RE: (313) Jaguar Strings on 80s House record?

2003-08-06 Thread James Hurlbut
I recently went to a talk by Stanford Law Professor and media critic 
Lawrence Lessig where he said that in terms of practical real world 
copyright law as it is being applied these days, successful defense 
essentially depends on how much money you have to spend on litigation. Kind 
of shocking to hear a distinguished law professor admit that.



At 09:56 AM 8/5/2003 +0100, Ryan Snowden wrote:

Mark All as Read

|-Original Message-
|From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED]
|Sent: 05 August 2003 08:53
|To: 313@hyperreal.org
|Subject: Re: (313) Jaguar Strings on 80s House record?
|
|
| the jungle producer adam f replayed a big chuck of a bob james
| track (nautilus i think it was) and turned it into a jungle
|tune that
| got released on a major and AFAIK didnt get sample clearance.
|
|Hmm. I can't believe that - big labels are usually pretty
|weary of things like that - even if the track is perceived as
|underground, or the sample is well disguised. It's far cheaper
|to pay for the sample than to face the consequences after.
|
|anyway, I was wondering - why all the fuss even if Rolando
|used a sample? some of UR's finest moments have pretty big
|chunks of samples in.
|
|does it matter?
|
|oh, and one more thing! Mike Pickering - yep, OK, he did
|M-People, but I think he's made his contribution - 52nd Street
|anyone? Good Factory band, innovative etc. Give him a break
|
|my 2p's worth anyway.
|
|_
|
|- End of message text 
|
|This e-mail is sent by the above named in their
|individual, non-business capacity and is not on
|behalf of PricewaterhouseCoopers.
|
|PricewaterhouseCoopers may monitor outgoing and incoming
|e-mails and other telecommunications on its e-mail and
|telecommunications systems. By replying to this e-mail you
|give your consent to such monitoring
|
|
|





Re: (313) Jaguar Strings on 80s House record?

2003-08-06 Thread Rc
i guess that's the same as many areas of law



on 6/8/03 4:10 PM,  James Hurlbut at [EMAIL PROTECTED] wrote:

 I recently went to a talk by Stanford Law Professor and media critic
 Lawrence Lessig where he said that in terms of practical real world
 copyright law as it is being applied these days, successful defense
 essentially depends on how much money you have to spend on litigation. Kind
 of shocking to hear a distinguished law professor admit that.
 




RE: (313) Jaguar Strings on 80s House record?

2003-08-05 Thread Thomas D. Cox, Jr.
-- Original Message --
From: Jernej Marusic [EMAIL PROTECTED]
Well from listening to this strings for a couple of times, I can 
tell that
at the beginning they start the same as jaguar but than it gets 
different
really quickly. Than at another point there's another part that 
sounds the
same as jaguar strings for a bit longer but than gets different 
again. 
So Rolando probably did get inspiration from this track, but even 
if he did
he changed the strings quite allot beyond those couple starting 
notes, so he
deffinitely didn't sampel them. 

no one has mentioned the possibility that they both sampled 
strings from the same source and then flipped them differently. 
obviously this house track was made during a period of sample 
heavy marrs/coldcut influenced stuff. so its entirely possible the 
strings are from an old song and that they both sampled the same 
original track, just different parts and in different ways. 

tom 


andythepooh.com


 
   


Re: (313) Jaguar Strings on 80s House record?

2003-08-05 Thread Matt MacQueen

no one has mentioned the possibility that they both sampled
strings from the same source and then flipped them differently.
obviously this house track was made during a period of sample
heavy marrs/coldcut influenced stuff. so its entirely possible the
strings are from an old song and that they both sampled the same
original track, just different parts and in different ways.


Interesting theory.  But I'd wager that the strings in Jaguar were 
PLAYED, and are not a sample to begin with.  Esp. with that crazy solo 
at the end.


peace,
Matt MacQueen



Re: (313) Jaguar Strings on 80s House record?

2003-08-05 Thread Matt MacQueen


On Monday, August 4, 2003, at 06:23 PM, Matt MacQueen wrote:


no one has mentioned the possibility that they both sampled
strings from the same source and then flipped them differently.
obviously this house track was made during a period of sample
heavy marrs/coldcut influenced stuff. so its entirely possible the
strings are from an old song and that they both sampled the same
original track, just different parts and in different ways.


Interesting theory.  But I'd wager that the strings in Jaguar were 
PLAYED, and are not a sample to begin with.  Esp. with that crazy solo 
at the end.


Just to clarify I mean in Jaguar I bet they were PLAYED live on a 
keyboard (which has a string patch or whatever), not played on an 
actual real analog stringed instrument (a la Metro Area or Kelley Polar 
Quartet).


peace
Matt MacQueen



Re: (313) Jaguar Strings on 80s House record?

2003-08-05 Thread Phonopsia
- Original Message - 
From: Matt MacQueen [EMAIL PROTECTED]
To: [EMAIL PROTECTED]; 313@hyperreal.org
Sent: Tuesday, August 05, 2003 12:23 AM
Subject: Re: (313) Jaguar Strings on 80s House record?


  no one has mentioned the possibility that they both sampled
  strings from the same source and then flipped them differently.
  obviously this house track was made during a period of sample
  heavy marrs/coldcut influenced stuff. so its entirely possible the
  strings are from an old song and that they both sampled the same
  original track, just different parts and in different ways.

 Interesting theory.  But I'd wager that the strings in Jaguar were
 PLAYED, and are not a sample to begin with.  Esp. with that crazy solo
 at the end.

That, and they sound like synthetic strings. I mean, they could be a sample,
but it sounds very 'factory preset' to me. It would probably be a whole lot
more effort than its worth to lift that particular string sound out of a
track that has no breakdowns. Also (since we all seem to agree that if it
were sampled, he re-played some of the melodies), sampling those strings at
any point in time in the Carino track you would be getting a sample of a
full chord, and when that is transposed up and down the keyboard, you will
get a different, detuned effect than if it were one note transposed up and
down the keyboard. For instance, a C Minor chord would be C, E flat, G, B
flat, and if you sample that, then play an E in the keyboard, you would get
E, G flat, A, B flat, rather than 'E', and G flat and B flat are not in the
C minor scale - thus the perceived detuning. Or something like that (distant
memories of unused musical theory not enjoying this rare excercise)... ;)
I'm sure you all know what a detuned sample sounds like transposed up and
down a keyboard, and it wouldn't work like Jaguar sounds. Think: Pepe
Braddock or Theo Parrish samples rather than Octave One string
orchestrations. Pepe Braddock or Theo Parrish couldn't have taken the Deep
Burnt/UGE 003 sample from Freddie Hubbard's 'Little Sunflower' and played
bits of that up and down the keyboard without making it sounds really bent.

Tristan
===
Text/Mixes/Pics: http://www.phonopsia.co.uk
Music: http://www.mp313.com
Contact: [EMAIL PROTECTED]




Re: (313) Jaguar Strings on 80s House record?

2003-08-05 Thread Michael . Elliot-Knight

   
  David Powers
   
  [EMAIL PROTECTED]To:   [EMAIL PROTECTED] 
 
  lnoize.com  cc:   313 list 
313@hyperreal.org  
   Subject:  Re: (313) Jaguar 
Strings on 80s House record?   
  08/04/03 05:55 PM 
   

   

   











Hi,
If it's not a sample there shouldn't be any problem.  It's not possible to
copyright just a fragment of a melody really, as far as I have ever heard.
The essential question would have to be raised, does that string line
encompass the essence of both songs, or if the additional parts in each
song make them essentially two different compositions.

After all, no one has ever claimed a jazz musician has to get copyright
clearance when they quote a fragment of a popular song in the middle of
their solo.  That is arguably fair use, but I've never heard of a court
case over this issue.  By the way, in classical music the concept of theme
and variations is based precisely on writing a new composition over
someone's melody, and there are many other examples of borrowing melodies
too (check Mahler's first symphony or Ives!).  So I think history would
support an argument of fair use of a melody in a new compositions, as long
as the new composition is not a derivative work, which would be protected
by copyright law.  Of course, who knows what you could get a judge to buy
who had little understanding of music.

_Dave

-- Original Message -
Subject: Re: (313) Jaguar Strings on 80s House record?
Date: Mon, 4 Aug 2003 16:08:14 -0500
From: [EMAIL PROTECTED]
To: Klaas-Jan Jongsma [EMAIL PROTECTED]






You're kidding right? A coincidence? Everything in that string bit is in
Jaguar -even how the notes waver before the descending notes come in.
This more than sounds  a lot like it - the strings in Jaguar clearly is a
sample of that track with maybe a tempo change (and maybe extra
accompaniment over and under to fatten up the sound). Or, it was
reperformed by Rolando using the same keyboard practically note for note -
would be too many coincidences to be a coincidence if you know what I mean.

TCoy probably wouldn't do anything about it because of the use of Eric B. 
Rakim, in the Carino track, would cost a lot more to licence and TCoy would
most likely get sued in turn if Eric B  Rakim knew about it. So, I'm sure
the producer of Carino, if they are alive still, are keeping real quiet and
not bothering with taking any action against Rolando if UR didn't clear it.
This is all a moot point if Rolando/UR cleared it all with the owners of
Carino. Whether that be the performance and the publishing (if it was a
sample) or just the publishing (if Rolando re-performed the section used).

Either way, both tunes are cool and I do hope that UR has got their bases
covered on this.

MEK




  Klaas-Jan Jongsma

  [EMAIL PROTECTED]To:   Kent williams
[EMAIL PROTECTED]
  .nl cc:   313 list
313@hyperreal.org
   Subject:  Re: (313) Jaguar
Strings on 80s House record?
  08/04/03 01:13 PM








On maandag, aug 4, 2003, at 20:08 Europe/Amsterdam, Kent williams wrote:

 It also is note for note the same as the beginning couple of bars of
 the
 strings in Jaguar ... just interesting to compare.

Oh sure but i think that it so more a coincident, i once got accused by
someone for copying a melody from a Joy Division record once. I never
realized it until i heard them played bak to back and i had to agree
that my track sounded a lot like that Joy Division track :)

 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

Re: (313) Jaguar Strings on 80s House record?

2003-08-05 Thread MM
so let me get all of this correct...according to everyone here on
this list the general opinion is that UR and rolando sampled this TCOY
track  and did not make it them selfs.man with all of the
bullshit that surrounded the jaguar you think someone  else would have
dug this up if it was truebut its probably not true. the
last time i was in detroit i talked with mike for a good long time like
7 hours...and its kinda funny we talked about the jaguar...and he never
mentioned that he or rolando sampled a record to make it...i mean he
told me about alot of other elements in the trackunless of course he
was lying ..in order for UR to have sampled that track then it would
mean that Mad Mike and the rest of UR were lying to everyone in the
world.I THINK NOTif the track sounds like it then its probably a
coincidence ...but i doubt that UR would put on this elaborate hoax to
fool everyone.lets be real...i mean UR has been this whole
timethe fact that people think UR sampled this record in paticular
makes me laugh.. i have heard that same beginning of the melody ALOT
from various tracks from the 70's  80's...as well as the general
arrangements in that trackmy opinion...and maybe you can all laugh
at me when someone sue's UR ...but i don't think it will happen

michael
www.renegaderhythms.com








Matt MacQueen wrote:
 
 On Monday, August 4, 2003, at 06:23 PM, Matt MacQueen wrote:
 
  no one has mentioned the possibility that they both sampled
  strings from the same source and then flipped them differently.
  obviously this house track was made during a period of sample
  heavy marrs/coldcut influenced stuff. so its entirely possible the
  strings are from an old song and that they both sampled the same
  original track, just different parts and in different ways.
 
  Interesting theory.  But I'd wager that the strings in Jaguar were
  PLAYED, and are not a sample to begin with.  Esp. with that crazy solo
  at the end.
 
 Just to clarify I mean in Jaguar I bet they were PLAYED live on a
 keyboard (which has a string patch or whatever), not played on an
 actual real analog stringed instrument (a la Metro Area or Kelley Polar
 Quartet).
 
 peace
 Matt MacQueen


Re: (313) Jaguar Strings on 80s House record?

2003-08-05 Thread KiDDy*RaVeR
Well, i wont argue about the synth that sounds like roland track.
But listen the piano line instead Think a little bit...
Ok, now listen Sweet D track on Trax records (TX119), released in 1986. . .
.
Definitively has less groove strengh, but still !
So it might goes in favor of the hypothesis that both (tcoy  rolando) get
influenced by another track previously done.

Mick Pickering, sure he's alive! He came over here @ the Rex Club in May.
For the Haçienda party. With Dave Haslam and Laurent Garnier too...Such a
wonderful night!!

- KiDD*e*


- Original Message -
From: Kent williams [EMAIL PROTECTED]
To: 313 list 313@hyperreal.org
Sent: Monday, August 04, 2003 7:48 PM
Subject: (313) Jaguar Strings on 80s House record?


 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

 W



Re: (313) Jaguar Strings on 80s House record?

2003-08-05 Thread Matt MacQueen

my thoughts exactly...

peace


On Monday, August 4, 2003, at 07:06 PM, MM wrote:

so let me get all of this correct...according to everyone here on
this list the general opinion is that UR and rolando sampled this TCOY
track  and did not make it them selfs.man with all of the
bullshit that surrounded the jaguar you think someone  else would have
dug this up if it was truebut its probably not true. the
last time i was in detroit i talked with mike for a good long time like
7 hours...and its kinda funny we talked about the jaguar...and he never
mentioned that he or rolando sampled a record to make it...i mean he
told me about alot of other elements in the trackunless of course 
he
was lying ..in order for UR to have sampled that track then it 
would

mean that Mad Mike and the rest of UR were lying to everyone in the
world.I THINK NOTif the track sounds like it then its probably 
a

coincidence ...but i doubt that UR would put on this elaborate hoax to
fool everyone.lets be real...i mean UR has been this whole
timethe fact that people think UR sampled this record in paticular
makes me laugh.. i have heard that same beginning of the melody 
ALOT

from various tracks from the 70's  80's...as well as the general
arrangements in that trackmy opinion...and maybe you can all laugh
at me when someone sue's UR ...but i don't think it will happen

michael
www.renegaderhythms.com



Matt MacQueen wrote:


On Monday, August 4, 2003, at 06:23 PM, Matt MacQueen wrote:


no one has mentioned the possibility that they both sampled
strings from the same source and then flipped them differently.
obviously this house track was made during a period of sample
heavy marrs/coldcut influenced stuff. so its entirely possible the
strings are from an old song and that they both sampled the same
original track, just different parts and in different ways.


Interesting theory.  But I'd wager that the strings in Jaguar were
PLAYED, and are not a sample to begin with.  Esp. with that crazy 
solo

at the end.


Just to clarify I mean in Jaguar I bet they were PLAYED live on a
keyboard (which has a string patch or whatever), not played on an
actual real analog stringed instrument (a la Metro Area or Kelley 
Polar

Quartet).

peace
Matt MacQueen






Re: (313) Jaguar Strings on 80s House record?

2003-08-05 Thread Michael . Elliot-Knight



   
  David Powers   
  [EMAIL PROTECTED]To:   [EMAIL PROTECTED]
  lnoize.com  cc:   313 list 
313@hyperreal.org
   Subject:  Re: (313) Jaguar 
Strings on 80s House record?
  08/04/03 05:55 PM
   
   




Hi,
If it's not a sample there shouldn't be any problem.  It's not possible to
copyright just a fragment of a melody really, as far as I have ever heard.
The essential question would have to be raised, does that string line
encompass the essence of both songs, or if the additional parts in each
song make them essentially two different compositions.

After all, no one has ever claimed a jazz musician has to get copyright
clearance when they quote a fragment of a popular song in the middle of
their solo.  That is arguably fair use, but I've never heard of a court
case over this issue.  By the way, in classical music the concept of theme
and variations is based precisely on writing a new composition over
someone's melody, and there are many other examples of borrowing melodies
too (check Mahler's first symphony or Ives!).  So I think history would
support an argument of fair use of a melody in a new compositions, as long
as the new composition is not a derivative work, which would be protected
by copyright law.  Of course, who knows what you could get a judge to buy
who had little understanding of music.

_Dave

-- Original Message -
Subject: Re: (313) Jaguar Strings on 80s House record?
Date: Mon, 4 Aug 2003 16:08:14 -0500
From: [EMAIL PROTECTED]
To: Klaas-Jan Jongsma [EMAIL PROTECTED]






You're kidding right? A coincidence? Everything in that string bit is in
Jaguar -even how the notes waver before the descending notes come in.
This more than sounds  a lot like it - the strings in Jaguar clearly is a
sample of that track with maybe a tempo change (and maybe extra
accompaniment over and under to fatten up the sound). Or, it was
reperformed by Rolando using the same keyboard practically note for note -
would be too many coincidences to be a coincidence if you know what I mean.

TCoy probably wouldn't do anything about it because of the use of Eric B. 
Rakim, in the Carino track, would cost a lot more to licence and TCoy would
most likely get sued in turn if Eric B  Rakim knew about it. So, I'm sure
the producer of Carino, if they are alive still, are keeping real quiet and
not bothering with taking any action against Rolando if UR didn't clear it.
This is all a moot point if Rolando/UR cleared it all with the owners of
Carino. Whether that be the performance and the publishing (if it was a
sample) or just the publishing (if Rolando re-performed the section used).

Either way, both tunes are cool and I do hope that UR has got their bases
covered on this.

MEK




  Klaas-Jan Jongsma

  [EMAIL PROTECTED]To:   Kent williams
[EMAIL PROTECTED]
  .nl cc:   313 list
313@hyperreal.org
   Subject:  Re: (313) Jaguar
Strings on 80s House record?
  08/04/03 01:13 PM








On maandag, aug 4, 2003, at 20:08 Europe/Amsterdam, Kent williams wrote:

 It also is note for note the same as the beginning couple of bars of
 the
 strings in Jaguar ... just interesting to compare.

Oh sure but i think that it so more a coincident, i once got accused by
someone for copying a melody from a Joy Division record once. I never
realized it until i heard them played bak to back and i had to agree
that my track sounded a lot like that Joy Division track :)

 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














Re: (313) Jaguar Strings on 80s House record?

2003-08-05 Thread KiDDy*RaVeR
Here's an excerpt of the sweet D track :
http://www.kiddyraver.com/sweetd.ram
Its close, but not the same either.
- KiDD*e*

- Original Message -
From: KiDDy*RaVeR [EMAIL PROTECTED]
To: 313 313@hyperreal.org
Sent: Tuesday, August 05, 2003 2:08 AM
Subject: Re: (313) Jaguar Strings on 80s House record?


 Well, i wont argue about the synth that sounds like roland track.
 But listen the piano line instead Think a little bit...
 Ok, now listen Sweet D track on Trax records (TX119), released in 1986. .
.
 .
 Definitively has less groove strengh, but still !
 So it might goes in favor of the hypothesis that both (tcoy  rolando) get
 influenced by another track previously done.

 Mick Pickering, sure he's alive! He came over here @ the Rex Club in May.
 For the Haçienda party. With Dave Haslam and Laurent Garnier too...Such a
 wonderful night!!

 - KiDD*e*


 - Original Message -
 From: Kent williams [EMAIL PROTECTED]
 To: 313 list 313@hyperreal.org
 Sent: Monday, August 04, 2003 7:48 PM
 Subject: (313) Jaguar Strings on 80s House record?


  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
 
  W






Re: (313) Jaguar Strings on 80s House record?

2003-08-05 Thread Michael . Elliot-Knight




Uh what? I'm not sure what part of the song you think is close - the piano
line, the synthesized string line?
believe me, it's not close at all (legally speaking)

if you're talking about the piano line - it's not close enough to warrant
any discussion about it being similar to Jaguar.


MEK



   
  KiDDy*RaVeR
  [EMAIL PROTECTED]To:   313 
313@hyperreal.org
  aver.comcc: 
   Subject:  Re: (313) Jaguar 
Strings on 80s House record?
  08/04/03 07:49 PM
  Please respond to
  KiDDy*RaVeR
   
   




Here's an excerpt of the sweet D track :
http://www.kiddyraver.com/sweetd.ram
Its close, but not the same either.
- KiDD*e*

- Original Message -
From: KiDDy*RaVeR [EMAIL PROTECTED]
To: 313 313@hyperreal.org
Sent: Tuesday, August 05, 2003 2:08 AM
Subject: Re: (313) Jaguar Strings on 80s House record?


 Well, i wont argue about the synth that sounds like roland track.
 But listen the piano line instead Think a little bit...
 Ok, now listen Sweet D track on Trax records (TX119), released in 1986. .
.
 .
 Definitively has less groove strengh, but still !
 So it might goes in favor of the hypothesis that both (tcoy  rolando)
get
 influenced by another track previously done.

 Mick Pickering, sure he's alive! He came over here @ the Rex Club in May.
 For the Haçienda party. With Dave Haslam and Laurent Garnier too...Such a
 wonderful night!!

 - KiDD*e*


 - Original Message -
 From: Kent williams [EMAIL PROTECTED]
 To: 313 list 313@hyperreal.org
 Sent: Monday, August 04, 2003 7:48 PM
 Subject: (313) Jaguar Strings on 80s House record?


  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
 
  W









Re: (313) Jaguar Strings on 80s House record?

2003-08-05 Thread Michael . Elliot-Knight




Devil's Advocate -
If you sampled a piece of music but never cleared it legally - and, knowing
this, if it was discovered that you did sample the music and it leaked out
you ran the very great risk of being sued - especially if you had a fairly
high profile court case over that same piece of music - would *you* tell
anyone that you used a uncleared sample in the music?

since I wasn't there during your conversation I don't know exactly what you
talked about except for what you mentioned below, however, I noticed that
you said, he
told me about alot of other elements in the track. So did he not tell you
about _this_ particular element? I'll proceed then to ask if he didn't
could it be because it was a sample?

end Devil's Advocate


personally, I don't care if it's Mad Mike or George Michael - if it was a
sample, some is owed some money. It should be a level playing field.

I'm not a musicologist but I do deal with this sh*t every day and they
sound suspiciously similar. Accidental or not - that's not a defense
anymore. If you pull onto a road and don't see a speed limit sign and then
decide to floor the gas pedal, that doesn't mean you aren't breaking the
law. If you have accidentally infringed upon someone else's copyright - the
prosecution has the right to ask that you remove all offending material
from the market and you can still owe them a truck load of money.

MEK




   
  MM
   
  [EMAIL PROTECTED]To:   Matt MacQueen [EMAIL 
PROTECTED]  
  thms.comcc:   [EMAIL PROTECTED], 
313@hyperreal.org, 
[EMAIL PROTECTED]   

  08/04/03 07:06 PMSubject:  Re: (313) Jaguar 
Strings on 80s House record?   

   

   




so let me get all of this correct...according to everyone here on
this list the general opinion is that UR and rolando sampled this TCOY
track  and did not make it them selfs.man with all of the
bullshit that surrounded the jaguar you think someone  else would have
dug this up if it was truebut its probably not true. the
last time i was in detroit i talked with mike for a good long time like
7 hours...and its kinda funny we talked about the jaguar...and he never
mentioned that he or rolando sampled a record to make it...i mean he
told me about alot of other elements in the trackunless of course he
was lying ..in order for UR to have sampled that track then it would
mean that Mad Mike and the rest of UR were lying to everyone in the
world.I THINK NOTif the track sounds like it then its probably a
coincidence ...but i doubt that UR would put on this elaborate hoax to
fool everyone.lets be real...i mean UR has been this whole
timethe fact that people think UR sampled this record in paticular
makes me laugh.. i have heard that same beginning of the melody ALOT
from various tracks from the 70's  80's...as well as the general
arrangements in that trackmy opinion...and maybe you can all laugh
at me when someone sue's UR ...but i don't think it will happen

michael
www.renegaderhythms.com








Matt MacQueen wrote:

 On Monday, August 4, 2003, at 06:23 PM, Matt MacQueen wrote:

  no one has mentioned the possibility that they both sampled
  strings from the same source and then flipped them differently.
  obviously this house track was made during a period of sample
  heavy marrs/coldcut influenced stuff. so its entirely possible the
  strings are from an old song and that they both sampled the same
  original track, just different parts and in different ways.
 
  Interesting theory.  But I'd wager that the strings in Jaguar were
  PLAYED, and are not a sample to begin with.  Esp. with that crazy solo
  at the end.

 Just to clarify I mean in Jaguar I bet they were PLAYED live on a
 keyboard (which has a string patch or whatever), not played on an
 actual real analog stringed instrument (a la Metro Area or Kelley Polar
 Quartet).

 peace
 Matt MacQueen





Re: (313) Jaguar Strings on 80s House record?

2003-08-05 Thread Robin Howells
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 PMSubject:  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

Re: (313) Jaguar Strings on 80s House record?

2003-08-05 Thread Matt MacQueen

Michael,
Nahhh.  While I respect the levels that you have thought through all of 
this, all your analysis is based on the (weak, IMHO) assumption that 
Jaguar DOES sample that TCOY track, and I'm arguing that it *DOESN'T*.  
So everything else you conclude is based on that assumption, and it's 
not an assumption I buy whatsoever, so the rest of it to me is a moot 
point.


I mean, go dig out Jaguar again and tell me that's a sample... IMHO 
there is no way.  Have you ever tried to sample stuff and use it in a 
track?  There's extraordinary difficulty in finding a clean enough 
version of that string part of the track to be able to sample it and 
make Jaguar with it.   Still, everyone's ears are subjective and it's 
something neither of us can conclusively prove one way or the other.   
:)


cheers
Matt MacQueen


On Monday, August 4, 2003, at 07:56 PM, 
[EMAIL PROTECTED] wrote:


Devil's Advocate -
If you sampled a piece of music but never cleared it legally - and, 
knowing
this, if it was discovered that you did sample the music and it leaked 
out
you ran the very great risk of being sued - especially if you had a 
fairly
high profile court case over that same piece of music - would *you* 
tell

anyone that you used a uncleared sample in the music?

since I wasn't there during your conversation I don't know exactly 
what you
talked about except for what you mentioned below, however, I noticed 
that

you said, he
told me about alot of other elements in the track. So did he not tell 
you

about _this_ particular element? I'll proceed then to ask if he didn't
could it be because it was a sample?

end Devil's Advocate


personally, I don't care if it's Mad Mike or George Michael - if it 
was a

sample, some is owed some money. It should be a level playing field.

I'm not a musicologist but I do deal with this sh*t every day and they
sound suspiciously similar. Accidental or not - that's not a defense
anymore. If you pull onto a road and don't see a speed limit sign and 
then
decide to floor the gas pedal, that doesn't mean you aren't breaking 
the
law. If you have accidentally infringed upon someone else's copyright 
- the

prosecution has the right to ask that you remove all offending material
from the market and you can still owe them a truck load of money.

MEK




  MM
  [EMAIL PROTECTED]To:   Matt MacQueen 
[EMAIL PROTECTED]
  thms.comcc:   
[EMAIL PROTECTED], 313@hyperreal.org,

[EMAIL PROTECTED]
  08/04/03 07:06 PMSubject:  Re: (313) 
Jaguar Strings on 80s House record?







so let me get all of this correct...according to everyone here on
this list the general opinion is that UR and rolando sampled this TCOY
track  and did not make it them selfs.man with all of the
bullshit that surrounded the jaguar you think someone  else would have
dug this up if it was truebut its probably not true. the
last time i was in detroit i talked with mike for a good long time like
7 hours...and its kinda funny we talked about the jaguar...and he never
mentioned that he or rolando sampled a record to make it...i mean he
told me about alot of other elements in the trackunless of course 
he
was lying ..in order for UR to have sampled that track then it 
would

mean that Mad Mike and the rest of UR were lying to everyone in the
world.I THINK NOTif the track sounds like it then its probably 
a

coincidence ...but i doubt that UR would put on this elaborate hoax to
fool everyone.lets be real...i mean UR has been this whole
timethe fact that people think UR sampled this record in paticular
makes me laugh.. i have heard that same beginning of the melody 
ALOT

from various tracks from the 70's  80's...as well as the general
arrangements in that trackmy opinion...and maybe you can all laugh
at me when someone sue's UR ...but i don't think it will happen

michael
www.renegaderhythms.com








Matt MacQueen wrote:


On Monday, August 4, 2003, at 06:23 PM, Matt MacQueen wrote:


no one has mentioned the possibility that they both sampled
strings from the same source and then flipped them differently.
obviously this house track was made during a period of sample
heavy marrs/coldcut influenced stuff. so its entirely possible the
strings are from an old song and that they both sampled the same
original track, just different parts and in different ways.


Interesting theory.  But I'd wager that the strings in Jaguar were
PLAYED, and are not a sample to begin with.  Esp. with that crazy 
solo

at the end.


Just to clarify I mean in Jaguar I bet they were PLAYED live on a
keyboard (which has a string patch or whatever), not played on an
actual real analog stringed instrument (a la Metro Area or Kelley 
Polar

Quartet).

peace
Matt MacQueen








RE: (313) Jaguar Strings on 80s House record?

2003-08-05 Thread David Powers
While technically this might be true, in reality almost ALL
compositions are copyright violations under this basis.  This is a built
in limitation of the finite tonal system most commonly used, which just
by chance is going to produce substantially similar patterns.
Millions of songs share four notes in common.  If this was enforced it
would prove just how ludicrous and inadequate our notions of
intellectual property really are.

The question in my mind is, I suppose all jazz musicians use of
quotation is legally parody; but, how do we know that the quote of
another song was made with a humorous intent?  How do we know they
weren't just ripping off the original?

I guess the less is, always claim your work is a parody if questioned.

_Dave 


-Original Message-
From: [EMAIL PROTECTED]
[mailto:[EMAIL PROTECTED] 
Sent: Monday, August 04, 2003 7:27 PM
To: David Powers
Cc: 313 list
Subject: Re: (313) Jaguar Strings on 80s House record?





Damn where do I start with this -
you need to learn a bit more about copyright issues, sampling and music
law, and fair use:

http://www.music-law.com/sampling.html
There is also a rumor going around that you can use four notes of any
song
under the fair use doctrine. There is no four note rule in the
copyright law. One note from a sound recording is a copyright violation.
Saturday Night Live was sued for using the jingle, I Love New York
which
is only four notes. The test for infringement is whether the sample is
substantially similar to the original. Remember, a judge or jury is
the
one who determines this and these people may be much less receptive to
your
music than your fans. My point is you cannot rely on fair use as a
defense.
_
http://law.freeadvice.com/intellectual_property/music_law/legality_sampl
ing.htm
Unauthorized sampling actually violates two potential legal rights.
First,
the instant you sample a portion of someone?s song (no matter how
small),
it constitutes a violation of the copyright in song itself - the C
symbol -
which is owned by the song writer or the music publisher. Second,
sampling
violates the sound recording copyright - the symbol - which is usually
owned by the record company or recording artist. Thus, sampling without
prior permission subjects the illegal copier to a copyright infringement
in
federal court by the original author (or publisher) and by the record
company.
__
http://law.freeadvice.com/intellectual_property/music_law/use_of_notes.h
tm
There are rumors that sampling only four notes is not copyright
infringement because it is protected as fair use. This notion of
reducing
copyright infringement down to the number of notes uses, however, is
simply
wrong. If you sample a single note, beat, or line from a sound recording
without permission, that constitutes copyright infringement. Under
current
US copyright law, unauthorized sampling - no matter how minimal or
seemingly innocuous- is usually not considered fair use.
Under US Copyright law, the true test for copyright infringement is not
the
number of notes sampled, but whether the sample is substantially
similar
to the original work. The other main questions is whether it should
qualify
as fair use.
In short, if you engage in unauthorized sampling and get sued by the
owners, don?t expect to prevail in court on a fair use defense if you
use
the songs commercially for your own private benefit.
__

http://fairuse.stanford.edu/Copyright_and_Fair_Use_Overview/chapter9/9-a
.html
In its most general sense, a fair use is any copying of copyrighted
material done for a limited and transformative purpose such as to
comment
upon, criticize or parody a copyrighted work. Such uses can be done
without
permission from the copyright owner. Another way of putting this is that
fair use is a defense against infringement. If your use qualifies under
the
definition above, and as defined more specifically later in this
chapter,
then your use would not be considered an illegal infringement.

So what is a transformative use? If this definition seems ambiguous or
vague, be aware that millions of dollars in legal fees have been spent
attempting to define what qualifies as a fair use. There are no
hard-and-fast rules, only general rules and varying court decisions.
That's
because the judges and lawmakers who created the fair use exception did
not
want to limit the definition of fair use. They wanted it--like free
speech--to have an expansive meaning that could be open to
interpretation.

Most fair use analysis falls into two categories: commentary and
criticism;
or parody.

1. Comment and Criticism

If you are commenting upon or critiquing a copyrighted work--for
instance,
writing a book review -- fair use principles allow you to reproduce some
of
the work to achieve your purposes. Some examples of commentary and
criticism include:

* quoting a few lines from a Bob Dylan song in a music review
* summarizing and quoting from a medical article on prostate cancer

RE: (313) Jaguar Strings on 80s House record?

2003-08-05 Thread David Powers
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

Re: (313) Jaguar Strings on 80s House record?

2003-08-05 Thread MM
wait a minute.this is what i am saying .the jaguar is NOT
sampled in my opinion, and everything i have figured out based on facts
make me think that it has NOT been sampledits just my opinion if
everyone wants to think that the Jaguar is sampled or copied ...let them
think that .. i believe what we have here is a case of the way
people play piano(synths and keyboards) and maybe subconscious influence
.. what i really meant i guess...is if you have ever talked to
mad mike about the jaguar you quickly realize that it wasn't just
another track.it is a real spiritual track for everyone at UR cause
of what it means to rolando , mike and crew.now after talking about
it for a bit and realizing thati would find it REAL hard that it
could be sampled knowing how important the record was to rolando
thats all i am saying . i am not going to have a 10 email contest of
words cause i will lose every time ...i am not the best writer on the
list thats for sure i just think its one big coincidence .i mean
more than one piano/keyboard player has hit the same 3 or 4 notes in a
row i am sure..and i think its funny that it has taken up this much
time on the list.


michael
www.renegaderhythms.com



Matt MacQueen wrote:
 
 Michael,
 Nahhh.  While I respect the levels that you have thought through all of
 this, all your analysis is based on the (weak, IMHO) assumption that
 Jaguar DOES sample that TCOY track, and I'm arguing that it *DOESN'T*.
 So everything else you conclude is based on that assumption, and it's
 not an assumption I buy whatsoever, so the rest of it to me is a moot
 point.
 
 I mean, go dig out Jaguar again and tell me that's a sample... IMHO
 there is no way.  Have you ever tried to sample stuff and use it in a
 track?  There's extraordinary difficulty in finding a clean enough
 version of that string part of the track to be able to sample it and
 make Jaguar with it.   Still, everyone's ears are subjective and it's
 something neither of us can conclusively prove one way or the other.
 :)
 
 cheers
 Matt MacQueen
 
 On Monday, August 4, 2003, at 07:56 PM,
 [EMAIL PROTECTED] wrote:
 
  Devil's Advocate -
  If you sampled a piece of music but never cleared it legally - and,
  knowing
  this, if it was discovered that you did sample the music and it leaked
  out
  you ran the very great risk of being sued - especially if you had a
  fairly
  high profile court case over that same piece of music - would *you*
  tell
  anyone that you used a uncleared sample in the music?
 
  since I wasn't there during your conversation I don't know exactly
  what you
  talked about except for what you mentioned below, however, I noticed
  that
  you said, he
  told me about alot of other elements in the track. So did he not tell
  you
  about _this_ particular element? I'll proceed then to ask if he didn't
  could it be because it was a sample?
 
  end Devil's Advocate
  
 
  personally, I don't care if it's Mad Mike or George Michael - if it
  was a
  sample, some is owed some money. It should be a level playing field.
 
  I'm not a musicologist but I do deal with this sh*t every day and they
  sound suspiciously similar. Accidental or not - that's not a defense
  anymore. If you pull onto a road and don't see a speed limit sign and
  then
  decide to floor the gas pedal, that doesn't mean you aren't breaking
  the
  law. If you have accidentally infringed upon someone else's copyright
  - the
  prosecution has the right to ask that you remove all offending material
  from the market and you can still owe them a truck load of money.
 
  MEK
 
 
 
 
MM
[EMAIL PROTECTED]To:   Matt MacQueen
  [EMAIL PROTECTED]
thms.comcc:
  [EMAIL PROTECTED], 313@hyperreal.org,
 
  [EMAIL PROTECTED]
08/04/03 07:06 PMSubject:  Re: (313)
  Jaguar Strings on 80s House record?
 
 
 
 
 
 
  so let me get all of this correct...according to everyone here on
  this list the general opinion is that UR and rolando sampled this TCOY
  track  and did not make it them selfs.man with all of the
  bullshit that surrounded the jaguar you think someone  else would have
  dug this up if it was truebut its probably not true. the
  last time i was in detroit i talked with mike for a good long time like
  7 hours...and its kinda funny we talked about the jaguar...and he never
  mentioned that he or rolando sampled a record to make it...i mean he
  told me about alot of other elements in the trackunless of course
  he
  was lying ..in order for UR to have sampled that track then it
  would
  mean that Mad Mike and the rest of UR were lying to everyone in the
  world.I THINK NOTif the track sounds like it then its probably
  a
  coincidence ...but i doubt that UR would put on this elaborate hoax to
  fool everyone.lets

Re: (313) Jaguar Strings on 80s House record?

2003-08-05 Thread Thomas D. Cox, Jr.
-- Original Message --
From: Matt MacQueen [EMAIL PROTECTED]

I mean, go dig out Jaguar again and tell me that's a sample... 
IMHO 
there is no way.  Have you ever tried to sample stuff and use it 
in a 
track?  There's extraordinary difficulty in finding a clean 
enough 
version of that string part of the track to be able to sample it 
and 
make Jaguar with it

the jungle producer adam f replayed a big chuck of a bob james 
track (nautilus i think it was) and turned it into a jungle tune 
that got released on a major and AFAIK didnt get sample clearance. 
so you dont necessarily need to have it clean.

tom 


andythepooh.com


 
   


Re: (313) Jaguar Strings on 80s House record?

2003-08-05 Thread Thomas D. Cox, Jr.
-- Original Message --
From: MM [EMAIL PROTECTED]

now after talking about
it for a bit and realizing thati would find it REAL hard that 
it
could be sampled knowing how important the record was to 
rolando
thats all i am saying . 

now youre making value judgements on sampled music. the idea 
of stealing melodies and rhythms and so on from other songs is 
an important part of the black music continuum. i dont think that 
a sampled bit or a replayed bit would make the song any 
less spiritual for anyone. 

tom 


andythepooh.com


 
   


Re: (313) Jaguar Strings on 80s House record?

2003-08-05 Thread Matt MacQueen



I mean, go dig out Jaguar again and tell me that's a sample...

IMHO there is no way.  Have you ever tried to sample stuff and use it
in a

track?  There's extraordinary difficulty in finding a clean

enough

version of that string part of the track to be able to sample it

and

make Jaguar with it.


On Monday, August 4, 2003, at 09:58 PM, Thomas D. Cox, Jr. wrote:

the jungle producer adam f replayed a big chuck of a bob james
track (nautilus i think it was) and turned it into a jungle tune
that got released on a major and AFAIK didnt get sample clearance.
so you dont necessarily need to have it clean.


True, if you want to play it back wholesale like Adam F did.  It's in 
the sample: do they life the whole phrase, (with several instruments in 
the lifted segment at once, [drums, strings, horns, etc.])  or do you 
lift a fragment of an instrument when it is left out in the open (in 
this case, some have said the string sound) and sample it so you play 
it back in a different melody  -- and also use that same string sound 
to somehow create that  extremely elaborate solo at the end).  It's 
just not the case here that listening to Jaguar it could have been 
constructed from a wholesale chunk sample of the TCOY track.


Again your Adam F example makes sense in most cases, sure, you don't 
have something clean to sample it.  But in the case of the argument 
that says Jaguar is sampled, find me the loop of TCOY in Jaguar that 
was lifted straight-up like that... there isn't one.



peace
Matt MacQueen

ps - Adam F also makes a cool track on that same LP that samples all 
different parts from Miles Davis Bitches Brew (forgot which track) 
that is almost like a homage to it... extremely obvious, long whoelsale 
lifted parts. But with great beats underneath, I like it, Miles crazy 
muted trumpet blasting out and the spooky fog of the electric 
piano/organ sounds.  For the record I have nothing against sampling at 
all, I just truly don't think Jaguar had anything to do with the TCOY 
track, and it pains me to see the assumptions based on those 
assumptions.




Re: (313) Jaguar Strings on 80s House record?

2003-08-05 Thread Jari Tolkkinen
On Mon, 4 Aug 2003, 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
 

Doesn't the piano there sound just like SL2's Changing tracks? I once 
found one other track which had the exact same melody as Changing 
tracks but I can't remember the name or the artists of that tune :/

-
Jari Tolkkinen | dj ken-guru | http://www.labra.com/~ken-guru
-




Re: (313) Jaguar Strings on 80s House record?

2003-08-05 Thread Phonopsia
- Original Message - 
From: Matt MacQueen [EMAIL PROTECTED]
To: [EMAIL PROTECTED]
Cc: MM [EMAIL PROTECTED]; 313@hyperreal.org;
[EMAIL PROTECTED]
Sent: Tuesday, August 05, 2003 2:27 AM
Subject: Re: (313) Jaguar Strings on 80s House record?


 I mean, go dig out Jaguar again and tell me that's a sample... IMHO
 there is no way.  Have you ever tried to sample stuff and use it in a
 track?  There's extraordinary difficulty in finding a clean enough
 version of that string part of the track to be able to sample it and
 make Jaguar with it.   Still, everyone's ears are subjective and it's
 something neither of us can conclusively prove one way or the other.
 :)


Exactly. If someone doesn't want to buy that it can't be a sample based on
technical or melodic considertions, the argument remains the two ships
passing in the night that it is. However, there is
99.9% no way it could have been sampled, either
because of the derth of other sounds cluttering those strings throughout, or
because (to my ears), there is not a single point in the original where a
string plays 1 sustained monotone note, and if you sample the chord, you
can't reconstruct a 'normal' sounding chord out of where it came from, which
is precisely how Jaguar is constructed. This is a hard-fast technical
limitation of sampling in my experience, unless there is something huge I am
missing. It's chords throughout, except for maybe that little 5-note trill
that everyone's sweating at the beginning of the phrase, which no one is
disputing sounds nearly identical, but that doesn't mean it's a sample, for
all the reasons above.

Pedant #85372672904321
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RE: (313) Jaguar Strings on 80s House record?

2003-08-05 Thread Jongsma, K.J.

 
  I mean, go dig out Jaguar again and tell me that's a sample... IMHO
  there is no way.  Have you ever tried to sample stuff and 
 use it in a
  track?  There's extraordinary difficulty in finding a clean enough
  version of that string part of the track to be able to sample it and
  make Jaguar with it.   Still, everyone's ears are 
 subjective and it's
  something neither of us can conclusively prove one way or the other.
  :)
 
 
 Exactly. If someone doesn't want to buy that it can't be a 
 sample based on
 technical or melodic considertions, the argument remains the two ships
 passing in the night that it is. However, there is
 99.9% no way it could have been 
 sampled, either
 because of the derth of other sounds cluttering those strings 
 throughout, or
 because (to my ears), there is not a single point in the 
 original where a
 string plays 1 sustained monotone note, and if you sample the 
 chord, you
 can't reconstruct a 'normal' sounding chord out of where it 
 came from, which
 is precisely how Jaguar is constructed. This is a hard-fast technical
 limitation of sampling in my experience, unless there is 
 something huge I am
 missing. It's chords throughout, except for maybe that little 
 5-note trill
 that everyone's sweating at the beginning of the phrase, 
 which no one is
 disputing sounds nearly identical, but that doesn't mean it's 
 a sample, for
 all the reasons above.

Also the string sound used is probably some standard preset sound, the short
riddle in the start is done by so many people more, it is not something that
is so original it is in thousands of other records, so it uses the same
chords, so what? That is just a basic musical training. The submerge people
are musically enough that they could play this string the way they did.
Assuming that this is ripped (or sampled) is just as bizzare as accusing
Derrick May from ripping some old eighties track just because he used the
lately bass


KJ

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Re: (313) Jaguar Strings on 80s House record?

2003-08-05 Thread alex . bond
 the jungle producer adam f replayed a big chuck of a bob james
 track (nautilus i think it was) and turned it into a jungle tune
 that got released on a major and AFAIK didnt get sample clearance.

Hmm. I can't believe that - big labels are usually pretty weary of things
like that - even if the track is perceived as underground, or the sample is
well disguised. It's far cheaper to pay for the sample than to face the
consequences after.

anyway, I was wondering - why all the fuss even if Rolando used a sample?
some of UR's finest moments have pretty big chunks of samples in.

does it matter?

oh, and one more thing! Mike Pickering - yep, OK, he did M-People, but I
think he's made his contribution - 52nd Street anyone? Good Factory band,
innovative etc. Give him a break

my 2p's worth anyway.

_

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RE: (313) Jaguar Strings on 80s House record?

2003-08-05 Thread Ryan Snowden
Mark All as Read

|-Original Message-
|From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] 
|Sent: 05 August 2003 08:53
|To: 313@hyperreal.org
|Subject: Re: (313) Jaguar Strings on 80s House record?
|
|
| the jungle producer adam f replayed a big chuck of a bob james
| track (nautilus i think it was) and turned it into a jungle 
|tune that 
| got released on a major and AFAIK didnt get sample clearance.
|
|Hmm. I can't believe that - big labels are usually pretty 
|weary of things like that - even if the track is perceived as 
|underground, or the sample is well disguised. It's far cheaper 
|to pay for the sample than to face the consequences after.
|
|anyway, I was wondering - why all the fuss even if Rolando 
|used a sample? some of UR's finest moments have pretty big 
|chunks of samples in.
|
|does it matter?
|
|oh, and one more thing! Mike Pickering - yep, OK, he did 
|M-People, but I think he's made his contribution - 52nd Street 
|anyone? Good Factory band, innovative etc. Give him a break
|
|my 2p's worth anyway.
|
|_
|
|- End of message text 
|
|This e-mail is sent by the above named in their
|individual, non-business capacity and is not on
|behalf of PricewaterhouseCoopers.
|
|PricewaterhouseCoopers may monitor outgoing and incoming 
|e-mails and other telecommunications on its e-mail and 
|telecommunications systems. By replying to this e-mail you 
|give your consent to such monitoring
|
|
|


RE: (313) Jaguar Strings on 80s House record?

2003-08-05 Thread Mann, Ravinder [CCS]
Yes I remember them 'Tell me how it Feels'  

Mind you there were a couple of nice 'pop house' tracks on the first
M-People record.

Yes give the man a break he virtualy brought House Music to the Hacienda way
back...and possibly opened many a door to the UK dance scene, expecially in
the North were the music was more soulful than the acid beats of the south.


oh, and one more thing! Mike Pickering - yep, OK, he did M-People, but I
think he's made his contribution - 52nd Street anyone? Good Factory band,
innovative etc. Give him a break

my 2p's worth anyway.

_

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individual, non-business capacity and is not on
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(313) Jaguar Strings on 80s House record?

2003-08-04 Thread Kent williams
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



Re: (313) Jaguar Strings on 80s House record?

2003-08-04 Thread Klaas-Jan Jongsma
Well they use the same (Oberheim?) synth for sure, but that is where 
the comparison ends i think?


KJ


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





RE: (313) Jaguar Strings on 80s House record?

2003-08-04 Thread Christian Bloch

|-Original Message-
|From: Klaas-Jan Jongsma [mailto:[EMAIL PROTECTED] 
|
|
|Well they use the same (Oberheim?) synth for sure, but that is where 
|the comparison ends i think?
|

maybe if you're tone-deaf :) in two distinct places, the melody is,
note-by-note, an excact copy. that being said, Knights of the Jaguar
is obviously a much better track, with much better strings.

Christian Bloch
http://christianbloch.com



Re: (313) Jaguar Strings on 80s House record?

2003-08-04 Thread Michael . Elliot-Knight




I think most musicologists would argue the opposite Ken - those string
lines aren't generic, because they are recognizable parts of another song -
the 80s track - and they do not depend on context for distinctiveness -
because you can recognize those strings when they are used in another song
(Knights of the Jaguar) and ID them as being used in a source song (the
80s track - what is the title of it by the way?).

If this wasn't the case I could lift the bassline from Michael Jackson's
Billy Jean and get away with it AND nobody would know where the bassline
is from. Which I highly doubt.

Just like you can ID the pump up the volume vocal as being used in
M/A/R/R/S and sourced from Eric B.  Rakim

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 PMSubject:  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
 







Re: (313) Jaguar Strings on 80s House record?

2003-08-04 Thread ::P
not to mention that part of it sounds REALLY close to the bassline in no
UFOs

(at least I think thats the track)



- Original Message - 
From: ian cheshire [EMAIL PROTECTED]
To: Christian Bloch [EMAIL PROTECTED]; '313 list'
313@hyperreal.org
Sent: Monday, August 04, 2003 2:15 PM
Subject: RE: (313) Jaguar Strings on 80s House record?


 I agree totally :)

 -Original Message-
 From: Christian Bloch [mailto:[EMAIL PROTECTED]
 Sent: 04 August 2003 19:03
 To: '313 list'
 Subject: RE: (313) Jaguar Strings on 80s House record?



 |-Original Message-
 |From: Klaas-Jan Jongsma [mailto:[EMAIL PROTECTED]
 |
 |
 |Well they use the same (Oberheim?) synth for sure, but that is where
 |the comparison ends i think?
 |

 maybe if you're tone-deaf :) in two distinct places, the melody is,
 note-by-note, an excact copy. that being said, Knights of the Jaguar
 is obviously a much better track, with much better strings.

 Christian Bloch
 http://christianbloch.com

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Re: (313) Jaguar Strings on 80s House record?

2003-08-04 Thread stewart
Ha, I bet Sony and BMG would have loved to have tried to pull this one out the 
bag when they were wrangling with UR!

- Original Message - 
From: [EMAIL PROTECTED]
To: Kent williams [EMAIL PROTECTED]
Cc: 313 list 313@hyperreal.org
Sent: Monday, August 04, 2003 7:37 PM
Subject: Re: (313) Jaguar Strings on 80s House record?


 
 
 
 
 I think most musicologists would argue the opposite Ken - those string
 lines aren't generic, because they are recognizable parts of another song -
 the 80s track - and they do not depend on context for distinctiveness -
 because you can recognize those strings when they are used in another song
 (Knights of the Jaguar) and ID them as being used in a source song (the
 80s track - what is the title of it by the way?).
 
 If this wasn't the case I could lift the bassline from Michael Jackson's
 Billy Jean and get away with it AND nobody would know where the bassline
 is from. Which I highly doubt.
 
 Just like you can ID the pump up the volume vocal as being used in
 M/A/R/R/S and sourced from Eric B.  Rakim
 
 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 PMSubject:  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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Re: (313) Jaguar Strings on 80s House record?

2003-08-04 Thread Phonopsia
- Original Message - 
From: Kent williams [EMAIL PROTECTED]
To: 313 list 313@hyperreal.org
Sent: Monday, August 04, 2003 6:48 PM
Subject: (313) Jaguar Strings on 80s House record?


 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

Sounds like it's the same synth patch with some melodic inspiration. Cool to
hear it!

Tristan
===
Text/Mixes/Pics: http://www.phonopsia.co.uk
Music: http://www.mp313.com
Contact: [EMAIL PROTECTED]




Re: (313) Jaguar Strings on 80s House record?

2003-08-04 Thread Klaas-Jan Jongsma


On maandag, aug 4, 2003, at 20:08 Europe/Amsterdam, Kent williams wrote:

It also is note for note the same as the beginning couple of bars of 
the

strings in Jaguar ... just interesting to compare.


Oh sure but i think that it so more a coincident, i once got accused by 
someone for copying a melody from a Joy Division record once. I never 
realized it until i heard them played bak to back and i had to agree 
that my track sounded a lot like that Joy Division track :)


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









Re: (313) Jaguar Strings on 80s House record?

2003-08-04 Thread David Powers
Do the strings appear by themselves in the original house tune?
_Dave

-- Original Message -
Subject: Re: (313) Jaguar Strings on 80s House record?
Date: Mon, 4 Aug 2003 13:37:28 -0500
From: [EMAIL PROTECTED]
To: Kent williams [EMAIL PROTECTED]






I think most musicologists would argue the opposite Ken - those string
lines aren't generic, because they are recognizable parts of another song -
the 80s track - and they do not depend on context for distinctiveness -
because you can recognize those strings when they are used in another song
(Knights of the Jaguar) and ID them as being used in a source song (the
80s track - what is the title of it by the way?).

If this wasn't the case I could lift the bassline from Michael Jackson's
Billy Jean and get away with it AND nobody would know where the bassline
is from. Which I highly doubt.

Just like you can ID the pump up the volume vocal as being used in
M/A/R/R/S and sourced from Eric B.  Rakim

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 PMSubject:  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
 









Re: (313) Jaguar Strings on 80s House record?

2003-08-04 Thread Michael . Elliot-Knight




You're kidding right? A coincidence? Everything in that string bit is in
Jaguar -even how the notes waver before the descending notes come in.
This more than sounds  a lot like it - the strings in Jaguar clearly is a
sample of that track with maybe a tempo change (and maybe extra
accompaniment over and under to fatten up the sound). Or, it was
reperformed by Rolando using the same keyboard practically note for note -
would be too many coincidences to be a coincidence if you know what I mean.

TCoy probably wouldn't do anything about it because of the use of Eric B. 
Rakim, in the Carino track, would cost a lot more to licence and TCoy would
most likely get sued in turn if Eric B  Rakim knew about it. So, I'm sure
the producer of Carino, if they are alive still, are keeping real quiet and
not bothering with taking any action against Rolando if UR didn't clear it.
This is all a moot point if Rolando/UR cleared it all with the owners of
Carino. Whether that be the performance and the publishing (if it was a
sample) or just the publishing (if Rolando re-performed the section used).

Either way, both tunes are cool and I do hope that UR has got their bases
covered on this.

MEK




   
  Klaas-Jan Jongsma 
   
  [EMAIL PROTECTED]To:   Kent williams [EMAIL 
PROTECTED]   
  .nl cc:   313 list 
313@hyperreal.org  
   Subject:  Re: (313) Jaguar 
Strings on 80s House record?   
  08/04/03 01:13 PM 
   

   

   





On maandag, aug 4, 2003, at 20:08 Europe/Amsterdam, Kent williams wrote:

 It also is note for note the same as the beginning couple of bars of
 the
 strings in Jaguar ... just interesting to compare.

Oh sure but i think that it so more a coincident, i once got accused by
someone for copying a melody from a Joy Division record once. I never
realized it until i heard them played bak to back and i had to agree
that my track sounded a lot like that Joy Division track :)

 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









Re: (313) Jaguar Strings on 80s House record?

2003-08-04 Thread Andrew
I suppose someone should tell Mike Pickering (latterly of M People) - he
produced it. In fact, f*ck that, he owes the world of music more than
enough! Ha ha.

- Original Message -
From: [EMAIL PROTECTED]
To: Klaas-Jan Jongsma [EMAIL PROTECTED]
Cc: 313 list 313@hyperreal.org; Kent williams [EMAIL PROTECTED]
Sent: Monday, August 04, 2003 10:08 PM
Subject: Re: (313) Jaguar Strings on 80s House record?






 You're kidding right? A coincidence? Everything in that string bit is in
 Jaguar -even how the notes waver before the descending notes come in.
 This more than sounds  a lot like it - the strings in Jaguar clearly is
a
 sample of that track with maybe a tempo change (and maybe extra
 accompaniment over and under to fatten up the sound). Or, it was
 reperformed by Rolando using the same keyboard practically note for note -
 would be too many coincidences to be a coincidence if you know what I
mean.

 TCoy probably wouldn't do anything about it because of the use of Eric B.

 Rakim, in the Carino track, would cost a lot more to licence and TCoy
would
 most likely get sued in turn if Eric B  Rakim knew about it. So, I'm sure
 the producer of Carino, if they are alive still, are keeping real quiet
and
 not bothering with taking any action against Rolando if UR didn't clear
it.
 This is all a moot point if Rolando/UR cleared it all with the owners of
 Carino. Whether that be the performance and the publishing (if it was a
 sample) or just the publishing (if Rolando re-performed the section used).

 Either way, both tunes are cool and I do hope that UR has got their bases
 covered on this.

 MEK




   Klaas-Jan Jongsma
   [EMAIL PROTECTED]To:   Kent williams
[EMAIL PROTECTED]
   .nl cc:   313 list
313@hyperreal.org
Subject:  Re: (313)
Jaguar Strings on 80s House record?
   08/04/03 01:13 PM







 On maandag, aug 4, 2003, at 20:08 Europe/Amsterdam, Kent williams wrote:

  It also is note for note the same as the beginning couple of bars of
  the
  strings in Jaguar ... just interesting to compare.

 Oh sure but i think that it so more a coincident, i once got accused by
 someone for copying a melody from a Joy Division record once. I never
 realized it until i heard them played bak to back and i had to agree
 that my track sounded a lot like that Joy Division track :)

  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
 
 
 







Re: (313) Jaguar Strings on 80s House record?

2003-08-04 Thread Sakari Karipuro
[EMAIL PROTECTED] wrote on Mon, 4 Aug 2003 about following:

 most likely get sued in turn if Eric B  Rakim knew about it. So, I'm sure
 the producer of Carino, if they are alive still, are keeping real quiet and

it's mike pickering if my memory serves right. (better known also as 
part of m-people)


sakke
-- 
Timing must be perfect now.  Two-timing must be better than perfect.
http://www.arabuusimiehet.com/sakke/


Re: (313) Jaguar Strings on 80s House record?

2003-08-04 Thread Greg Earle
KJ wrote:
 It also is note for note the same as the beginning couple of bars of 
 the strings in Jaguar ... just interesting to compare.
 
 Oh sure but I think that it's more a coincidence, I once got accused by 
 someone for copying a melody from a Joy Division record once.  I never 
 realized it until I heard them played back to back and I had to agree
 that my track sounded a lot like that Joy Division track :)

More Fun With Wholescale Lifted Samples:

Play Joy Division's As You Said (unnamed instrumental track on the 
Joy Division flexi alongside Komakino and Incubation).

Then play Steely Dan's Rikki Don't Lose That Number.

Then play Meat Beat Manifesto's Hello Teenage America.  :-)

(No, I don't know what this has to do with 313, either ... sorry, I'll shut
 up now.)

- Greg




Re: (313) Jaguar Strings on 80s House record?

2003-08-04 Thread sean deason
The Billyjean bassline is from Billy Oceans Carribean Queen BTW :^)

- Original Message - 
From: [EMAIL PROTECTED]
To: Kent williams [EMAIL PROTECTED]
Cc: 313 list 313@hyperreal.org
Sent: Monday, August 04, 2003 1:37 PM
Subject: Re: (313) Jaguar Strings on 80s House record?






 I think most musicologists would argue the opposite Ken - those string
 lines aren't generic, because they are recognizable parts of another
song -
 the 80s track - and they do not depend on context for distinctiveness -
 because you can recognize those strings when they are used in another song
 (Knights of the Jaguar) and ID them as being used in a source song (the
 80s track - what is the title of it by the way?).

 If this wasn't the case I could lift the bassline from Michael Jackson's
 Billy Jean and get away with it AND nobody would know where the bassline
 is from. Which I highly doubt.

 Just like you can ID the pump up the volume vocal as being used in
 M/A/R/R/S and sourced from Eric B.  Rakim

 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
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313@hyperreal.org
cc:
   08/04/03 01:08 PMSubject:  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
  
 







Re: (313) Jaguar Strings on 80s House record?

2003-08-04 Thread Matt MacQueen

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


You know after listening to this twice I think they're similar in sound 
and some but not so much so that one was a note by note copy, no way. 
 And perhaps not even an influence...  I mean IMHO a person could have 
absolutely written Jaguar without ever hearing this.. call me crazy.


peace
Matt MacQueen



RE: (313) Jaguar Strings on 80s House record?

2003-08-04 Thread Jernej Marusic


 -Original Message-
 From: [EMAIL PROTECTED] 
 [mailto:[EMAIL PROTECTED] 
 Sent: 4. avgust 2003 23:08
 To: Klaas-Jan Jongsma
 Cc: 313 list; Kent williams
 Subject: Re: (313) Jaguar Strings on 80s House record?
 
 You're kidding right? A coincidence? Everything in that 
 string bit is in
 Jaguar -even how the notes waver before the descending notes come in.
 This more than sounds  a lot like it - the strings in 
 Jaguar clearly is a
 sample of that track with maybe a tempo change (and maybe extra
 accompaniment over and under to fatten up the sound). Or, it was
 reperformed by Rolando using the same keyboard practically 
 note for note -
 would be too many coincidences to be a coincidence if you 
 know what I mean.

Well from listening to this strings for a couple of times, I can tell that
at the beginning they start the same as jaguar but than it gets different
really quickly. Than at another point there's another part that sounds the
same as jaguar strings for a bit longer but than gets different again. 
So Rolando probably did get inspiration from this track, but even if he did
he changed the strings quite allot beyond those couple starting notes, so he
deffinitely didn't sampel them. Also that note waver is quite generic and
I've heard it, or really simialar, used in many different melodies (I think
I've also heard it in a couple of old movie soundtracks).


Jernej
www.soundoflj.com/octex




Re: (313) Jaguar Strings on 80s House record?

2003-08-04 Thread David Powers
Hi,
If it's not a sample there shouldn't be any problem.  It's not possible to 
copyright just a fragment of a melody really, as far as I have ever heard.  The 
essential question would have to be raised, does that string line encompass the 
essence of both songs, or if the additional parts in each song make them 
essentially two different compositions.

After all, no one has ever claimed a jazz musician has to get copyright 
clearance when they quote a fragment of a popular song in the middle of their 
solo.  That is arguably fair use, but I've never heard of a court case over 
this issue.  By the way, in classical music the concept of theme and variations 
is based precisely on writing a new composition over someone's melody, and 
there are many other examples of borrowing melodies too (check Mahler's first 
symphony or Ives!).  So I think history would support an argument of fair use 
of a melody in a new compositions, as long as the new composition is not a 
derivative work, which would be protected by copyright law.  Of course, who 
knows what you could get a judge to buy who had little understanding of music.

_Dave

-- Original Message -
Subject: Re: (313) Jaguar Strings on 80s House record?
Date: Mon, 4 Aug 2003 16:08:14 -0500
From: [EMAIL PROTECTED]
To: Klaas-Jan Jongsma [EMAIL PROTECTED]






You're kidding right? A coincidence? Everything in that string bit is in
Jaguar -even how the notes waver before the descending notes come in.
This more than sounds  a lot like it - the strings in Jaguar clearly is a
sample of that track with maybe a tempo change (and maybe extra
accompaniment over and under to fatten up the sound). Or, it was
reperformed by Rolando using the same keyboard practically note for note -
would be too many coincidences to be a coincidence if you know what I mean.

TCoy probably wouldn't do anything about it because of the use of Eric B. 
Rakim, in the Carino track, would cost a lot more to licence and TCoy would
most likely get sued in turn if Eric B  Rakim knew about it. So, I'm sure
the producer of Carino, if they are alive still, are keeping real quiet and
not bothering with taking any action against Rolando if UR didn't clear it.
This is all a moot point if Rolando/UR cleared it all with the owners of
Carino. Whether that be the performance and the publishing (if it was a
sample) or just the publishing (if Rolando re-performed the section used).

Either way, both tunes are cool and I do hope that UR has got their bases
covered on this.

MEK




   
  Klaas-Jan Jongsma 
   
  [EMAIL PROTECTED]To:   Kent williams [EMAIL 
PROTECTED]   
  .nl cc:   313 list 
313@hyperreal.org  
   Subject:  Re: (313) Jaguar 
Strings on 80s House record?   
  08/04/03 01:13 PM 
   

   

   





On maandag, aug 4, 2003, at 20:08 Europe/Amsterdam, Kent williams wrote:

 It also is note for note the same as the beginning couple of bars of
 the
 strings in Jaguar ... just interesting to compare.

Oh sure but i think that it so more a coincident, i once got accused by
someone for copying a melody from a Joy Division record once. I never
realized it until i heard them played bak to back and i had to agree
that my track sounded a lot like that Joy Division track :)

 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