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Did Producer Timbaland Steal From the Demoscene? 492

gloom writes "In 2000 the Finnish demoscene musician Janne Suni (also known as 'Tempest') won the Oldskool Music Competition at the Assembly demoparty with his four-channel Amiga .MOD entitled 'Acid Jazzed Evening.' A Commodore 64 musician called 'grg' remade the song on the C64 (using the infamous SID soundchip); it is this that was stolen. The producer's name is Timbaland and he is one of the hottest names in American music these days. The track in question is called 'Do it' and it is featured on the Nelly Furtado album 'Loose' on the Geffen label. Getting nowhere with Geffen, the demoscene has now risen to the aid of Tempest, first by creating a stir at SomethingAwful (files downloadable from the forum), then at Digg.com, then on YouTube, with a video demonstrating the blatant ripoff. Being an online-posting musician myself — what rights do I have if this should ever happen to me, and what can be done to raise awareness about such things?"
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Did Producer Timbaland Steal From the Demoscene?

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  • Re:hottest name? (Score:5, Informative)

    by Tester ( 591 ) <olivier@crete.ocrete@ca> on Saturday January 13, 2007 @11:35PM (#17598928) Homepage
    timbaland? who the hell is that?

    http://en.wikipedia.org/wiki/Timbaland [wikipedia.org]
  • by Lorkki ( 863577 ) on Saturday January 13, 2007 @11:47PM (#17599042)

    Please listen to what's behind the links before posting the first thing that comes to mind. It's not just a similarity - much less simple influence. It's an exact match all the way from the melody down to the bass and drum lines and the synth samples.

    One hell of a coincidence if you ask me.

  • Re:TNB (Score:0, Informative)

    by na641 ( 964251 ) on Saturday January 13, 2007 @11:48PM (#17599048) Homepage
    These "musicians" or so-called rappers often take parts of a song and move the words around to call it their own.

    Hate to break it to you but Timbaland is a producer.
  • Re:Thousands (Score:2, Informative)

    by x1n933k ( 966581 ) on Saturday January 13, 2007 @11:51PM (#17599074) Homepage
    We like opinions here on Slash, but where do you get your 99.99% figure?

    I agree. Life isn't fair. However, when a musician uses a sample (For example Moby, or Paul Oakenfold), they do have to list where the copyrighted sample comes from. Most of that stolen work you refer to is for hobbyist who don't make millions on a track, therefore you don't notice it as much. Timberland thought he could save a few pennies by putting his name on it because some Fin isn't going to make a racket. I guess he was wrong.

    [J]

  • by Anonymous Coward on Sunday January 14, 2007 @12:02AM (#17599160)
    Being an online-posting musician myself -- what rights do I have if this should ever happen to me?

    Don't worry. It won't.

    Sorry, couldn't resist.

    Anyway, they're not going to get anywhere bitching to Geffen. No corporation is going to admit wrongdoing if they aren't forced to. Spreading the info on the web is good for their cause but really, "Tempest" has to get a good lawyer.

    Keep in mind the only thing you can go after in the music industry is rights and roylaties. You won't get a big cash payout if an indie band steals your melody or worse, if another amateur slaps his name on your song. All you can do is make a fuss and possibly ruin their credibility. This would even go for a major label act with an album that doesn't sell-- if there's no money to be had there's not much you can do.

    Now, Furtado's album will probably sell millions, so "Tempest" has a shot at getting the publishing rights for the song. But to get this resolved he will have to get a competent entertainment lawyer who will work on a (large) commision. Then, if they settle or he wins, he may be able to get the writer credit (or shared credit) on subsequent pressings of the song and all or part of the roylaties-- not on the album, but the song itself (so a fraction of the album.. a small fraction if it is not a hit.) And when I say roylaties, I'm not talking gross sales but instead what Timbaland's cut would have been.

    Again, unless the song itself is a top-ten hit, I would not expect a big payday from this.
  • according to many critics, not worthy to be grouped under the umbrella term "intellectual property".

    They are not deeds to land (real property), nor are they tangible or tradeable items (personal property), but rather artificial monopolies granted upon otherwise entirely reproducible things. Grouping them together makes exactly as much sense as grouping the right to pump oil from the ground with an installed air-conditioner (real property) or a certificate of stock with a turkey sandwich (personal property).

    GNU doth protest too much. It's a perfectly valid term, and wasting time protesting common sense instead of explaining the differences between copyrights et al just makes you (or GNU) seem unhinged.

  • It's not sampling! (Score:5, Informative)

    by joe_n_bloe ( 244407 ) on Sunday January 14, 2007 @12:27AM (#17599360) Homepage
    Lifting and rearranging (i.e. "stealing") a tune is not sampling. If the Timbaland recording is the first published use of the song, and the use is unauthorized, then it is copyright infringement plain and simple. If it is not the first published use of the song, then there are two possibilities: a) the re-recording is a "cover" of the original, essentially similar to it, in which case compulsory licensing applies (and royalties are paid to the copyright holder at a rate defined by statute), or b) the re-recording is different enough that it is a derivative work, in which case compulsory licensing does not apply and once again it is simple copyright infringement. The copyright holder can force a halt to the infringement; what damages might be obtained in court, I don't know - the law isn't simple.

    This is US law - I don't know what country's laws would actually apply in this case.
  • Credit != permission (Score:3, Informative)

    by tepples ( 727027 ) <tepples.gmail@com> on Sunday January 14, 2007 @12:39AM (#17599454) Homepage Journal

    Sampling without permission is fine, even outside a parody, as long as you give credit.

    Giving credit does not remove the requirement to get permission; it just tells the world who is going to sue you.

    If you don't give credit, you're lying about your song's authorship. If you do, you're just doing what every composer has done throughout history: building on the work of those who came before you.

    Building on a public domain built by previous composers was possible until legislatures around the world extended copyright term to exceed the human life span.

  • by Anonymous Coward on Sunday January 14, 2007 @01:32AM (#17599852)
    "Hip-Hop" is just a bastard child of rap and pop.

    Wrong. Hip-hop is an all-encompassing culture, a movement started in New York City by inner city Hispanics and African Americans. Hip-hop traditionally consists of 4 "elements": DJ'ing (originally the backbone of hip-hop culture), Emceeing (rapping), Breakdancing, and Graffiti.

    Originally, rap was the combination of an emcee rhyming over a DJ's beat. An emcee's job was originally to get the crowd more into the music the DJ was playing, hence the title (derived from MC, or Master of Ceremonies).

    Through the late 90's, rap was simply called rap. Somewhere along the way, around the transition from the "jiggy era" to the Cash Money dominated southern sound of the mainstream, fans of underground rap music and conscious early 90's rap started referring to anything that was not mainstream as "hip-hop music", in an effort to differentiate "good" rap from "bad" rap"

    Only recently have radio stations and music channels that typically play mainstream style rap referred to the music that they play as "hip-hop". This has prompted many people to revert to referring to the music they like as "rap" in backlash, to express their disappointment to the direction popular rap artists have taken musically (focusing more on simple beats and rhymes in efforts to appeal to pop crowds and club scenes).
  • Re:Uh, okay... (Score:3, Informative)

    by Coryoth ( 254751 ) on Sunday January 14, 2007 @01:40AM (#17599902) Homepage Journal
    Am I the only one who is hearing the same 4 chords and the same basic beat? What exactly was stolen? Everyone was playing the same god-damn chords and the beat for the last 20 years.

    I must admit I was a little curious after watching the Youtube version - but then the sound quality on that is so poor anyway. Going to the forum and listening to original mp3s it becomes a little more clear - what you should be listening for is in the background of the Furtado song; if you listen you can actually hear precisely the original .mod track; it's quiet, and they've layers extra drums and vocals on top, but if you listen for it it is pretty clear.
  • by Almahtar ( 991773 ) on Sunday January 14, 2007 @03:14AM (#17600352) Journal
    The demo scene is soooo old. It springs from the 286 and earlier. At that point in time the only license that was imposed was the honor system, enforceable only by defamation. I have countless mods/s3ms/xms that have comments/descriptions griping about people that ripped samples or patterns, and that was all that they could do. Now rights are a much more legally enforced thing. Artists in the demo-scene haven't (in many circles) really buckled down and started choosing licenses because legal issues weren't an issue for their role models. A few have had the wisdom to specify licenses for their works, but it's not really a norm yet :-\ I wish they didn't need to. The honor system is my favorite system, but it's seriously flawed because it actually assumes people will be honorable.
  • by uhlume ( 597871 ) on Sunday January 14, 2007 @04:38AM (#17600770) Homepage
    A Commodore 64 musician called 'grg' remade the song on the C64 (using the infamous SID soundchip)...
    Hint: 'infamous' != 'really famous'
  • Not the first time (Score:5, Informative)

    by c=sixty4 ( 35259 ) <armalyte@hotmail.com> on Sunday January 14, 2007 @05:54AM (#17601024) Homepage
    The trance song "Kernkaft 400" by Zombie Nation was a major hit in Europe in the late 90s, and quite obviously sampled from a Commodore 64 song. They were eventually forced to share writing credit with the original musician, David Whittaker, and pay a share of their royalties accordingly. I hope this ends up the same way.
  • He is no she (Score:1, Informative)

    by Anonymous Coward on Sunday January 14, 2007 @06:08AM (#17601086)
    Janne is a name of a man. I know, I'm a Finn myself too.
  • by Aladrin ( 926209 ) on Sunday January 14, 2007 @08:40AM (#17601716)
    Correct me if I'm wrong, but don't you only need a license if you plan to let others use your work in some way, shape or form? You are protected by Copyright law without a license and there are no exceptions. Licenses provide any general exceptions you want to give.

    Demoscene people generally have a very small set of people they even want to hear their music. There's some live events and a few websites and that's it.
  • by skorch ( 906936 ) on Sunday January 14, 2007 @11:57AM (#17602822)
    Not to go too far OT, but Hip hop and Rap are actually the same thing as far as the actual pop-cultural relation to them are concerned. To be technical, Hip Hop refers to the entire culture, including things one might not generally think of such as fashion and speach. We used to refer to the four elements of hip hop: graffiti, breakdancing, DJing, and MCing (a.k.a. rapping), which in its early forms was actually subservient to DJing. Nowadays, MCing has moved overwhelmingly to the forefront, as the other elements have become more diluted, diversified, and hybridized (beatboxing could be seen as a more recently formalized and popularized hybrid of MCing and DJing, though it's generally been around for almost as long as hip hop itself). Now Hip Hop dance includes a lot more than just breakdancing, graffiti is much less popular (probably because it's not quite so marketable being illegal in nature).

    Since Rap has taken such a dominant role, nowadays whenever someone says "hip hop" they're generally talking about Rap, but to refer to the two things as though they were different musical genres is a fallacy. People think that the subject matter of the songs determines the genre (rap being the sole property of gangster rappers, and all other forms falling under some other umbrella of "hip hop"). In truth, they're all hip hop, and rapping is what they all do. It's just a matter of what they rap about that determines the subgenre (gangster, etc.).

    I find the people who try to argue that Hip Hop and Rap are different are generally people who don't listen to it much, or only listen to 3 or 4 artists and then declare themselves expert.

    What you have listed there are not musical genres in order of their influence, but probably more in order of your own personal preference or encounterance (which is self-select no doubt, and very much anecdotal). You get outside of the US and Germany, and you'll find Metal drops off the list fairly quickly (and even within those countries, I doubt you'd ever find it that high on any list). Country barely has an influence the farther in any direction you go from midwestern or Southern America before you even hit the borders, much less outside the country. Disco, come on, really? And whatever "Movie Classical" is. But, you go anywhere in the world from as far back as the mid to early 90's, and hip hop was already ubiquitous, from the American brand that gets exported in abundance to the various local flavors that grew up on their own. We're talking from France to Japan to Zimbabwe here I might add.

    But listing music in order of influence is also kind of fallacious, since all music is generally organic, and all genres have influenced and been influenced by others. If Disco has a great influence on modern hip hop, and hip hop is very popular, is it fair to say that Disco is the genre that's truly influential or hip hop itself? What if you could say the same for any other musical genre's influence on hip hop and vice-versa? Hip hop, at its very roots, is an assimilator, and has been growing due to its ability to absorb other musical genre's influences into itself seamlessly. From the earliest DJs mixing and remixing established Pop, Disco, and R&B tracks on turntables, to the modern mashups, this has always been a core element of Hip Hop.

    Quite frankly, the competition of "my genre of choice is more popular/influential than yours" is a bit ridiculous, because it's not like popularity is the sole legitimizer of an art form. In most cases, it means the destruction of creativity in favor of formulaic nonsense and posers taking over and steering the future of the genre, which is what has happened to most of modern popular hip-hop. One should be happy while their genre or artist of choice remains in relative obscurity, because that is the place where they can enjoy the most creativity; even if it means other more popular and successful performers end up sampling or outright stealing their work.
  • Eminem (Score:1, Informative)

    by Anonymous Coward on Sunday January 14, 2007 @03:55PM (#17605078)
    Eminem is what we call a wigger.
  • by mollymoo ( 202721 ) on Sunday January 14, 2007 @10:40PM (#17608750) Journal
    Something that I still haven't seen mentioned anywhere yet is that the producer is usually not the songwriter. Sometimes they are, but frequently they are not. Who is credited with writing the song? They're the ones you all should be going after. The producer usually deals with overseeing the recording, orchestration, mixing, etc. But a lot of times, the chord progression, melody, lyrics, etc are already mostly in place before the producer gets into the picture.

    That certainly used to be the case - that's what a producer like Phil Spector did. But these days, particularly for rap/hip-hop music, the producer often has a large creative input in 'writing the tune'. In this instance, the song is credited to Nelly Furtado, Timothy Clayton, Nate Hills (aka Danja) and Tim Mosley (aka Timbaland). Danja and Timbaland are also the producers.

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