Friday, May 03, 2024

Something strange

This person is making a lot of videos composing accompaniment for drum solo videos by some well known players, “adding music”, as he says. The first few minutes explain this was done, then there's an extended drum solo by Simon Phillips, with his added accompaniment:


That's highly strange and ethically suspect on a number of levels: 

1. The solo was music in the first place, calling it a drum solo “with music” puts me in a bad mood about it from the get go. 

2. Did he get permission to do it? From the people who own the videos, or the drummers involved? Did they consent to having their playing used this way? There's no indication of that. Why not call them up and ask permission, and then put a big thank you in the video description? 

3. Are they getting paid for it? Well... very likely they are. At least the entity that was getting paid for the original video probably is. YouTube is good about detecting copyright violations and paying the infringed party. So if you make a cat video with Coltrane's Interstellar Space on the soundtrack, or if I sample somebody's recording to make a practice loop, the rights holder there will probably get paid, you and I would not get paid.   

4. Copyright is weirdly inverted. He's mimicking something uncopyrighted (the musical content of the drum solo) to make something copyrighted. Basically the melodic content was created by the drummer, and he seized ownership of it by assigning pitches to it.

5. He's involuntarily reassigning these players' performances to be accompaniment for his music, but those drummers would not necessarily make the same choices interpreting that piece if it had been written first— as in normal playing situations. Making choices in how we play an arrangement is a major aspect of a drummer's voice, and of how you judge someone's performance. While it is clear that the drum solo came first, by creating this context around it he's putting words in the drummer's mouth: here is how you will handle this situation

7. Usually you don't steal somebody's performance in its entirety. Even making a fair use legal argument, that's not fair use. 

8. Mickey Mousing is a term from film scoring, where the music exactly mimics the action on screen, and it is considered to be very bad writing. Here the added orchestration is flashy but primitive, Mickey Mousing the drum solo exactly in unison with it— drummer hits a high note / orchestra plays a high note with him, drummer plays a low note, orchestra plays a low note. There's no interaction. It does open up a bit on the groove portions of the solo, but it's 95% simple mimicry. 

Here, here's a quick lesson in doing things other than that in creating an accompaniment, and in altering a melodic line generally. 

9. If he wants to create a derivative work that is largely a note-for-note copy of someone else's improvised performance, he can do that, but his piece should be able to stand on its own. There's nothing here anyone would want to listen to without the original drumming performance. 


My complaints in rapid fire. Maybe none of it really matters. For people trying to make it in social media, whatever gets me attention = good. I expect that's the position of the person who made the videos, and maybe even for some of the drummers involved, if they were informed of it. Music has been so devalued in the last 25 years that, for many people, its major (or only) purpose may be as a device for grabbing social media attention. 

There are artistic/critical theories supporting this kind of thing— e.g. “appropriation”, sampling in hip hop— but which do not make it legal or ethical, when done non-consensually. Other artists' performances are not your found objects. You have to clear it, there has to be consent.  

Whether or not you personally agree with any part of this, there are legal issues you have to be aware of, and answer for when engaging in this kind of work, if you're doing music professionally, or want to be doing it professionally. It's going to matter to some people, possibly to the point of making your work unpresentable publicly. 

3 comments:

Unknown said...

This isn't only weird.It's lame and super disrespectful.

Unknown said...

I also linked to this article in his comments section which he's immediately deleted. It makes it pretty clear he knows he's on shaky ethical ground…...

Todd Bishop said...

Thanks for the link. Hopefully he figures it out.