"Dig" is also known as "Donna" (I first heard the tune on a two-fer Miles Davis LP compilation under that name and was confused when I heard the same tune later with the "Dig" title). It's my understanding that the tune was written by Jackie McLean (who was on the recording session) and incorrectly credited to Miles. Don't know whether Davis or McLean received royalties on the tune, or whether Miles credited McLean at some point with authorship -- maybe some of Marc's more academic readers know this.
Pre-bebop, Ellington was a prodigious composer of contrafacts, with an unusual fondness for the chords of Tiger Rag. See (or listen to) High Life, Hot and Bothered, the virtually impossible to play Braggin' in Brass, and Daybreak Express. His Stompy Jones was famously based on the chords of Happy Birthday to You!
As a long time super fan of Jazz Wax, and a retired IP Attorney (registered patent lawyer, with 30 years experience with trademarks and copyrights as well, wanted to post kudos to Mark for being spot on with this article. Many if most of the public mix up copyright with patent and trademarks as well. So, this was among other good things, a straightforward and accurate account of some 300 years of jurisprudence starting with Queen Anne. Two things to amuse and educate, who in the USA pretty much established the US Patent Office and was its first director? Thomas Jefferson, who had been impressed with the French efforts while he was there in the revolutionary period. Second, what US President was the first US patent holder, and for what? Abraham Lincoln, while in the Illinois period of his history, for a method and system to remove steamships from shoals.
A very educational post. This why I subscribe. I knew that only melodies were protected under copyrights, but did not know the legal history of court cases. And I didn’t know the Cole Porter angle. Every time I hear “What Is This Thing Called Love,” I hear “Hot House.”
Brazilian composers followed suit with the bebopers. I took me a long time to hear that Jobim used the bridge of “I Got Rhythm” for “The Red Blouse,” and “O Pato” is Kenton’s “Eager Beaver.” There are many more examples. Stravinsky said good composers borrow, great composers steal.
We can take this back to at least 1939, with Lester Leaps In borrowing I Got Rhythm changes... it would be interesting to see how much earlier we can go... at least 1932 with Bechet's Shag - and 1940's Duke's Cottontail.
For sure! Great for reminding one and all. The difference between pre-war and post-war, of course, is the rise of independent record labels after the AFM recording ban ended in 1944. Individual bop musicians could suddenly record, and the demand for ideas grew with the opportunity to release 78s. The 1946 court case dramatically minimized the threat of royalty costs and law suits over chord progressions.
Possible topic: writers who abandoned standard chord progressions from the late 1950s on, and wrote their own - Benny Golson, Wayne Shorter, and many more afterwards.
I get more out of the subscription every day and learn something new here daily. Of all the things I subscribe to, Jazzwax has become one of the most important. I can't write much about the topic itself today, but the audio samples are great once again. Keep up your great work, Marc. 👍
"Dig" is also known as "Donna" (I first heard the tune on a two-fer Miles Davis LP compilation under that name and was confused when I heard the same tune later with the "Dig" title). It's my understanding that the tune was written by Jackie McLean (who was on the recording session) and incorrectly credited to Miles. Don't know whether Davis or McLean received royalties on the tune, or whether Miles credited McLean at some point with authorship -- maybe some of Marc's more academic readers know this.
Pre-bebop, Ellington was a prodigious composer of contrafacts, with an unusual fondness for the chords of Tiger Rag. See (or listen to) High Life, Hot and Bothered, the virtually impossible to play Braggin' in Brass, and Daybreak Express. His Stompy Jones was famously based on the chords of Happy Birthday to You!
As a long time super fan of Jazz Wax, and a retired IP Attorney (registered patent lawyer, with 30 years experience with trademarks and copyrights as well, wanted to post kudos to Mark for being spot on with this article. Many if most of the public mix up copyright with patent and trademarks as well. So, this was among other good things, a straightforward and accurate account of some 300 years of jurisprudence starting with Queen Anne. Two things to amuse and educate, who in the USA pretty much established the US Patent Office and was its first director? Thomas Jefferson, who had been impressed with the French efforts while he was there in the revolutionary period. Second, what US President was the first US patent holder, and for what? Abraham Lincoln, while in the Illinois period of his history, for a method and system to remove steamships from shoals.
HI John. Humbled and appreciative. Thanks so much for your kind words, and so glad you enjoyed.
One thing of interest, the US Copyright Office is not part of the patent office, it belongs to the Library of Congress.
A very educational post. This why I subscribe. I knew that only melodies were protected under copyrights, but did not know the legal history of court cases. And I didn’t know the Cole Porter angle. Every time I hear “What Is This Thing Called Love,” I hear “Hot House.”
Good ear!
Brazilian composers followed suit with the bebopers. I took me a long time to hear that Jobim used the bridge of “I Got Rhythm” for “The Red Blouse,” and “O Pato” is Kenton’s “Eager Beaver.” There are many more examples. Stravinsky said good composers borrow, great composers steal.
Very good. Bravo!
We can take this back to at least 1939, with Lester Leaps In borrowing I Got Rhythm changes... it would be interesting to see how much earlier we can go... at least 1932 with Bechet's Shag - and 1940's Duke's Cottontail.
For sure! Great for reminding one and all. The difference between pre-war and post-war, of course, is the rise of independent record labels after the AFM recording ban ended in 1944. Individual bop musicians could suddenly record, and the demand for ideas grew with the opportunity to release 78s. The 1946 court case dramatically minimized the threat of royalty costs and law suits over chord progressions.
Small point: 'Dig' was recorded in 1951, not '56.
Possible topic: writers who abandoned standard chord progressions from the late 1950s on, and wrote their own - Benny Golson, Wayne Shorter, and many more afterwards.
Fixed. Thanks, George.
I get more out of the subscription every day and learn something new here daily. Of all the things I subscribe to, Jazzwax has become one of the most important. I can't write much about the topic itself today, but the audio samples are great once again. Keep up your great work, Marc. 👍
The things one never learns in school! Excellent article. Very enlightening. Thank you.