The voting is done and the world has (or 264 entities voting in unique user sessions have) selected the songs for “The Tighter” White Album (hereinafter TWA). The survey invited voters to make pairwise comparisons between two Beatles songs, under the premise that one could be kept, and one would be cut.
There are several copyright-related implications of my experiment, and I wanted to unpack a few of them. Today, my thoughts on the potential authorship and ownership of the list itself. Tomorrow, a few thoughts on moral rights, whether I’ve done something wrong, and whether what I’ve done is actionable. [Edited to add hyperlink to Part II]
But first, the results — An album’s worth of music (two sides no longer than 24:25 each, the length of Side Four of the original), ranked from strongest to weakest:
SIDE ONE:
While My Guitar Gently Weeps
Blackbird
Back in the USSR
Happiness is a Warm Gun
Dear Prudence
Revolution 1
Ob-la-di, Ob-la-Da
SIDE TWO:
Helter Skelter
I’m So Tired
I Will
Julia
Rocky Raccoon
Mother Nature’s Son
Cry Baby Cry
Sexy Sadie
How did the voters do? Very well, by my estimation. I was pleasantly surprised by the balance. McCartney and Lennon each sang (which by this point in their career was a strong signal of primary authorship) 12 of the 30 tracks, and each had 7 selections on the TWA. (John also wrote “Good Night,” which was sung by Ringo and overproduced at Paul’s behest, so I think it can be safely cabined.) Only one of George Harrison’s four compositions, “While My Guitar Gently Weeps,” made the cut, but was the strongest finalist. Ringo’s “Don’t Pass Me By,” no critical darling, did poorly in the final assessment.*
It’s possible, although highly unlikely in this instance, that the list of songs is copyrightable expression. As a matter of black letter law, one who compiles other copyrighted works may secure copyright protection in the
collection and assembiling of preexisting materials or of data that are selected, coordinated, or arranged in such a way that the resulting work as a whole constitutes an original work of authorship.
Protection only extends to the material contributed by the author. The Second Circuit has found copyrightable expression in the exercise of judgment as expressed
Comments
It should have been a single, with “While My Guitar” on side A and “Yer Blues” on B.
Posted by: Sam | Dec 5, 2011 7:57:01 PM