Ok I finally listened to this.  The chance of Rolando ripping this off
seems, to me, to be none.  The "ornament" that begins both Jaguar and
the other string part, is a CLICHÉ, easily found in many "spanish"
sounding type songs, movie scores, mariachi trumpet parts, etc.  Like I
said just now, if we really prosecuted every "substantially similar"
musical idea, there would be no music at all.  All styles deal with a
certain number of musical clichés or riffs that are substantially
similar, those are the building blocks of music from which, hopefully,
something more creative comes.

The similarity between the two songs is very much on the surface and a
coincidence, in my opinion.  They both derive from a cliché that is the
hallmark of some Spanish type music, and happen to use a similar string
patch.

_Dave

-----Original Message-----
From: Robin Howells [mailto:[EMAIL PROTECTED] 
Sent: Monday, August 04, 2003 8:08 PM
To: 313@hyperreal.org
Cc: [EMAIL PROTECTED]
Subject: Re: (313) "Jaguar" Strings on 80s House record?

Hate to disagree, but it actually seems obvious to me that the Jaguar
strings weren't sampled from this. For a start off, as I believe someone
observed, there would need to be some sort of breakdown where the
strings
were unaccompanied. Not sure what's meant by 'cleaned up' here, but if
you
were thinking that the drum track etc. could be removed through EQs or
stereo phase inversion or something then, on the basis of my experience
at
least, that would be basically impossible. Secondly, the synth patch
sounds
different to me, although admittedly use of effects (some distortion?
the
Jaguar strings are rawer and punchier to my ears) could maybe create the
sound that's on Jaguar.

The elements of the riff that are identical are the twiddly bit (i think
mordant might be the word?) that introduces them and just one instance
in
the track when it's followed by the same intervals as you find in Jaguar
(although even then the rhythm is slightly different). The rest bears no
relation in my opinion. One implication of this limit to the
similarities is
that even if you could cleanly sample those strings, it'd be a hell of a
lot
more bother cutting and pasting and pitch shifting bits of the sample to
end
up with what you've got in Jaguar than just playing them in yourself, so
I
think we can rule out Rolando sampling...

So did he copy it? Well, the core musical idea here seems to me to be
that
set of intervals I mentioned above. It's three notes, and it's not
exactly
what you'd call a feat of lateral thinking to come up with twiddly bit
if
you were playing around with that idea. I guess this is the way I
understand
the suggestion that there's something 'generic' about the riff... The
impression I get is maybe of something that's been developed by going
for
fairly generic and conventional musical options out of all the ways that
little melodic hook could have been expanded upon. So I don't think it
would
be a TOTALLY freakish occurence if Rolando had never heard this thing
and
came up with his string line independently, but I admit that's not too
likely.

The rest of Rolando's string line is made up of the same idea subjected
to
certain chord changes, which, as it happens, are not found in this other
record. I think the reason the similarity really hits you is because
that
twiddly bit is so prominent and so distinctive, so despite there not
being
much else that's the same, it's hard to escape the comparison.

Maybe he was in fact inspired by this piece of music (given all the
things
in Jaguar and even the string part in question that aren't similar to
this
record, I don't think that's an unreasonable way of putting it). Maybe
it
was a subconscious thing, which I don't believe is as silly as it might
sound. It's very easy to hear something once and later on hear in your
head
some sort of musical idea that you can't place or to let the music
you're
writing be affected by some such idea that's lurking in your brain
without
you realising it.

More important than all of this toss though - no, I don't know why I
bothered writing this email either - is that (hopefully) no-one gives a
french-connection-uk. Knights of the Jaguar is great tune, and what's
wrong
with nicking stuff anyway, eh? Surely you have be at least 50+ these
days
(possibly also with a large back catalogue to your name) to believe in
copyright law? (By the way, in case you hadn't guessed I'm being tongue
in
cheek; no offence to older list members, who I'm sure are way too 'down'
to
take the 'kids these days have no idea of their own' line anyway.)

All the best, you eagle-eared sample spotters (I think another animal is
needed here),
Robin

>
> To me it sounds like he cleaned up the sample plus gave it a tempo
> adjustment or played it note for note (but it's so close it sounds
like a
> sample)  - it's quite obvious a lift from that tune.
> And we were all able to ID right away - nobody has said - "gee that
sounds
> like the strings used in Strings of Life" - no we all said Knights of
the
> Jaguar so it's not generic at all.
>
> It's a prosecuting copyright lawyer's wish come true
>
> "The legal test is whether a sample is recognizable. It is not true
that
> you are allowed to use up to 4 bars or 10 seconds or any part of
another
> song."
>
> MEK
>
>
>                       Kent williams
>                       <[EMAIL PROTECTED]>        To:       313 list
<313@hyperreal.org>
>                                                cc:
>                       08/04/03 01:08 PM        Subject:  Re: (313)
"Jaguar" Strings on 80s House record?
>
>
>
> It also is note for note the same as the beginning couple of bars of
the
> strings in Jaguar ... just interesting to compare.
>
> My friend who found that thought that Rolando was copying; I argued
that
> the string line on both are fairly generic and depend on the context
for
> any distinctiveness.
>
> On Mon, 4 Aug 2003, Klaas-Jan Jongsma wrote:
> > Well they use the same (Oberheim?) synth for sure, but that is where
> > the comparison ends i think?
> >
> > On maandag, aug 4, 2003, at 19:48 Europe/Amsterdam, Kent williams
wrote:
> >
> > > My friend Rich found this:
> > >
> > > http://www.psychiatry.uiowa.edu/~kent/Carino-TCOY.mp3
> > >
> > > Listen to the string synth at the beginning, contrast and compare
with
> > > synth strings in "Night of the Jaguar"
> > >
> >
>



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