Wednesday, July 14, 2010

A Statement, an Explanation

And A Caveat Emptor

First, a statement; I do not now nor have I ever seriously considered myself to be a writer. Second, an explanation; There is absolutely nothing in my past on which to base a claim to such an accomplishment. The most imortant writing that I have ever had published would be a few letters to the editors of small to mid-size weekly and daily newspapers. Third, a caveat emptor; which is defined as "Let the Buyer Beware".

In my very first blog posting dated January 28, 2010 which, when I look at it now, I am tempted to hit the delete button but it does serve the purpose of being the standard a person can use to measure whether or not I have made any progress in my postings which, from the beginning, has been my goal. As for the part about being considered by some to be a poet-- their thoughts, not mine.
In that first posting, almost six months ago, I included the lyrics to a song titled "River of Love" and the fact that it was recorded by a friend (George H.) in Jackson, Tn.. At this point let's go back to the beginning, 1979 that is, when George approached me about writing the lyrics for a song, to be the B side on a record he was recording, and assisting in the recording and pressing of the record. I agreed to a limited involvement. To make a long story short, River of Love was recorded, published, copyrighted, pressed and licensed by BMI Music (Number ML 45016 B) in 1979. It had limited airplay and soon was all but forgotten until 2008 when George Strait recorded a song with the same title and general theme. I wrote several letters, one of them Certified, to BMI Music seeking information concerning infringement but got no reply.
I won't bore you with the reprint of the entire song lyrics (see Jan. 28, 2010 posting) but only the most glaring similarities.

River of Love written by Camp, Burnette and Morgan, Copyrighted 2006 and recorded by George Strait in 2008;

River of love, river of love, river of love / rolling on the river of love / let's go rolling, rolling on the river of love / let's go rolling on the river of love / let's go rolling on the river of love / rolling on the river of love.

River of Love written in 1979, published, recorded and released for airplay with vocals by George H..

River of love, river of love / flowing into the night / River of love, river of love / where living and loving is right / You set me adrift on a river of love / every evening when the sun goes down / and I'll still be there when the morning comes / if in your sweet love I don't drown / drown in that river of love ----

Copyright infringement -- The courts have held that not only the reproduction of the exact words or phrases in original work, but the reproduction in substance of its plot, scheme or arrangement constitutes an infringement.
OK, this is where the caveat comes in - not being a computer person, I can't find anything to prove that BMI ever licensed the song (I only have their number on the records) and as already stated they won't answer my letters requesting information but even if the publishing and recording companies were not affiliated with BMI, as claimed, it should not affect my copyright. Anybody out there want a part of this song. E-mail me or leave a comment. Meanwhile stay tuned, - William

No comments:

Post a Comment