JGBE Virtual Jam (Round 35) - Solar

[ragman1]

all hairs were cut.

I used to have a girlfriend who, when I said I was going to get my hair cut, said 'Which one?'. I suppose she thought that was funny. It was :-)

[wzpgsr]

My last take of "Solar" after great vacation in Greece/I/ve got a lot of "Solar" energy/...:-)
Hope you like it:

Box

Attachment 84540

It’s pretty quiet. What audio interface are you using?

[grahambop]

More fool him, then.

Especially as he had 17 years in which to get round to it! He made that acetate recording in 1946, but Prestige Music did not register the copyright to Miles Davis until 1963.

I guess Chuck was one of those people who just keep putting things off...

[John A.]

Especially as he had 17 years in which to get round to it! He made that acetate recording in 1946, but Prestige Music did not register the copyright to Miles Davis until 1963.

I guess Chuck was one of those people who just keep putting things off...

Actually, Wayne's having recorded it earlier established his copyright. Registering a composition with the US Patent Office is not necessary to establish authorship. Setting the work down in a tangible medium is sufficient. Registering it helps establish a timeline if it comes down to a lawsuit, but is not necessary legally.

The fact that Wayne recorded it and that people in the business knew that he had and acknowledged it as Wayne's tune before Davis published Solar would have made for a strong infringement case. I don't know why Wayne didn't pursue that, but it isn't because he had lost the right to.

[wzpgsr]

I learned an important lesson about fretboard knowledge last night. I pulled a little unplanned lick out of my rear-end that I liked, so I transcribed it later in my practice. Turns out it was in a fingering I don’t practice that much, but I can sort of hack my through the weeds if I fall into them. Thing is, this lick is not something I think could be played comfortably on the guitar in my comfort positions.

[John A.]

I used to have a girlfriend who, when I said I was going to get my hair cut, said 'Which one?'. I suppose she thought that was funny. It was :-)

I know a couple of people who use this quip. I've actually been shaving my head regularly for a while. You more likely are taking notice of my limited follicular recovery than my biweekly mowing, but thanks for noticing all the same. And I did not steal the idea of shaving my head from Miles.

[TOMMO]

And I did not steal the idea of shaving my head from Miles.

This guy then?:



Maybe Miles not only "borrowed" two tunes from him but the idea of a clean head as well...

[kris]

It’s pretty quiet. What audio interface are you using?

Balance Propellerhead.

[wzpgsr]

Balance Propellerhead.

Bad joke, sorry. It was just a photo.

[grahambop]

Bad joke, sorry. It was just a photo.

The ‘box’ link in kris’ post (just above the photo link) is actually a link to his mp3 recording.

Admittedly it’s not very obvious, it would be better if the link showed the mp3 file description or something, I don’t know if that is a limitation of the ‘box’ website.

[wzpgsr]

The ‘box’ link in kris’ post (just above the photo link) is actually a link to his mp3 recording.

Admittedly it’s not very obvious, it would be better if the link showed the mp3 file description or something, I don’t know if that is a limitation of the ‘box’ website.

Joke's on me! Nice take, Kris.

The CmM7 is a really powerful chord--I am noticing in your take that I can "hear" the influence of the mM7 chord sort of "pulling" on your playing, even though the chord itself only occurs in the first two bars. Maybe this is part of what Reg means when he says that a given chord can "imply" other harmonies.

[ragman1]

Actually, Wayne's having recorded it earlier established his copyright. Registering a composition with the US Patent Office is not necessary to establish authorship. Setting the work down in a tangible medium is sufficient. Registering it helps establish a timeline if it comes down to a lawsuit, but is not necessary legally.

The fact that Wayne recorded it and that people in the business knew that he had and acknowledged it as Wayne's tune before Davis published Solar would have made for a strong infringement case. I don't know why Wayne didn't pursue that, but it isn't because he had lost the right to.

Absolutely, the authorship of that tune couldn't possibly be in doubt. I think the question later was whether, as it wasn't registered in his name, he could make any claims to its being used by others. Mind you, being used is one thing, somebody else putting their name to it is another.

There's probably a timeline on this. Was Chuck still alive and hearty when Miles' name appeared as the author? Or did he just think it wasn't worth the hassle? Rhetorical question, of course, unless a friend/wife/somebody else knows for certain.

[grahambop]

Chuck didn’t dare go up against the Prince of Darkness...

[grahambop]

Yeah it’s odd, Miles recorded it in 1954, I think it then became a ‘jazz standard’ - you’d think Chuck would want to try and register it at that point to get some royalties on the composition. He was still active in the 50s and 60s I believe.

Wikipedia says he was a staff guitarist at CBS during the 1960s - maybe that was a reasonable source of income, so he wasn’t bothered about a few royalties. But I don’t know really.

Maybe sgcim on this forum would know something about it, he’s pretty knowledgeable on guys like Chuck Wayne.

[kris]

Bad joke, sorry. It was just a photo.

Good one.....
My audio interface only mutes large planes....:-)

[John A.]

Absolutely, the authorship of that tune couldn't possibly be in doubt. I think the question later was whether, as it wasn't registered in his name, he could make any claims to its being used by others. Mind you, being used is one thing, somebody else putting their name to it is another.

There's probably a timeline on this. Was Chuck still alive and hearty when Miles' name appeared as the author? Or did he just think it wasn't worth the hassle? Rhetorical question, of course, unless a friend/wife/somebody else knows for certain.

At the risk of going too far down this rabbit hole under US copyright law there is no need to "register" a work. An original work is legally protected by copyright as soon as it's set down in a tangible medium (such as paper or recording tape). Registering it establishes that an author said "look here, this is mine!" at a certain point in time, and it is a useful piece of evidence in an infringement case. But it doesn't do anything in and of itself financially.

To get royalties for Solar, Wayne would have had to sue Davis and/or his publisher, which he could have done without registering the composition with the Copyright Office. In that suit, he would have had to prove that his song came first, that Davis' song was substantially similar, and that Davis was aware of Wayne's prior work. Those elements are not easy to prove, and it's expensive to bring a lawsuit.

[PMB]

Yeah it’s odd, Miles recorded it in 1954, I think it then became a ‘jazz standard’ - you’d think Chuck would want to try and register it at that point to get some royalties on the composition. He was still active in the 50s and 60s I believe.

Wikipedia says he was a staff guitarist at CBS during the 1960s - maybe that was a reasonable source of income, so he wasn’t bothered about a few royalties. But I don’t know really.

Maybe sgcim on this forum would know something about it, he’s pretty knowledgeable on guys like Chuck Wayne.

Chuck was still playing up until the early '90s. He did confront Miles angrily once about the situation at a gig but Diane told me that neither she nor Chuck felt that they'd have much luck making a legal case against the Miles Davis Estate.

[Ronstuff]

This has been one of my favorite tunes for quite a while, yet it's been some time since I've played it.
Archtop is getting a setup so got a Tele for this one.

[ragman1]

At the risk of going too far down this rabbit hole under US copyright law there is no need to "register" a work.

I know that. It's the same here. If it's perfectly obvious who wrote something there's no need for pedantic measures, the law will accept it.

To get royalties for Solar, Wayne would have had to sue Davis and/or his publisher, which he could have done without registering the composition with the Copyright Office. In that suit, he would have had to prove that his song came first, that Davis' song was substantially similar, and that Davis was aware of Wayne's prior work. Those elements are not easy to prove, and it's expensive to bring a lawsuit.

That why I suggested suing in a previous post, even if they're both dead!

JGBE Virtual Jam (Round 35) - Solar

[ragman1]

neither she nor Chuck felt that they'd have much luck making a legal case against the Miles Davis Estate.

Not sure I believe that, it was open and shut. There would have been other reasons.

[John A.]

I know that. It's the same here. If it's perfectly obvious who wrote something there's no need for pedantic measures, the law will accept it.



That why I suggested suing in a previous post, even if they're both dead!

JGBE Virtual Jam (Round 35) - Solar

I strongly endorse suing dead people. Voting them into office, too.

[mr. beaumont]

I strongly endorse suing dead people. Voting them into office, too.

In Chicago, its the dead folks that do the voting.

Vote EARLY and OFTEN!

[wzpgsr]

A little quicker now. Low production quality. More playing, less time fussin'.

[John A.]

OK, so here's another. When I mixed this down form Garageband to iTunes I listed the composer as Chuck Wayne. Everybody feel better now?

[kris]

A little quicker now. Low production quality. More playing, less time fussin'.

Very nice feel and playing!