Musical Borrowing syllabus

A new class on ownership, plagiarism and originality

This fall I'm teaching Musical Borrowing from Plainchant to Sampling at the New School for the first time. Here's my syllabus. It will probably evolve as we go, but this is the initial plan.

This course on “non-original” music explores how frequently existing compositions have been appropriated and adapted into new works, and how these borrowings challenge conventional notions of originality and authenticity. The course provides historical perspectives on musical borrowing from the Renaissance through 19th-century paraphrases and 20th-century cover versions to debates about sampling and plagiarism cases today. It explores the evolving cultural, philosophical, legal, and economic considerations around the phenomenon of musical borrowing. Students engage with these topics through guided listenings, readings, response papers, quizzes, class presentations, and creative projects, with a final research/analysis paper on a recent/current case of musical borrowing. A basic knowledge of music theory and some ability to read music notation are helpful but not required for this course.

Learning Outcomes

Students will:

• Understand the current state of musical copyright in the United States and controversies around sampling, plagiarism and artificial intelligence

• Create music by appropriating existing works and articulate the emotional and intellectual aspects of the experience

• Compare the popular musical cultures of the US with Jamaica and the role that copyright law plays in each

• Compare historical attitudes toward musical ownership and originality across different eras of European and US history

Artificial Intelligence and Authorship

Reading: AI and Music-Making

Read "AI and Music-Making Part 1: The State of Play" and "AI and Music-Making Part 2: Tomorrow Is The Question" by Angus Finlayson (2023). Listen to tracks referenced in the article, especially "Godmother" by Holly Herndon and Jlin. Answer the following questions: Have you heard a piece of AI music that you thought was "good" by your definition of good? If so, please link to it and explain what you find appealing about it. If not, do you believe that this is because the technology is not sufficiently advanced, or because it is impossible for a computer to make "good" music?

Project: AI Songwriting

Using ChatGPT or any other artificial intelligence tool of your choosing, generate the lyrics to a song. You may optionally write a melody for these lyrics, either in the traditional way or using another AI/generative tool. Submit the lyrics, along with your original prompt, and a brief (500 words max) assessment of the results. Did the AI do a “good” job, by your definition of good? Is this a plausibly human result? Is that the same thing as a good result?

Reading: The Last Recording Artist

Read "The Last Recording Artist" by Jaime Brooks (2023). In a short paragraph, answer the following questions: Do you believe that it is morally acceptable to train an AI on an artist's body of work without their permission and to make new music with it? (Imagine for the purposes of this question that there is no money at stake.) Does it matter if the artist is still living? Would you be interested in making music this way? Are you interested in listening to music made this way?

Adaptation and Plagiarism

Project: Song Transformation

Create a piece of music comprised entirely of pieces of existing music. I do not want a parody or cover; this should be a “new” song composition. You might use audio samples or replay/re-sing song sections yourself, or both. Your samples and/or interpolations should be as recognizable as possible. You may sample/quote from as many songs or pieces as you like, but for a maximal challenge, restrict yourself to a single source. You can either submit an audio recording of your song or perform it live in class. Either way, please submit a lyric sheet.

Writing: Forensic Musicology

Listen to "Smoke on the Water" by Deep Purple (1972). Then listen to "Maria Moita" by Carlos Lyra (1964). Imagine that Lyra is suing Deep Purple for plagiarism. You can choose to be a lawyer representing either Lyra or Deep Purple. In 1000 words or fewer, lay out your evidence proving or disproving that "Smoke on the Water" is plagiarized from "Maria Moita". 

Sampling and Remixing

Reading: An Intro to Remixes

Read my blog post, "An Intro to Remixes" (2020), and listen to the audio examples. In particular, compare "Copacabana" by Barry Manilow (1980) to the Reflex Revision by Nicolas Laugier (2017), which only uses audio found in the original multitrack stems. In a short paragraph, answer the following questions: Would you consider these to be the same piece of music? Should Laugier have been required to get Manilow's permission before creating his re-edit? If so, why? If not, why not?

Project: Talking Heads remix

Download the acapella to "Burning Down The House" by Talking Heads. Create a blank DAW session and set the tempo to 103 bpm. Drag the acapella onto a new audio track. (The acapella begins with almost eight bars of silence, so don't be alarmed if you click Play and don't hear anything right away.) You will then create a new instrumental backing track for this song. You can use whatever loops, samples, MIDI, or live instruments that you like. You can also edit and process the vocal as much as you like. The song is in G but you may get interesting results from reharmonizing it. You can also simply use drums/percussion and not worry about harmony at all.

Reading/Listening: Sample Breakdown/Making Beats

Watch Tracklib's video "Sample Breakdown: The Most Iconic Hip-Hop Sample of Every Year (1973-2023)" (2023). Then read chapter 5 of Making Beats: The Art of Sample-Based Hip-Hop by Joseph Schloss (2013). Consider the "no biting" rule discussed by the producers that Schloss interviewed. In a paragraph, answer the following questions: Do you consider it to be "stealing" if a producer uses the same sample as another producer? Why does this kind of "originality" matter if the samples were unauthorized to begin with? Is there a moral difference between sampling a 1960s soul record and sampling a sample-based 1990s rap song?

Reading: Phonographic Orality

Read "Copyright, the Work, and Phonographic Orality in Music" by Jason Toynbee (2006). As you do, listen closely to "Choir" by James Newton (1982) and "Pass The Mic" by the Beastie Boys (1992). In a paragraph, answer the following questions: How would you have ruled in Newton v. Diamond and why? Does it change your feeling about the case to learn that James Newton is Black and that the Beastie Boys are white?

The History and Future of Musical Copyright

Reading: Rude Citizenship

Read the Introduction and Chapter 1 of Rude Citizenship: Jamaican Popular Music, Copyright, and the Reverberations of Colonial Power by Larisa Kingston Mann (2022). In a paragraph each, answer the following two questions:

1. Consider Skatta's use of the word "original" to mean a riddim "that been tested... One that has passed the test already, been played out [in public]", and how it reflects the communal creation of Jamaican popular music. Have you experienced this kind of communal creativity, as an artist or a listener? If so, describe it. If not, explain how it differs from your own experience of music making or listening.

2. How would you explain the disproportionate popularity and influence of Jamaican popular music globally relative to its size and socioeconomic status?

Reading/Listening: My Favorite Things

Read this blog post and listen carefully to the musical examples. In a paragraph, explain to what extent you think that John Coltrane should be considered the author of his version of "My Favorite Things." Compare this to the extent of his legal ownership of his version.

Reading/Listening: Dies Irae

Read this blog post and listen to at least the first few minutes of each of the audio examples. In a paragraph, explain whether you would consider Dies irae to be a sample, or whether we should use a different word to describe it. Also: do you think that a composition based on Dies irae could be said to be "original"? How should we attribute the authorship of these compositions?

Reading: The Imaginary Museum of Musical Works

Read chapters 7 and 8 of The Imaginary Museum of Musical Works: An Essay in the Philosophy of Music by Lydia Goehr (1994). Consider the state of musical composition in Western Europe before the work-concept took hold. Consider the state of musical composition in Western Europe before the work-concept took hold. In a paragraph, explain whether there a present-day equivalent of the music composed by Bach or Handel. I do not mean in aesthetic terms, I mean in terms of the conditions and expectations of its creation and the expectations placed on the creator. 

Writing: Copyright Statute (draft)

Write a new United States copyright law for music that takes the present-day music industry and contemporary creative processes into account. Use formal language, but do not worry about using technical legal language or formatting; just be as clear as you can. Choose a recent/current copyright lawsuit or controversy and explain how your law would lead to a more just resolution. After we discuss everyone's proposed laws in class, you will have the opportunity to revise this. 

Writing: Copyright Statute (final)

Revise your copyright law, taking into account feedback you have received from me and your classmates, along with any new thoughts or ideas you have had. Make your language as clear and concise as possible.