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by ericdano
by ericdano
Politically Correct Musicals
September 4, 2005 in Articles
With all the bad stuff going on in the world, here is a little humor.
You may know that Rosie O’Donnell suggested that they change the
lyrics “I can shoot a partridge with a single cartridge” in the
revival of “Annie Get Your Gun”, to make them less violent. This
inspired writer Susan Brady Konig to suggest even more politically
correct changes in her article “A Rosie View Of Broadway Classics”:
WEST SIDE STORY: The Sharks and the Jets rumble. They’re
subsequently arrested by Officer Krupke and sentenced to a low-
security juvenile rehabilitation facility, where they are all
diagnosed with attention-deficit disorder and put on Ritalin and Prozac.
MY FAIR LADY: Professor Higgins attempts to transform street
urchin Eliza Doolittle into a society maiden. With the help of an
ACLU lawyer, Doolittle sues Higgins for violating her constitutional
right to live on the street. Perplexed, Higgins sings the gender-
neutral ‘Why Can’t A Person Be More Like A Person?”
GYPSY: Mama Rose pushes her daughter Gypsy Rose Lee into
vaudeville. Gypsy grows up and becomes a burlesque stripper. Show
ends abruptly, shortly into the second act, as all the strip clubs
have been shut down by the mayor. Gypsy takes a job as a clerk in the
Disney store on 42nd Street.
PORGY AND BESS: Songs include “Bess, You Is My Significant Other
Now” and “It Ain’t Necessarily So” (with all biblical references
deleted).
HARVEY: Everywhere he goes, Elwood C. Dobbs sees a giant,
invisible rabbit. He undergoes therapy, is diagnosed with attention-
deficit disorder and is put on Ritalin and Prozac.
THE KING AND I: The king of Siam is unhappy with the plummeting
reading scores of his many children since the arrival of Anna,
teacher from the West. He tries to fire her. Unfortunately, she is
protected by a strong union and there’s nothing he can do about it.
She whistles a happy tune.
PETER PAN: Never-never land is forced to admit Lost Girls as
well as Lost Boys. Tiger Lily sues the government to recover tribal
lands and opens a casino. Mr. and Mrs. Darling are visited by Family
Services after leaving their children in the care of a dog.
WHO’S AFRAID OF VIRGINIA WOOLF?: George and Martha join a 12-
step recovery program and quit drinking. They calmly discuss their
relationship ‘issues.” Some colleagues stop by for a pleasant visit.
(Ok so not a Musical, yet….)
THE SOUND OF MUSIC: All references to Catholicism deleted.
Sister Maria is now a member of an order of the Sisters of the Non-
Denominational Multicultural Non-Judgmental ‘Church” of What’s
Happening Now.
OLIVER! The conniving but lovable Fagin is arrested on several
counts of contributing to the delinquency of a minor. He agrees to a
plea bargain and, with the help of a court-appointed therapist, is
diagnosed with attention-deficit disorder and put on Ritalin and Prozac.
And, of course: ANNIE GET YOUR GUN gets properly registered,
after submitting to the required background checks and mandatory five-
day waiting period.
by ericdano
The “Brown” Note
February 21, 2005 in Articles
I first saw this on an episode of Southpark where, if I remember correctly, Kenny G was the star. However, one of my favorite shows MythBusters did a more scientific exploration of it. Very well done I thought.
The “brown note” in case you did not know, is supposedly a note or frequency that will cause one to let go in the nether-region.
So, no, Kenny G was not the culprit this time…..
by ericdano
iPod vs. Cassette Tape
August 15, 2004 in Articles
I stumbled across this tonight. Very funny. As an iPod owner, I found this enlightening.I present you with iPod vs. Cassette Tape
by ericdano
Hamster Powered MIDI
February 19, 2004 in Articles
This is from a Slashdot article:
"I found this wonderful page on the net. The project was initially fueled by the desire to explore the MIDI protocol. It was decided that this would be accomplished by building a MIDI device, and an intelligent hamster controlled MIDI sequencer was designed. Each voice was controlled by two hamsters: one that was responsible for adjusting the rhythmic qualities of the melody and another that modified the note sequence. With all of these elements in combination, an output was produced with very musical qualities. This is like Fritz & His Performing Hamsters with a geek twist. Video and music is provided on the webpage."
by ericdano
Automatic Guitar Tuning
February 19, 2004 in Articles
With the TransPerformance Performer you push a button to activate a mechanical re-tensioning of the strings to any of a few hundred tunings, ‘accurate to within 2 cents over the entire tuning range’, in a couple of seconds. They can even refit your existing guitar. This should be a requirement for all guitar players 
. Seems pianos already have this as well.
Next up, automatic Oboe tuning. I think it consists of a gun and a bullet
by ericdano
Cult Of Guido
October 12, 2003 in Articles
The Cult Of Guido is taking off!!! Two cars have been spotted and photographed with “I’m Not As Good As Guido” stickers on them. If you see a “I’m Not As Good As Guido” sticker, send me a picture. They seem to be cropping up more and more
There is a Six Degrees of Kevin Bacon cult/game. I did a little check with the oracle about Kevin and Guido. Although Guido Fazio and Kevin Bacon are not a match, Guido Fazzio and Kevin Bacon are. This is scary!
Next up are T-Shirts and another cult…..”Got Mishkit?”
Update: 10/12 20:51 GMT by E :Seems Tom “T” Moran and Kevin are within six degrees. And so are Scott Thompson and Kevin. And perhaps Guy Grimstead’s real name is Glyn Grimstead?
by ericdano
Exposing the Happy Birthday story
June 29, 2003 in Articles
J. Byron writes “ Exposing the Happy Birthday story:
An editorial by J. Byron, May 2003, rev. June 2003
In this article, I attempt to answer three questions: 1 - What is that song Good Morning to All, and how does it relate to Happy Birthday to You? 2 - Is the melody to Happy Birthday to You public domain? 3 - Are the lyrics to Happy Birthday to You also public domain? There are many references to Happy Birthday on the Web. Most warn you of the copyright claim on it, and that the current owners rabidly defend it. Many of these "editorials" do not tell you about the song Good Morning to All - and the few that do, don't tell you about its undeniable legal status. Is this deliberate, or just ignorance of the facts? I don't know. Two such examples are an article at Attaché Magazine and the commonly cited article at snopes.com. In addition, some articles may unintentionally present inaccurate information. An article posted at lawyers.com incorrectly states that Good Morning to All was written in 1895 but unpublished. That assertion is untrue, and makes an important legal difference.“
Interesting take on copyright and other issues……
There is a 1935 copyright registration for Happy Birthday, but the melody Good Morning to All was formally published in 1893 as part of a collection, registered in October 1893, and is public domain by U. S. statute. (you just can't use the "Happy Birthday" lyrics in public without paying) However, one site listed in this editorial claims possession of some early publications that nullify the copyright to even the lyrics.
Good Morning to All [a.k.a. the birthday melody] included in:
Song Stories for the Kindergarten, pub. 1893
Song Stories for the Kindergarten, revised ed., pub. 1896
[and apparently other pre-1923 editions]
Words: Patty Hill (-1946) Music: Mildred Hill (-1916)
Good morning to you,
Good morning to you,
Good morning, dear children,
Good morning to all.
The song Good Morning to All - from which Happy Birthday was allegedly derived - is free to use (words and music) by U. S. federal statute. (Published before 1923, and furthermore published before 1909) Take a look at Lolly Gasaway's PD chart, or Cornell University's expanded chart. That version of the birthday melody may suffice for some people - instrumentalists in particular. Also note that titles cannot be protected by copyright, and no unique or proper names are involved. Naming an instrumental CD track Good Morning to All a.k.a. Happy Birthday to You should be legal. (The law of other countries might affect the song's status outside the U. S.)
Allegedly, after the publication of Good Morning to All in the Hill's songbook Song Stories for the Kindergarten, Robert Coleman, and others, published the "birthday" lyrics with the Good Morning to All melody. In the 1930's, the "Happy Birthday" lyrics combined with the Hill's published melody showed up on stage and in singing telegrams. The Hill family allegedly won a 1934 lawsuit for infringement. In 1935 the Hill family registered the "Happy Birthday" copyright mentioned endlessly on the Web. (Which does not affect today's public domain status of Good Morning to All.) Two sources for Good Morning to All sheet music are PD Info (a small studio, that also sells sheet music reprints) and NetStoreUSA which offers Good Morning to All as part of a songbook. In addition, Google or Altavista might list other sources, or local music dealers might be able to order a copy. Mainely A Cappella currently boasts an mp3 sample of Good Morning to All as part of their On the Good Ship Lollipop CD. (There is also a very simple midi example on PD Info's "G" page.)
Is the melody to Good Morning to All the same as the Happy Birthday melody in a legal sense? Except for the splitting of the first note in the melody Good Morning to All to accommodate the two syllables in the word hap-py, musically Happy Birthday and Good Morning to All are identical. Precedence (regarding works derived from public domain material, and cases comparing two similar musical works) seems to suggest that the melody as used in "Happy Birthday" would not merit additional legal protection for one split note. (As separated from the lyrics themselves.) A contact I made via the Web, claimed that someone at Warner-Chappell acknowledged this much to him by phone. It would be the reader's own responsibility to verify that.
Strip away the public domain material from the Happy Birthday melody and what do you have? One note - actually half a note. (Mail in your copyright registration for the note f# for example, and see what you get back Does the split note transform the piece in some substantially creative way? Not in my view. The split note is a natural consequence of the lyric change, and that split note is not original in that there are many lyrics that would result in the same splits. It is my view that you cannot copyright the metric structure of a lyric (especially within a single measure) anymore than you can copyright a common chord progression. (Set both versions of the melody in tremelo and they look identical.) If in doubt, just use a dotted eighth note/sixteenth note pair, rather than two eighth notes. The Classical Archives has a midi of Happy Birthday, with variations, on their Encores page. Search for more midi examples using MusicRobot.
As asserted in this article, many people are unaware that the public domain status in the U. S. of the melody from Good Morning to All is not in question. Many of those who do know about the public domain status of Good Morning to All nevertheless believe that splitting the first note of the melody as was done for Happy Birthday would merit protection and attract Warner's attention. My limited understanding of the law suggests otherwise, and if my Web contact was correct, the copyright owner acknowledges the melody to Happy Birthday as public domain.
Whether or not changing the words "Good Morning" to "Happy Birthday" should be protected by copyright is a different matter. Although I could be uninformed, I do not know of any case brought by Warner in regard to Happy Birthday to You. They have however used cease and desist letters. An interesting case involving Warner, not related to Happy Birthday is Sanga Music v. EMI Blackwood Music. However, adding an original 8-line verse to a pre-existing song is more substantial than changing 2 words of a song! Of course, anyone is free to write their own lyrics to the music of Good Morning to All. Here is one example written by myself:
Mer-ry Christ-mas to You!
Mer-ry Christ-mas to You!
Mer-ry Christ-mas Dear Fri-ends,
Mer-ry Christ-mas to All.
Searching further, I found Katzmarek Publishing, a music publisher specializing in public domain music who claims that he and others have publications of "Happy Birthday" - with the lyrics, that are not covered by the 1935 copyright. (Of course there is no public comment by Warner on this.) Mr. Katzmarek told me via email that he believes Warner knows that their copyright on Happy Birthday to You could get ruled invalid in a court of law, and therefore the documentation he sells acts as sort of a legal shield.
He states on his Web page: "Happy Birthday Document (proving that it is public domain.) A 1935 copyright is invalid according to us, double your money back if we are wrong. (Many people have been ripped off by this dilemma)"
The Katzmarek reprints indicate that the words "Good Morning" were not substituted with the words "Happy Birthday" by the authors of Good Morning to All, they were substituted by other people. (Additional alternative substitutions were also published.) As I previously stated, except for the splitting of the first note in the melody Good Morning to All to accommodate the two syllables in the word hap-py, musically Happy Birthday and Good Morning to All are identical.
Starting in the 1920's, Robert Coleman published the "Happy Birthday" variant in compilations of his own. One such example that includes Happy Birthday to You is: The American Hymnal, Robert H. Coleman, 1933. A second example NOT by Coleman is: Children's Praise and Worship, Gospel Trumpet Company, 1928. [Children's Praise And Worship ed Andrew Byers, Bessie L Byrum & Anna E Koglin, registered 7Apr28, #A1068883, renewed 7Dec55, #R160405, Gospel Trumpet Co (PWH)] Several of Coleman's publications are archived at Bob Jones University and Southwestern Baptist. In addition, the Library of Congress might also have his publications archived.
It is Mr. Katzmarek's belief that because the "Happy Birthday" variant was published in these songbooks without copyright notice (and no author was stated) that it [any original authorship] became public domain upon publication under the 1909 copyright law. The 1909 Copyright Act required that a proper copyright notice be affixed to any published copies, and also required registration of the material. (Reportedly, some legal experts and producers agree, but Warner [the copyright holder] apparently disagrees.) It is curious that Warner doesn't challenge Katzmarek regarding his claims. A more recent case often cited is Bell v. Combined Registry Co., 536 F.2d 164 (7th Cir. 5/14/1976), cert. denied 429 U.S. 1001, 97 S.Ct. 530, 50 L.Ed.2d. 612 (December 6, 1976) although it deals with different issues than presented in the Happy Birthday situation.
An interesting earlier songbook noted by Mr. Katzmarek is: [the] Golden Book of Favorite Songs, Chicago, 1915. It includes the song Good Morning to All printed with the alternate title: "Happy Birthday to You" - however the "Happy Birthday" lyrics are not actually printed along the staff. (There could be even earlier publications of the lyrics in some library.)
In the 1930's, the "Happy Birthday" lyrics combined with the Hill's published melody showed up on stage and in singing telegrams. The Hill family allegedly won the 1934 lawsuit resulting in the 1935 copyright mentioned endlessly on the Web: "Happy Birthday to You was copyrighted in 1935 and renewed in 1963. The song was apparently written in 1893, but first copyrighted in 1935 after a lawsuit (reported in the New York Times of August 15, 1934, p.19 col. 6)" The federal statutes and one court's 1934 opinion seem to present a conflict in determining whether or not Happy Birthday to You is public domain:
The original music to Happy Birthday to You was published as Good Morning to All in 1893 and is securely public domain. The Hill sisters are credited with authoring Good Morning to All. However, according to The Book of World Famous Music by James Fuld, the 1858 song Happy Greetings to All is very similar to the Hill's song. Also in 1858, a similar tune Good Night to You All was published. Therefore, Good Morning to All might not have been a completely original song even in 1893 - which would be consistent with folk music. Other [unknown] people adapted the Happy Birthday lyrics to the song, a few publishers included it in their compilations (songbooks) and others started using it in plays and singing telegrams, while Good Morning to All was still under copyright protection. The song became popular. The Hill family sued for infringement and won. The next year, a copyright registration was filed for the Happy Birthday version of the song. That copyright is now owned by Warner-Chappell/Summy-Birchard. However, just because a copyright is registered doesn't mean it's valid. A copyright registration is only prima facia evidence. Just because someone threatens to sue doesn't mean they would win. One lower court's 1934 ruling couldn't be binding on the whole country, much less the world.
Under the U. S. law of 1909, the effective date of copyright is the date of first publication. The U. S. Copyright Office states: "The copyright in the work of authorship immediately becomes the property of the author who created the work. [The Hills did not create the Happy Birthday to You version.] Only the author or those deriving their rights through the author can rightfully claim copyright." There is proof that the song was published as Happy Birthday to You at least by 1915, which is prior to the public domain mark at 1923. Good Morning to All was not public domain in 1915, but it is now. Also, according to the 1909 Copyright Act, publication without notice forfeited the copyright for the publications in the 1920's. A copyright registration dated 20 years after publication is not valid under the 1909 Copyright Act. That would seem to indicate that the whole song is now in the public domain.
In summary and in answer to my three questions asked in this article, Good Morning to All is public domain and free to use, even for commercial use. The Happy Birthday to You melody is probably the same as the Good Morning to All melody in a legal sense. Happy Birthday to You (with the lyrics) might be public domain.
My own comments do not constitute legal advice in any way. I am not a lawyer. This is the result of my own personal study. I accept no liability resulting from the use or misuse of my article. This is not an endorsement of any link(s) in this editorial. For more information on what material is public domain in the United States, refer to Lolly Gasaway's PD chart. Read the copyright basics at the U. S. Copyright Office's Website, and freely access recent case law at Findlaw.com. The Nolo book The Public Domain is an informative resource, written by an attorney. Before using any tune commercially, it is best to check with a lawyer, or research group such as Public Domain Report or Music Reports, which may or may not agree with the opinions in this article.
“
by ericdano
Jumbo Java Sound Required
March 14, 2003 in Articles
I found this in alt.music.saxophone. It’s funny! It is in reference to this guy ordering overseas a mouthpiece from the Woodwind/Brasswind and not getting it in time.
sopranoplayer@hotmail.com wrote in message
news:4ccd93fc.0303122123.513f1ae8@posting.google.com...
I played two gigs today that would require the sound of the Jumbo Java, but I still haven't receive the mouthpiece so I was stuck with a Meyer, which obviously did not work well. This is the worst experience I've ever had. I know I'll be taking my business elsewhere.
from fundoc@nycap.rr.com is the reply:
And well you should. I can only imagine the horrified responses of the listeners.
Listener One: "What the hell's that!?"
Listener Two: "I dunno, but it sounds like shit."
Listener One: "What the hell IS that!?"
Listener Two: "You know what? I think that guy's playing a Meyer!"
Listener One: "What? A Meyer? Doesn't he know this gig requires the sound of a Jumbo Java factory blank?"
Listener Two: "Evidently not. I cannot tell you how often the instrumentalist's erroneous mouthpiece choice has destroyed my aesthetic listening experience."
Listen One: "No kidding, I mean a Meyer. What the hell is he thinking?"
Listener Two: "This kind of thing really chafes my ass."
Listener One: "Indeed. This is the worst experience I've ever had."
And so on, until they stomped out in discust.
Priceless. Absolutely priceless. Thanks guys!
by ericdano
The Cowbell Project
November 7, 2002 in Articles
The Cowbell Project: Inspired by the SNL/Christopher Walken sketch, is a database of recordings that feature the cowbell, and a list of other songs that maybe should have considered it.
by ericdano
The Kenny G Issue Continues
October 8, 2002 in Articles
Richard Thompson has weighed in on the debate.
I really can’t stand the ads for Kenny’s “new” album, that “Paradise” album. I so want to take a pair of shears and cut that hair…..
by ericdano
Schoenbergize That Webpage
July 18, 2002 in Articles
The WebPlayer is a Shockwave app that turns a web page into music by converting the HTML into numbers and then running that through formulas developed by Arnold Schoenberg, who came to be known as the inventory of atonalism in music, and influential in serialism, which aims to produce music by controlling aspects of the music with number series. Don’t expect Beethoven, but sometimes the output is nice.
The Google front page produced a pretty soothing bit of background sound the first time I tried it. However, the program does vary in how it generates the music. So, you won’t get the same results twice.
by ericdano
Cage Tries to Copyright Silence
June 29, 2002 in News
Sometimes, reality is too funny. Here is an article saying that John Cage‘s representatives are trying to copyright silence. Oh my gosh.
What is next, the John Coltrane foundation going after players for using Coltrane’s licks? What is the deal?
In another related story, the Music Industry has been convicted of price fixing. Naw. You don’t say. The FTC has more information.
by ericdano
How Not To Treat Your Band Members
February 1, 2002 in Articles
One of my friends sent this clip of a “professional” band leader chewing out his band. This is a leader of a Las Vegas band, and a very famous person as well.
Wow, people put up with this? Nice guy…….NOT!
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