Westboro Baptists Infringe to Offend

In at least a few posts advocating for the right of the copyright holder to control the use of works for reasons other than money, I have raised hypothetical scenarios in which particularly odious entities make use of works in ways that are uniquely offensive to the soul of the original.  Most recently, I employed such hypotheticals on the subject of compulsory licenses, which would compel music rights holders, for instance, to allow any use of their works as long as the use is compensated.  I argued that this strips the creator of one of the most basic rights of copyright, which is the right to choose the manner in which his/her expression is used, except for of the types of uses typically protected by the doctrine of Fair Use.  So, along comes a real-life example of the dark side of remix culture and the kind of cultural gaffes we might get in a world where all works are fair game.

It looks like members of the Westboro Baptist Church cobbled together the six functioning brain cells in the group and scrawled out some clever new lyrics to accompany Paul McCartney’s famous melody “Hey Jude.”  For your listening and viewing pleasure (or nausea), I offer  “Hey Jews,” sung by the men, women and, yes, children of what I assume to be the Westboro Baptist Church choir.  Drawing upon the favorite theme of killing their savior, the Wesboro Baptist version of this song, originally composed as a ballad of avuncular tenderness for young Julian Lennon, is an anti-semitic screed I suspect most people would ignore, except of course that guys like me will call attention to it.  So, why am I doing that?

Because the video in all its ignorant glory serves up some interesting gefilte fish for thought, if you will.  First, I have no idea whether or not Sony/ATV will take any action against the WBC for infringement, although they could; and if they did, I don’t think a judge would rule this video to be a fair use.  This has nothing to do with its offensiveness but rather with the fact that the revised version does not lampoon the original work itself.  Simply taking a known song and changing the words does not make the new work a parody of the original.  For instance, Weird Al’s “Word Crimes,” which is a fantastic new hit based on Robin Thicke’s “Blurred Lines” is not a parody of that song.  So, why does Al get to use it?  Because he got permission and paid for the use, the permission being the more socially important of those two steps.

Sony/ATV may not sue simply because the Wesboro Baptist Church is so universally reviled and ignored that they may just let the infringement go rather than make a case out of it. But alter the situation just a bit, and the scenario might look very different.  Imagine the rights holder is still the author of the music and not as galacticly famous as Sir Paul, and the offensive derivative is made and promoted by a more prominent group.  Does that skew your idea as to how much power the rights holder should retain to prevent such a use?  Some will call this song/video free speech, but I say free speech gives the Wesboro Baptists the right to write, record, and publish their own offensive idiot song, but not a right to use someone else’s work as they see fit.  Because in a sense these neanderthals are speaking with just a little bit of Paul McCartney’s voice, never mind desecrating the very personal reason he created the work in the first place.

I understand this song’s influence in the world will be zero.  Likewise, neither the original work nor its author will be harmed by this association such that anyone is going to assume McCartney endorses the Westboro Baptists.  But change the players in an otherwise similar story, and harm is possible.  Hence, preserving the copyright holder’s choice to sanction, prevent, or ignore certain uses is actually more important in the digital age than it ever was.  Because now any idiot can broadcast, and any idiot will.

Fish Gotta Sing

If you’re a songwriter frustrated by our music licensing system (which is to say a songwriter), then maybe it’s time to craft a ditty that sounds funny coming out of a fake animal.

In all seriousness, last week saw the passing of Memphis legend Mabon “Teenie” Hodges, guitarist and songwriter, who created several hits in collaboration with singer Al Green.  Among these is “Take Me to the River,” written in 1974 and subsequently covered by many artists including Talking Heads. But from the concluding paragraphs in the Hodges’s obit from The Washington Post, we learn that he only first had publishing rights with this particular song, and that most of the revenue he earned from the hit came from sales of the novelty item Big Mouth Billy Bass — a mounted, mechanical fish that wriggles and sings “Take Me to the River” or “Don’t Worry Be Happy” at the push of a button.  The obituary does not cite how much Hodges’s faux fish fortune was worth, but the singing bass did reportedly sell over 40 million units worldwide; Bill Clinton apparently gave one as a gift to Al Gore; and a February 2014 story in The Wire reports that a motion-activated Billy Bass scared a presumptive robber from a Minnesota bait and tackle shop.

Well, it’s one way to be immortalized.  RIP Mr. Hodges.

Singaporean Arts with Musician Kevin Lester (Podcast)

We spend a lot of time talking about the pros and cons of technological disruption in the creative industries.  And each of us has our theories and predictions as to what the future might look like for a market like the United States.  And to be honest, the discussions often revolve around how we should or should not be responding to the fact that technological forces have been shrinking the industries we built through the 20th century.  In this context, I think it’s very interesting to watch what emerging artists are doing in countries where there has been no creative industry to date.

My guest in this podcast is Singapore musician Kevin Lester, an award-winning hip hop artist, writer, and producer. Personally, I think Singapore is a fascinating market to watch because artists like Kevin are really the first generation to want to build a homegrown creative industry from the ground up.  This tiny city-state only gained full independence from British colonial rule in 1965, and its robust economy has largely been built on shipping, financial services, and exports of electronics and pharmaceuticals.   Now, it is the children and grandchildren of that first generation of independent Singaporeans who want to make music and filmed entertainment and other artistic works.  And artists like Kevin are determined to see Singapore develop a sustainable industry out of what can presently be called a local scene.

Kevin has played multiple festivals around the world, and he has received numerous honors as an emerging artist.  Just last month, he released his latest EP, Put Your City On, which contains the hit song “Forever,” a piece all about Kevin’s determination as an artist and as an activist for promotion of the arts in Singapore.  After signing with the new Asian-focused label BMBX, founded by Apl.de.ap of the Black Eyed Peas, Kevin Lester rebranded himself as The Lion City Boy in honor of Singapore’s nickname The Lion City.

I spoke to Kevin at his home studio via Skype.

Learn more about The Lion City Boy at his website.