Originality in Digital Music

This post is longer and more formal than usual because it was my term paper for a class in the NYU Music Technology Program.

Questions of authorship, ownership and originality surround all forms of music (and, indeed, all creative undertakings.) Nowhere are these questions more acute or more challenging than in digital music, where it is effortless and commonplace to exactly reproduce sonic elements generated by others. Sometimes this copying is relatively uncontroversial, as when a producer uses royalty-free factory sounds from Reason or Ableton Live. Sometimes the copying is legally permissible but artistically dubious, as when one downloads a public-domain Bach or Scott Joplin MIDI file and copies and pastes sections from them into a new composition. Sometimes one may have creative approval but no legal sanction; within the hip-hop community, creative repurposing of copyrighted commercial recordings is a cornerstone of the art form, and the best crate-diggers are revered figures.

Even in purely noncommercial settings untouched by copyright law, issues of authorship and originality continue to vex us. Some electronic musicians feel the need to generate all of their sounds from scratch, out of a sense that using samples is cheating or lazy. Others freely use samples, presets and factory sounds for reasons of expediency, but feel guilt and a weakened sense of authorship. Some electronic musicians view it as a necessity to create their tools from scratch, be they hardware or software. Others feel comfortable using off-the-shelf products but try to avoid common riffs, rhythmic patterns, chord progressions and timbres. Still others gleefully and willfully appropriate and put their “theft” of familiar recordings front and center.

Is a mashup of two pre-existing recordings original? Is a new song based on a sample of an old one original? What about a new song using factory sounds from Reason or Ableton Live? Is a DJ set consisting entirely of other people’s recordings original? Can a bright-line standard for originality or authenticity even exist in the digital realm?

I intend to parse out our varied and conflicting notions of originality, ownership and authorship as they pertain to electronic music. I will examine perspectives from musicians and fans, jurists and journalists, copyright holders and copyright violators. In so doing, I will advance the thesis that complete originality is neither possible nor desirable, in digital music or elsewhere, and that the spread of digital copying and manipulation has done us a service by bringing the issue into stark relief.

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The Champ

Music blogs, magazines and cable channels like to run lists of the best albums of all time. Certain albums get listed again and again: Sgt Pepper, Pet Sounds, Highway 61 Revisited.

If you were to compile the best albums as measured by how often they get sampled by hip-hop producers, the list would look very different. There would be some famous names on it — James Brown, Led Zeppelin, P-Funk — but it wouldn’t necessarily include their best-known songs. And you’d see a lot of names that would be totally unfamiliar, unless you were a really devoted crate-digger. In the top ten, alongside tunes by The Honey Drippers, The Soul Searchers and The Incredible Bongo Band, you’d  find “The Champ” by The Mohawks.

Hip-hop fans will instantly recognize the organ riff that kicks off this song. It’s everywhere. Yet I had never heard of the Mohawks before looking into the source of the riff. They were an ad-hoc band of session musicians led by a British organist named Alan Hawkshaw, best known for his commercial jingles, library music and TV theme songs. He also played on records by Barbra Streisand and Olivia Newton John. Not the likeliest source of inspiration for Big Daddy Kane and Ol’ Dirty Bastard, is he? But the album grooves hard.

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