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Farewell Bob Dylan

Farewell Bob Dylan
Clear center
  09/14/14
Wussies and Pussies
Clear center
  09/14/14
...
idiotic underhanded piazza
  09/14/14
Tumbling Tumbleweeds
Clear center
  09/14/14
Tumbling Tumbleweeds
Clear center
  09/14/14
...
Odious mint coldplay fan
  09/14/14


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Date: September 14th, 2014 3:09 AM
Author: Clear center
Subject: Farewell Bob Dylan

LO AND BEHOLD!: DOES TOLERATED USE GIVE AN INCENTIVE TO PLAGIARIZE? AN EXAMPLE THROUGH THE MUSIC OF BOB DYLAN¨INTRODUCTION ................................................................................. 717I.

TOLERATED USE AND ITS APPLICATION IN VARIOUS MEDIUMS ..... 721II.

MUSIC PLAGIARISM V. COPYRIGHT INFRINGEMENT:

A BRIEF HISTORY OF HOW THE TWO CONCEPTS ARE DIFFERENT, YET INTERTWINE 726III.

ANALYZING TOLERATED USE THROUGH THE MUSIC OF BOB DYLAN ................................................................................... 732A.

The Rich Tradition of Quoting and Borrowing in Music . 732B. Bob Dylan’s Early Career................................................ 734C.

Accusations by Others in the Music Industry Against Bob Dylan – Were These Claims Valid? ............................... 7351.

Damiano v. Sony Music Entertainment, Inc............... 7362.

Muddy Waters and Rollin’ and Tumblin’................... 7393.

The Validity of the Claims......................................... 740D.

Examples of Tolerated Use Through Bob Dylan’s Music 7411.

Henry Timrod on Modern Times—Tolerated Use in the Public Domain .................................................... 7422.

Dr. Junichi Saga and Confessions of a Yakuza on Love and Theft—A True Example of Tolerated Use......... 7453.

The Claims of Plagiarism Have Been Tolerated ........ 748E.

Is There an Incentive to Plagiarize?................................. 748

CONCLUSION..................................................................................... 750

Bob Dylan’s reactions to recent plagiarism claims may be more hostile than they were in the past, which I believe indicates he may have consciously borrowed material from others, like James Damiano or Muddy Waters, without citing his source.175 Additionally, the plagiarism claims demonstrate that Bob Dylan borrowed phrases or quotes not only from other musicians, but also from poets or authors such as Henry Timrod or Dr. Junichi Saga.176 Although the examples below may demonstrate plagiarism or possible plagiarism, they are merely accusations appeared to be tolerated by critics, fans and courts.1.

Damiano v. Sony Music Entertainment, Inc.Plagiarism, as discussed above, is the use of another’s ideas and expressions as one’s own.177 In recent years, Bob Dylan has been accused of plagiarizing other musicians’ work without giving credit to the original artist. Although the claims appear to have merit, not all claims have been proven. In the 1990s, songwriter James Damiano worked with Bob Dylan preparing a song that later appeared on Dylan’s greatest hits album,178 Dignity.179

Even though additional evidence tended to show that plagiarism did in fact occur, the court in Damiano v. Sony Music Entertainment, Inc. did not allow additional evidence—an interview tape with the Associated Press where Bob Dylan stated he had writer’s block and record sales numbers from recently recorded albums—to be compelled from defendants to help the plaintiff prove that Bob Dylan plagiarized or infringed on his song180. Plaintiff Damiano accused Sony Records of falsely attributing versions of his1982 song he submitted to the record company to Bob Dylan.181

The plaintiff further claimed the continued requests for music through 1988, including the song falsely attributed to Bob Dylan, consisted of infringement and misappropriation of his work.182James Damiano contended that his song Steel Guitars was thesame as Bob Dylan’s song Dignity.183

Although at first glance the songs do not appear similar when comparing rhythm, meter, or phrasing, a closer look at the notes demonstrates that the songs are in fact similar.184One musicologist analyzed both songs and concluded they contain similar pitches and melody to one another.185 Additionally, by looking at the copyright filing date for both songs—Damiano’s in 1982 and Dylan’s in 1991—demonstrates that the melody and lyrical hook that Dylan allegedly took from Damiano was covered by Damiano’s copyright, constituting infringement.186 In response, however, the author noted that the only similarities between the songs is a “high g’, the descending fifth towards the end of the selection, and the descending third .

at the very end.”187 Furthermore, the method the musicologist used, the Schenker analysis,188 has been criticized for focusing more on the pitch content when comparing songs rather than looking at specific details of a song to prove similarity.189

Most importantly, this demonstrates that the songs are in fact similar, however, there are different ways of approaching how similar a song may be.Nevertheless, when the court ruled on pre-trial discovery motions to compel defendants to produce documents of album sales during the period of alleged misappropriation and the tape recordings made to the press regarding Bob Dylan’s writer’s block and inability to create new music,190 the motions were denied.191

Although not apparent in the case, I believe the court gave an incentive to plagiarize through tolerated use because additional evidence Damiano requested could be relevant in making it more likely than not that Bob Dylan plagiarized his song Steel Guitars.192 The court also found that record sales could not dictate whether Bob Dylan had an incentive to plagiarize since they are driven 183

Note that the plaintiff is not tolerating the use, but the court appears to tolerate the use of the plagiarism and infringement. See notes 67–71 and accompanying text. Levine-final for publisher (Do Not Delete) 4/24/2014 4:42 PM738 CARDOZO ARTS & ENTERTAINMENT [Vol. 32:717by public opinion and do not necessarily lead to the copying of another’s work.193 However, record sales could be relevant because if Dylan realized that fans were not purchasing his albums based on material he was personally creating, it could be more beneficial for him to borrow ideas from someone else who he has worked with, like Damiano, whose song may be successful.

Additionally, ruling that a qualified reporter’s privilege existed regarding an interview Dylan gave where he claimed he had writer’s block demonstrates the willingness of courts to protect the big name musician instead of the original composer, thereby endorsing a minor form of plagiarism.194 However, protecting Bob Dylan in this one instance may differ in a case where the musician is not well known or does not have a reputation of borrowing from other musicians since the beginning of his career.195 Indeed, Bob Dylan disclaiming he has writer’s block can give rise to an inference for a reasonable jury to believe that it is more likely that he copied Damiano’s song if the jury heard that he had writer’s block, as compared to the jury not hearing that he had writer’s block.

Therefore, by deeming the requested evidence in the motion to compel irrelevant, it is not clear whether or not Bob Dylan did in fact plagiarize James Damiano’s song or was merely influenced by his music. Hence, if Damiano’s musicologist’s theory had been presented to the court and was believed as true, it is very possible that Bob Dylan plagiarized James Damiano’s song.

On the other hand, if a contrary theory was presented, one that does not involve the Schenker analysis, it is possible that Bob Dylan was only influenced by Damiano’s song and used that influence to write Dignity, not to copy Steel Guitars as his own.196 Nevertheless, it is still unclear whether the court endorsed Bob Dylan’s potential plagiarism because of whom he was or if the court was willing to turn a blind eye to the alleged plagiarism.

This court’s behavior further demonstrates how a court tolerating the use of another’s song may give an incentive to plagiarize. If a court is willing to dismiss a motion to compel discovery that could prove plagiarism, a court may very well do the same for another musician, even if he or she is not as well known as Bob Dylan.193 Id. (“However, sales figures do not necessarily reflect one’s artistic proliferation. . . . It is possible for Bob Dylan to go through the most prolific period of his career, and coincidently suffer from the lowest sales in his career due to the public’s dislike of his material.”).194 Id. at 498 (“Unless the plaintiff produces evidence that clearly indicates that information on Mr. Dylan’s writer’s block exists on the tapes, this court finds no lawful reason to compel production of the tapes.”).195

Critics as well as other musicians claim that this is just what Bob Dylan does; he borrows from others and makes a song his own. See infra note 242–248.196 See also Green, supra note 96, at 179 (noting there are “difficulties of distinguishing between permissible influence and impermissible copying”). Levine-final for publisher (Do Not Delete)

See Eleven Years Bob Dylan's Stealing of James Damiano's Songs

http://bobdylan111.yolasite.com/



(http://www.autoadmit.com/thread.php?thread_id=2674039&forum_id=2#26325314)



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Date: September 14th, 2014 3:11 AM
Author: Clear center
Subject: Wussies and Pussies

Well you have to understand that I’m not a melodist. My songs are either based on old Protestant hymns or Carter Family songs. What happens is, I’ll take a song and simply start playing it in my head. That’s the way I meditate.”....“I wrote ‘Blowin’ in the Wind’ in 10 minutes, just put words to an old spiritual, probably something I learned from Carter Family records. That’s the folk music tradition – you use what has been handed down. ‘The Times They Are A-Changing’ is probably from an old Scottish folk Song.” 'I'll be playing Bob Nolan's 'Tumbling Tumbleweeds,' for instance, in my head constantly -- while I'm driving a car or talking to a person or sitting around or whatever. People will think they are talking to me and I'm talking back, but I'm not. I'm listening to the song in my head. At a certain point, some of the words will change and I'll start writing a song.'".......Bob Dylan

http://bobdylan111.yolasite.com/

(http://www.autoadmit.com/thread.php?thread_id=2674039&forum_id=2#26325319)



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Date: September 14th, 2014 3:12 AM
Author: idiotic underhanded piazza



(http://www.autoadmit.com/thread.php?thread_id=2674039&forum_id=2#26325326)



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Date: September 14th, 2014 3:20 AM
Author: Clear center
Subject: Tumbling Tumbleweeds

Well you have to understand that I’m not a melodist. My songs are either based on old Protestant hymns or Carter Family songs. What happens is, I’ll take a song and simply start playing it in my head. That’s the way I meditate.”....“I wrote ‘Blowin’ in the Wind’ in 10 minutes, just put words to an old spiritual, probably something I learned from Carter Family records. That’s the folk music tradition – you use what has been handed down. ‘The Times They Are A-Changing’ is probably from an old Scottish folk Song.” 'I'll be playing Bob Nolan's 'Tumbling Tumbleweeds,' for instance, in my head constantly -- while I'm driving a car or talking to a person or sitting around or whatever. People will think they are talking to me and I'm talking back, but I'm not. I'm listening to the song in my head. At a certain point, some of the words will change and I'll start writing a song.'".......Bob Dylan

http://bobdylan111.yolasite.com/



(http://www.autoadmit.com/thread.php?thread_id=2674039&forum_id=2#26325356)



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Date: September 14th, 2014 3:21 AM
Author: Clear center
Subject: Tumbling Tumbleweeds

Well you have to understand that I’m not a melodist. My songs are either based on old Protestant hymns or Carter Family songs. What happens is, I’ll take a song and simply start playing it in my head. That’s the way I meditate.”....“I wrote ‘Blowin’ in the Wind’ in 10 minutes, just put words to an old spiritual, probably something I learned from Carter Family records. That’s the folk music tradition – you use what has been handed down. ‘The Times They Are A-Changing’ is probably from an old Scottish folk Song.” 'I'll be playing Bob Nolan's 'Tumbling Tumbleweeds,' for instance, in my head constantly -- while I'm driving a car or talking to a person or sitting around or whatever. People will think they are talking to me and I'm talking back, but I'm not. I'm listening to the song in my head. At a certain point, some of the words will change and I'll start writing a song.'".......Bob Dylan

http://bobdylan111.yolasite.com/

(http://www.autoadmit.com/thread.php?thread_id=2674039&forum_id=2#26325361)



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Date: September 14th, 2014 3:20 AM
Author: Odious mint coldplay fan



(http://www.autoadmit.com/thread.php?thread_id=2674039&forum_id=2#26325357)