when you do, you feel somehow part of the process. Very often, the related influence has a totally different tone, mood and message than the current song. Take, for example, the late great Kurt Cobain poking fun at the roots of his hit “Smells Like Teen Spirit” in this 1992 Rolling Stone feature. Two songs could not be more different…or so we thought.
 

 

Just this past Friday, I was listening to my latest favorite song, Kurt Vile’s “Pretty Pimpin.’” I’m not musically inclined, but I am pretty particular about my musical tastes. I’ve listened to this song at least 20 times, and Friday an odd fact knocked me in the head out of nowhere. This guitar riff sounds kinda like “Sweet Home Alabama” (by Lynyrd Skynyrd), I thought. I’ve never been a fan of that song.

Here’s what Vile said about that song’s influence on “Pretty Pimpin’” in a StyleWeekly interview with Brent Baldwin:

 “… The single from this new album, “Pretty Pimpin,” kind of has a reverse “Sweet Home Alabama” thing, but more dark. I knew it sounded like [Southern rock] but I saw on YouTube people are saying I’m ripping off the Outlaws. I didn’t steal it from anything. There’s only so many notes, they’ve all been used millions of times [laughs]. …”

 

"That particular evening, I sat with Jimmy by the fire, and I had this first couplet that fit with what he was playing,""That particular evening, I sat with Jimmy by the fire, and I had this first couplet that fit with what he was playing,""That particular evening, I sat with Jimmy by the fire, and I had this first couplet that fit with what he was playing,"
For an opinionated discussion on how academic plagiarism relates to the Led Zeppelin case, see this article by Clark Baker in the Chronicle of Higher Education

 

Inspiration and Attribution

Is rehashing and derivation of creative work plagiarism?

 

“Old words in the service of a new idea aren’t the problem. What inhibits creativity is new words in the service of an old idea.”
--Malcolm Gladwell, Something Borrowed: Should a charge of plagiarism ruin your life”

Caesar van Everdingen, Four Muses
Wikimedia Commons

   Have you ever known a co-worker, friend or other associate who seems to make a habit of consuming facts, research, written content, or an eloquently spoken ideology, and then shamelessly regurgitating it as his or her own?

They don’t seem to be intentionally claiming others work and results as their own; instead, they seem to have lost sight of where they heard these memorable turns of phrase, or read those statistics, disregarding their authorship and instead proudly spouting what they see as true and correct “common knowledge.” Sometimes it seems that we are so moved and inspired by the arrangement of someone else’s words, we assimilate it so closely with our own emotions and thought process, that we find it difficult to separate that arrangement from the resultant idea we agree with so strongly.

Surely, we all do this to some extent, as we hear concepts repeated, some throughout our entire lives. This type of general knowledge acquisition obviously makes attribution very murky, and it also makes serious arguments, debates or journalistic attempts foundation-less. Here we see the importance of getting our facts straight, and knowing where our viewpoints and opinions come from.

When in Greece... 

The Greeks and Romans were already grappling with sources of inspiration and how layers upon layers of gathered knowledge, swept into our brains as by a great whisk broom swishing through the clouds above us, challenging our senses and emotions, settle within us to make memories.

In Greek and Roman mythology, there are nine muses, embodied by women, who excite the senses and sensibilities of artist, poets, and scientists to create works of art. N.S. Gill, Ancient/Classical History Expert, quotes a source who quotes a passage from Hesiod’s Theogony, relating that the nine muses were a product of nine evening trysts between Zeus and Mnemosyne (Memory), and her nine daughters were born after a full year had passed, and each season had run its course…and they were “all of one mind”

Felix-Nicolas Frillie, The Kiss of the Muse,
Wikimedia Commons

For the infinitesimally confounding subject of inspiration vs. derivation vs. plagiarism and all the wispy cumulous and dark strata in between, I will refer to several New Yorker articles who manage to creatively make some sense of the madness.

First, Robert Mankoff’s 2013 article We Are All Plagiarists touches upon another element of the strange, instantaneous presentation of others work that only the digital age can bring us, through search engines; see his screen grabs of just what googling “we are all plagiarists” brings up…or try it yourself.

In the same article, Mankoff shows two cartoons submitted to the magazine, one published in 1987. The issue his assistant faces nearly every week, Mankoff says, is comparing new submissions to every cartoon every printed, and deciding if any are “too close for comfort,” meaning too similar in theme. Considering the volume of little anecdotal cartoons the New Yorker includes in each issue, the likelihood of inspiration here, nearly thirty years distant, is unlikely, but Mankoff still says no go.

In another brilliant article by Malcolm Gladwell in 2004 entitled Something Borrowed: Should a charge of plagiarism ruin your life?, Gladwell navigates the realization that an article of his has been “plagiarized” and relied upon in part to create a successful Broadway play, all without his initial knowledge. Gladwell’s journey through this maze of strange emotions and possible reactions is captivating, even as he comes face to face with the person who is either his nemesis or flatterer. Gladwell is obviously no stranger to the miasma of influences we all accumulate:

“And, by the time ideas pass into their third and fourth lives, we lose track of where they came from, and we lose control of where they are going.”

Seated Muse, from the Palatine Stadium, Wikimedia Commons

 In the end, Gladwell leaves us with the sense that the golden rule of anti-plagiarism is tarnished. Maybe he’s leaning towards the Muses when he says:

“The final dishonesty of the plagiarism fundamentalists is to encourage us to pretend that these chains of influence and evolution do not exist, and that a writer’s words have a virgin birth and an eternal life. I suppose that I could get upset about what happened to my words. I could also simply acknowledge that I had a good, long ride with that line—and let it go.”

Edmond Aman-Jean, Hesiod Listening to the Inspiration of the Muse,

Wikimedia Commons

It’s All Trumped Up

 

 

This blog was spurred by the controversy this week surrounding potential incumbent first lady, Melania Trump’s, seemingly pick-pocketed speech given during the Republican National Convention. The true penmanship of the speech Melania recited, as prepared by/for Melania, regardless of whether sections of the speech existed in time and space before Melania uttered it, was even briefly under question. On NBC’s Today show, Melania claimed to have written the speech “…with as little help as possible.”  

But, turns out, someone did say some pretty similar things…the current first lady, Michelle Obama, of all public speakers, and during the 2008 Democratic Convention no less.

I’ve reposted the transcript lines under scrutiny, originally published in a Gawker article:

Obama: Barack and I were raised with so many of the same values...

Trump: My parents impressed on me the values...


Obama: ...like: you work hard for what you want in life...

Trump: ...that you work hard for what you want in life.


Obama: ...that your word is your bond, that you do what you say you’re gonna do...

Trump: ...that your word is your bond, and you do what you say...


Obama: ...that you treat people with dignity and respect...

Trump: ...that you treat people with respect...


Obama: ...because we want our children and all children in this nation to know...

Trump: ...because we want our children in this nation to know...


Obama: ...the only limits on the height of your achievements is the reach of your dreams...

Trump: ...that the only limit to your achievements is the strength of your dreams...


Obama: ...and your willingness to work hard for them.

Trump: ...and your willingness to work for them.

The sad irony in lifting these lines is that the heavy lifter is acting in direct moral opposition to what these words, strung together to form the foundation of ideals, are telling us about how to conduct ourselves as upstanding citizens. A simple rehashing, rearranging, or elimination of adjectives belies the words and concepts being spoken – to work hard, to act with dignity and respect, the biggest irony of all…

“that your word is your bond, and you do what you say…”

Was this just an easy way out, emulating a strong, independent first lady with a commanding and “real” stage presence?

Meredith McIver, who described herself as “an in-house staff writer at the Trump Organization” and “also a longtime friend and admirer of the Trump family” in a statement dated July 20^th, has claimed responsibility for the oversights that resulted in direct quotes from Michelle Obama’s speech making it into Melania’s final draft. She apologized for not double checking the exact wording of the 2008 Democratic Convention speech, and for the “chaos” caused for Melania, the entire Trump family, and Michelle Obama.

McIver was not fired by the Donald, even after offering her resignation. She writes in her statement that Mr. Trump’s response was that “people make innocent mistakes and that we learn and grow from these experiences.”

A recent New York Times article describes McIver as a retired professional ballet dancer and English major who graduated magna cum laude from the University of Utah in 1976. After a tumultuous career in dance, McIver went to work with her sister, who was the art director of an advertising firm. It was through this occupation that McIver came to know Trump, and later co-authored two books on the man, “How to Get Rich” and “Trump: Think Like a Billionaire.”

Despite having a dearth of experience writing about the Trump empire, speculation as to why she was chosen as speech writer has swirled, bordering on condescension, such as this jab from Vanity Fair:

“It seems almost unbelievable that the Trumps would put what would be one of the most important, closely watched moments of the convention in the hands of a ballerina who read books in college, even knowing how much trust Trump puts in his ghostwriters. Even if this theory is accepted, that McIver was inspired by the First Lady’s speech and threw in a few similar lines, it is unorthodox, even negligent that the campaign did not vet each word, ensuring that they were McIver’s and McIver’s alone.”

So, what to make of it all. Was Melania, suddenly thrust into the public eye and bearing the burden of a pressing and momentous, encompassing speech, grasping at straws? Confiding in a trusted family friend? Genuinely inspired by someone else’s words yet not able to generate original context and content via that inspiration?

And what of McIver? Was this speech a project hoisted upon her, maybe a little last minute? Considering there is no evidence of her prior speech writing experience, did this new medium overwhelm her sense of proper format, organization, and good judgement?

Only those within this inner circle will fully understand what prompted these clipped phrases that will always haunt them and their name, no matter how distantly.

In a future post, we’ll examine how to truly be “inspired” by the art and work of others to create genuine and thoughtful content that you can call your own.

Clotheslining Cancer

Dan Kornberg knows the power of conditioning both body and mind. As a commanding high school athlete, he looked forward to new challenges at the University of Pittsburgh, especially those found on the wrestling mat. Then, just as his sophomore year was approaching, cancer crept in. Through chemotherapy treatments and self-disciplined workouts, Kornberg, now entering his senior year, leaves the doubters and the disease behind.

 

 

What annoys a young college athlete, strong and adaptable in both mind and body, more than anything?

Exams? Term papers? Losing a match to a tough opponent?

Dan Kornberg, now a senior at the University of Pittsburgh and a force to be reckoned with on the men’s wrestling team, has struggled with all of the usual adjustments to new routines and challenges that the majority of young college students…well, wrestle with. But just as Kornberg was settling into his sophomore year, after spending his freshman year trying to figure out just how to balance rigorous workouts and practices with a full course load, the biggest setback yet occurred.

Kornberg was diagnosed with Ewing’s sarcoma, a rare pediatric cancer of the bones. But for Kornberg, it merely meant it was time to work a little harder – again.

 Always Dreaming Bigger

At Kornberg’s high school alma mater, Edgemont, he was a well-rounded athlete involved in lacrosse, football, track and field – but his greatest passion has continued to be wrestling. By the eighth grade, Kornberg had such an imposing frame for his age that he was already competing at the varsity level. As senior captain, he had his sights set on a Section I Division 2 championship run. But it was not to be.

Despite his five years of competitive training at Edgemont, Kornberg entered the Pitt program as a bottom-of-the-barrel newbie, facing off against varied All American talent, wrestlers with advanced technique. His new coaches, Jason Peters and Matt Wilps, saw much room for improvement early on in regards to Kornberg’s overall athleticism and wrestling skill.

“I think that Dan still has a long way to go if he really wants to compete at a high level of Division I, but he’s gotten better and that’s a challenge for us to keep improving every day,” Peters said, shortly after Kornberg’s diagnosis. “Sometimes the work you put in doesn’t reflect in the results, but if you want to work really hard like he has, good things will happen for you.”

 With a fighting spirit and dogged determination, Kornberg was undeterred, even after he strained his knee during practice in October 2013. He finished out the practice, basically un-phased by the injury at that moment:

“It wasn’t unbearable. It was more of an annoyance… I had the mentality that if this happens in a match unless I can’t walk I have to fight through it.”

That was exactly the mentality Kornberg needed most when an MRI, surgical biopsy and chest CT scan were ordered by UPMC Shadyside Hospital’s Dr. Richard McGough, and cancer was the eventual diagnosis. Instead of reeling, Kornberg and his parents, Elaine and Bob (who are both physicians themselves), were grateful that a minor meniscus tear identified the coincidentally adjacent malignant tumor before it grew and spread.

Through rounds of chemotherapy before and after surgery, Kornberg had to accept that both his academic and athletic careers were on hold – temporarily. Support from the Pitt wrestling team was paramount to keeping his hopes high, as he took a blanket signed by the entire team to each treatment.

Assistant coach Wilps surmised that Kornberg’s can-do attitude ultimately got him through.

“He sort of handles it just like he handles the sprints,” Wilps said. During his freshman year, “he had a tough time with the sprints and he would just keep at it.” Kornberg exercised self-discipline that summer, going for solo runs three times a week, while other wrestlers focused more on bulking up. Kornberg wanted to be sure he was always moving forward, on the right path and at a pace that would ensure he was not left behind.

“I want to show people that you can function, you can do well and you can’t let it run your life. I approach it as more of an annoyance,” Kornberg said.

 

Don’t Call it a Comeback

Kornberg managed to finish projects and course work on time during treatment, even meeting the requirements for his induction to the National Honor Society of leadership and success.

 Coach Peters had three main goals for Kornberg following his diagnosis: get healthy, return to school, and graduate from Pitt.

One, check.

Kornberg’s latest diagnostic testing found no traces of cancer in his body.

Two, check.

Returning to Pitt a mere month after wrapping up treatment in September 2014, Kornberg has more than compensated for his short time off -- he is only about one semester behind schedule.

Three, almost checked.

He is now on track to graduate with a B.A. in Political Science with minors in History and Legal Studies. He maintains a 3.54 GPA, and plans to attend law school after graduation.

 But, what about wrestling, the passion that gave Kornberg the drive to push through it all?

Kornberg is back and active on the team, in the heavyweight division once more at 6’2” and 245 lbs. He even participates in Olympic weight lifts.

 

Getting a Hold On the Future

Above all, Kornberg is sharing his experiences and unfailing optimism with others. Now an assistant wrestling coach with the Pittsburgh Wrestling Club, Kornberg is fostering the passion of young wrestlers, while offering them foundational lessons about life in general.

“I enjoy being able to help coach high-school and youth kids focusing in on not only developing them as wrestlers, but helping them to mature as young adults outside of the sport as well. I attempt to maintain a positive atmosphere for the kids allowing them to understand how to properly develop as a person and pass on my knowledge and insight.”

Kornberg also extends his compassion for the younger generation as a volunteer with child-life services for oncology patients at UPMC Children’s Hospital. Kornberg wants to instill “the importance of having a positive mindset in life.”

There will be plenty more “annoyances” throughout Kornberg’s life. But for now, after having cancer pinned and down for the count, it’s time to look forward to hard work at the fun stuff, again.

 

 

 

 

 

Plagiarism -- the most taboo word, describing the most heinous action a writing student will ever know.

It's understood to be the Cardinal Sin of English students. At the university level, it is usually grounds for suspension if not expulsion.

According to the Oxford dictionary, the term originated in the early 17th century, and its Latin roots were already carrying precious connotations. Plagiarius means "kidnapper," and was first used by the Latin poet Martial (ad 40-c.102) to call-out a "literary thief" in one of his poems.

Even in those olden days, concern over plagiarism was not always about the inherent value of hard-thought intellectual property. Monetary profits can accompany the creative process, and when they do, the creators stake their claims. Nowadays, we understand this element of creative ownership is often protected under copyright laws.

In an interesting twist, according to the website Plagiarism Today, Martial was actually willing to hand over ownership of his wordy work...for the right price:

"Fame has it that you, Fidentinus, recite my books to the crowd as if none other than your own.

If you’re willing that they be called mine, I’ll send you the poems for free.

If you want them to be called yours, buy this one, so that they won’t be mine."

 

Was Martial among the first "sell-outs?' Or, a shrewd businessman? These questions continue to be incredibly relevant today in any field dealing with "intellectual property."

This blog will explore those precocious pieces of writing (and maybe even that very vaporous area of "ideas")  that have somehow been stolen from their proper parentage, taken boldly word-for-word in the light of day, or pilfered as a word here, a word there, maybe just a rhythm or a tune, underhandedly.

This blog is interested in understanding the hazy gray areas of creative ownership in our hyper-accessible, life hack ready and quick fix world. Hopefully, it will help us writers, whether students or seasoned pros, feel more confident in the generation and publication of work we can truly call our own.

We will delve into the motivations behind blatant plagiarism, and the pitfalls that bring many an unorganized and unwary writer down to plagiarist levels, unwittingly.

So before you shuffle your manuscripts and say, what's mine is mine, read on.

Image from:http://youthvoices.net/discussion/why-academic-integrity-ignored-students-who-plagiarize caption