Tag Archives: Influenced

Copyright, Derivative Works, Influenced, My Stories

The Public Domain, Derivative Works and The Walking Dead

“The Walking Dead” came back on TV screens in the US last week with 15.8 million viewers in the US. Add to that all of the other viewers worldwide and the results are pretty impressive. Basically, “The Walking Dead” is a juggernaut.

So how did a TV show, based on a niche Zombie comic, explode into the mainstream and into people’s consciousness.

In order to understand the answer you need to go back to the beginning. And the beginning for “The Walking Dead” goes back to 1968 and a movie called “Night Of The Living Dead”.

“The Walking Dead” is a classic case of building on works already in the public domain as well as building on existing copyrighted works by creating derivative works.

First the whole Zombie genre owes a large debt to George A. Romero’s classic “Night Of The Living Dead”. Many of the accepted Zombie formulas started here. Something that is quite common to us in 2014, was all brand new to audiences in 1968.

Due to a late name change from “Night Of The Flesh Eaters” to “Night Of The Living Dead”, the distributor forgot to include a copyright symbol on the release and due to this omission, the movie entered the Public Domain on its actual release date. That meant that anyone could do derivative works and also build on the existing story.

Remember my catch cry, “Progress Is Derivative”. George A Romero stated that he was originally influenced by writer Richard Matheson and his book “I Am Legend”. In the 2008 DVD release of “Night of the Living Dead”, Romero mentioned that he had written a short story, which basically was a rip off from the Richard Matheson 1954 novel called “I Am Legend”.

Progress Is Derivative

The whole opening scene from “The Walking Dead” of Rick Grimes waking up in the hospital alone, is taken from the movie “28 Days Later” released in 2002, which also drew inspiration from a 1951 post-apocalyptic novel called, “The Day of the Triffids”.

In “The Day of The Triffids, the main character awakes to a silent hospital to find that his town has been overrun with blinded people.

In “28 days Later”, a bicycle courier awakens from a coma to find the hospital and the city, completely deserted and overrun by people infected by the rage virus.

In “The Walking Dead” comics that came after all the works mentioned above, Rick Grimes wakes from a coma in the hospital to find his town overrun with walking corpses, referred to as ‘walkers’.

SOMETHING, SOMETHING COPYRIGHT

Romero did miss out on a hefty payday due to the copyright bungle with “Night of The Living Dead”, however did that stop him from making any more movies. Of course not. Romero’s story ends well.

The film’s popularity OPENED UP MORE OPPORTUNITIES. Romero continued to create movies and the fame that his Public Domain movie gave him, opened up other offers around comics and novels.

For “The Walking Dead”, “28 Days Later” and “Resident Evil”, the lapse of “Night of the Living Dead” into the public domain turned out to be a godsend. The rules were established by Romero and Russo and others went to town building on those rules. And the best thing about building the genre was that the writers didn’t need to license anything, and they had no fear of being sued.

Call “Night Of The Living Dead” the Blues. And as Keith Richards once said, “You can’t copyright the blues”.

In the end, the lack of copyright around one movie, grew and helped defined the zombie genre in the same way that the lack of copyright around earlier blues and folk standards grew and helped define the classic rock genre. So next time someone tells you they need stronger copyrights or longer copyrights, point them to the “Night Of The Living Dead” example.

That is why “The Walking Dead” is a success. It is a derivative work created without the threat of a lawsuit. It is a derivative work that is allowed to build on previous works.

http://www.popmatters.com/column/159439-legacy-of-the-living-dead/

http://www.plagiarismtoday.com/2011/10/10/how-a-copyright-mistake-created-the-modern-zombie/

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Classic Songs to Be Discovered, Copyright, Derivative Works, Influenced, Music, My Stories

Still Of The Night – Progress Is Derivative

It is a well-known fact that Led Zeppelin has borrowed (or stolen depending on how people view this) bits and pieces from other artists. It is also a well-known fact that they are innovators. Their influence and reach was vast and if there was no Led Zeppelin, a lot of bands that we love and like today would have not have existed in the form that we know them.

One such band is Whitesnake. Founding member, David Coverdale had a three album run with Deep Purple before leaving to start a solo career which after two albums ended up morphing into Whitesnake.

Whitesnake is basically a blues-rock band heavily influenced by Led Zeppelin and Deep Purple. For a lot of people, their first hearing of Whitesnake was in 1987 and a song called “Still of the Night”.

That was my first exposure. After that I went back and started purchasing their back catalogue. On initial listens, it didn’t grab me. By 1988, I was into the over produced and slick sounds of pop metal and if the album didn’t have that tone, I didn’t invest time. Of course, years later I did go back and give those earlier albums a re-listen and I am better musically for it.

So going back to “Still Of The Night”. The song was written by lead singer David Coverdale and guitarist John Sykes and it was Produced by Mike Stone and Keith Olsen.

David Coverdale in an interview with Metal Hammer commented on the origins of the song:
“When my mother died I was going through the stuff at her house and found some early demo cassettes. One of them was a song that Ritchie Blackmore and I had been working on which was the basic premise of what would become “Still of the Night”. It was totally unrecognizable, so Ritchie doesn’t have anything to worry about… neither do I! Ha ha ha! I took it as far as I could then I gave it to Sykesy when we were in the south of France, and he put the big guitar hero stuff on there. John hated blues so I had to work within those parameters. I manipulated to be electric blues, but how he performed it was fabulous for his time and relatively unique because of the songs. There were a lot of people doing that widdly stuff but they didn’t have the quality of those songs.”

John Sykes in another interview on the Melodic Rock website had this to state about “Still Of The Night” when he was asked about the famous solo with the cello.

“Yeah, well that was actually the first part of that song I wrote…was the middle section. All that was written on guitar in my mum’s kitchen. It wasn’t till months and months later that I came up with the other stuff and basically got the riffs and the chord for the verses.”

Read the interview for yourself. http://www.melodicrock.com/interviews/johnsykes.html

Somewhere in between is the truth. From listening to the song, the Led Zeppelin influence is unmistakable.

The vocal delivery over the F#5 power chord in the intro is Robert Plant from “Black Dog”.

When the riff kicks in straight after, the ears are treated to a combination riff based on “Black Dog” and “Immigrant Song”.

The whole interlude section resembles the part in “Whole Lotta Love”. Listen to all of the cymbal and hi-hat work, as well as the distorted guitar noise and Coverdale’s moans. While the “Whole Lotta Love” interlude was more of a free form jazz improvisation jam with lots of knob turning, the “Still Of The Night” interlude is more musical and metronomed that builds into the cello solo.

There is only one John Sykes and Whitesnake hasn’t been the same since. The same way that the Sammy Hager fronted Van Halen wasn’t the same as the David Lee Roth fronted Van Halen.

“Still Of The Night” is almost an anthem. Not like Bon Jovi’s “Livin’ On A Prayer” anthem, more like a get together and remember a glorious time anthem. That’s how good John Sykes is. That is why “Still Of The Night” still exists and is part of the public conversation. Even though it is derivative, it is hard to burn out on it because it doesn’t sound like anything else. I know it is a contradiction and that it is why the song is perfect.

In information starved 1988, Adrian Vandenberg and Vivian Campbell got the nods, however John Sykes is the real superstar.

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A to Z of Making It, Classic Songs to Be Discovered, Derivative Works, Influenced, Music, My Stories

Five Finger Death Punch Encompass Their Past and Improve On It

When Zoltan Bathory was putting together a new band in 2004, his vision was to bring metal back to the masses. The first foundation was established with  2007′s ‘The Way of the Fist’. 2009’s War Is The Answer and 2011’s American Capitalist both added to the foundation. The house that Death Punch built is still going full steam ahead with two new albums about to hit the streets in the next seven months.

Chris Kael the bassist of Five Finger Death Punch said the following on the new album in a recent interview;

“It’s basically all the things that Death Punch have learned over the last three albums, we put into this new album, so it’s basically the best of Death Punch all in one brand new release. The melodies are strong, Ivan’s still pissed as hell, the musicianship is at its best and we are really proud of it! “

Ivan Moody the vocalist had the following to say on the new album;

“This is everything Death Punch has ever done and it pushes the bar up. That’s the great part about doing two CDs—we got to experiment this time. We didn’t want to change our style—the machine isn’t broken. So instead, what we did is encompass what we’ve done already and advance on it.”

So what do the above statements say in relation to Five Finger Death Punch. Inspiration doesn’t take place in a vacuum. All day long you are experiencing. All year long you are experiencing. If people think you can write quality songs with no prior experience, they are delusional.  Our whole life is a database of information. Be ready to index it and then reference it. Use it to create something better. Learn from it and create something better.

Five Finger Death Punch are merging all of their experiences and influences into a new double album.  They have their signature voice and they are not changing it for anybody and they are still playing to their fans. In the end it is the fans that matter. They are the ones that give the band the chance to create and release albums. Not the record labels or the money that they throw at the band. The fans are king here and FFDP are playing to their core. As I have said many times before, don’t spread your wings too far. Focus on your core audience as that is your foundation.

Just listen to Lift Me Up. If you are a music fan, you will hear the vocal melody inspiration from the song The Ultimate Sin by Ozzy Osbourne, released in 1986. Ivan Moody experienced that song, he heard it, he allowed it to take him somewhere and he stored it. Fast forward 26 years and Ivan Moody is referencing it, twisting it and making it his own.

Some people will call this plagiarism, I call it being influenced. Allow yourself to be influenced.

I am pretty sure in fifty years’ time some publishing company that will end up owning the Ozzy Osbourne catalogue will end up suing the publishing company that owns the Five Finger Death Punch catalogue for plagiarism, much the same way the Men At Work songwriters were sued for a flute solo that they didn’t even write that referenced a long forgotten children’s classic.

This is real. This is happening in the Entertainment business. People are trolling for lawsuits. Companies have been formed for this purpose. While everyone tries to get legislation passed to protect the entertainment business models from 1980, they should be focusing on these trolling organisations that are stifling innovation and progress with B.S cases.

The point in all of this. Experiences are everything in music. It is the difference between making a connection with a fan or not making a connection. Sometimes that experience can be the influence of another song. It is okay to allow it. That is how music has evolved throughout the ages.

Five Finger Death Punch have paid their dues, they have lived and experienced life, they have been patient, they have mined their lives for content and they didn’t quit.

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Copyright, Derivative Works, Influenced

The Kashmir Effect

Stone Temple Pilots – Plush (1992)

And I feel that time’s a wasted go
So where ya going to tomorrow?
And I see that these are lies to come
Would you even care?

Yes, Stone Temple Pilots did a derivative work of Kashmir.  Instead of going up the fret board chromatically, they go chromatically down the fret board.  The drums and the feel of the song, is John Bonham reincarnated.

Plush is from the excellent debut album Core.  Regardless of the Scott Weiland shenanigans going on right now, there is no denying that Stone Temple Pilots released two ground breaking albums.

Kingdom Come – Get It On (1988)

We’ve come a real long way to be with you
It’s not that easy doing what we do
There are those lonely times and then there’s happiness
Now it’s time we gonna do what we do best

Get It On was the reason why people went out and purchased a million plus units of the debut Kingdom Come album. People actually thought this was Led Zeppelin. The verse riff is very heavily inspired from Kashmir.

Whitesnake – Judgement Day (1989)

We walk toward desire,
Hand and hand
Through fields of fire
With only love to light the way
On the road to Judgement Day

The Kashmir effect strikes again. Whitesnake must have said, if Kingdom Come can pull it off, why can’t we.  It should have been the lead off single instead of the re-recorded Fool For Your Loving.  Dave Coverdale had a lot to prove when he started to write the follow-up to the mega successful Whitesnake 1987 album that was penned with John Sykes.

Metallica – The Call Of Ktulu (1984)

The same riff that Mustaine wrote for The Call of Ktulu, is the same progression that is used in Kashmir.  It is also in the same key of D minor.  The only difference, is that Dave Mustaine arpeggio’s the notes.  Dave Mustaine doesn’t play on the Metallica version, that was released on Ride The Lightning, however he is the creator of the main piece of music on this song.

Dream Theater – Metropolis, Pt. 1: The Miracle and the Sleeper (1992)

As a child, I thought I could live without pain without sorrow
As a man I’ve found it’s all caught up with me
I’m asleep yet I’m so afraid

Somewhere like a scene from a memory
There’s a picture worth a thousand words
Eluding stares from faces before me
It hides away and will never be heard of again

When the verse riff kicks in, it’s Kashmir at a prog level.  The chordal keys that happen over the Em triplets, is all hair on the back of the neck stuff.  Pull Me Under introduced Dream Theater to the world, however Metropolis is the star on the Images and Words album.

Megadeth – Hanger 18 (1990)

The military intelligence
Two words combined that can’t make sense
Possibly I’ve seen too much
Hangar 18 I know too much

Kashmir and The Call of Ktulu merged into an excellent thrash opener that deals with aliens and conspiracy theories.  Dave Mustaine references himself and Jimmy Page again.

Coheed and Cambria – Welcome Home (2005)

You stormed off to scar the armada
Like Jesus played martyr,
I’ll drill through your hands

The verse riff and the John Bonham drums.  It’s Kashmir again.  Coheed and Cambria knew they had a winner with this song.  It is the song that announced them to the world.  It is the song that we all wanted to hear at the recent concert I attended at the Metro Theater in Sydney.

Megadeth – In My Darkest Hour (1988)

My whole life is work built on the past
But the time has come when all things shall pass
This good thing passed away

The B to C to C# to D note changes over a E pedal point from In My Darkest Hour is the same is the A, B flat, B, C over a D pedal point from Kashmir.  Music written after the death of Cliff Burton, had to be epic and it had to be big.

Kashmir is Led Zeppelin’s definitive statement.  It was released in 1975 on the excellent double album Physical Graffiti.  It’s influence since then on the rock / metal scenes is extraordinary.  Even Hip Hop sampled it.  The Tea Party built a career on it. The bands mentioned above wrote career defining songs on it.

Oh let the sun beat down upon my face, stars to fill my dream
I am a traveler of both time and space, to be where I have been
To sit with elders of the gentle race, this world has seldom seen
They talk of days for which they sit and wait and all will be revealed

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