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"Oh! Carnival" written and performed by Paul Batiste
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(GON' BE DAT) NEW ORLEANS MUSIC: MEMOIRS OF PAUL A. BATISTE
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                                 "New"
                          Chapter seven

                                                  Funky Soul

The nineties and later were volatile with lawsuits where we sued for and got the copyrights returned to “Funky Soul.”  The lawsuit verses P.M. Dawn, Isaac Bolden, Island Records Ltd, and others took seven years for them to settle. 

    Along with that one, I sued Miller Beer for “It’s On (The Jam is on)/”Jamizon” and they settled.  It was a very stressful lawsuit.  It lasted for years and it took a toll on me.

    After that, I was listening to the radio and heard another one of my songs.  Only this time it was a brass band version.  The “(Gon’ be Dat) New Orleans Music” lawsuit was settled in 2008 and the Mardi Gras Records, Rebirth Brass Band version of “New Orleans Music” was returned to me.  

    As the idea popped into my head, I composed “New Orleans Music” in 1984.  I noticed that there was nothing to describe the city’s music.  There were terms like “Dixie Land Jazz” and “Traditional.”  Consequently, there was nothing specific to New Orleans, so I thought about the title and melody for a song.  Mardi Gras Records and Rebirth Brass Band had recorded the song without my permission and were sued for copyright infringement.  Not to be mistaken for sueing because someone used the name “New Orleans Music” in a song.  Names are trademark issues.  Lawsuits of this nature is about the underlining melody and accompanying music.

Ideas from the Holy Spirit

I feel, I have a gift to be able to compose songs.  It starts with hearing in my imagination a “hook” that’s complete with words and music.  The rest is composition with form, repetition and contrast.  I don’t write unless it comes to me from inspiration.  

    Lawsuits are not fun.  They take up all your time and the results are sometimes little, but we had no choice but to claim what is ours.  The litigations took a toll and frustrated our efforts to grow in the music industry.  Our music is infringed on all over the world.  A rap group in France (Supreme NTM) sampled “Funky Soul” and we never got a cent from it.  It makes you not want to put music out there for fear of someone stealing it, but I continue to publish because I love to create and perform.  In the meantime, I was sequencing and recording using keyboards and drum machines.  The method used was to record tracks in the Kurzweil keyboard and Roland drum machine.  I took the tracks to Festival Recording Studio and dumped the tracks to ADAT tapes.  Using sequencers, I was able to synchronize and record all tracks of eight songs.  

Marvin Gaye's Children: What Our Father Would Say About Lawsuit

"If he were alive today, he would embrace the technology available to artists," says family. "But we also know he would be vigilant about safeguarding the artist’s rights"

BY BRITTANY SPANOS March 18, 2015

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Daughter Nona Gaye and ex-wife Janis Gaye of late singer Marvin Gaye, leave court in Los Angeles, California March 10th, 2015. Lucy Nicholson/Reuters/Corbis

Marvin Gaye's children have penned an open letter in the hope of "set[ting] the record straight on a few misconceptions" in the media's coverage of their successful lawsuit against the writers of Robin Thicke's 2013 hit "Blurred Lines."

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Robin Thicke and Pharrell Lose 'Blurred Lines' Lawsuit »

Nona Gaye, Frankie Gaye and Marvin Gaye III's joint letter mainly dives into the background and legacy of Marvin Gaye's "Got to Give It Up," the 1977 single the court found to have been copied by Thicke and co-writer Pharrell Williams.

In the letter, the siblings imagine how their father would have handled the situation. "If he were alive today, we feel he would embrace the technology available to artists and the diverse music choices and spaces accessible to fans who can stream a song at a moment's notice," the siblings wrote. "But we also know he would be vigilant about safeguarding the artist's rights. He also gave credit where credit is due."

Even though the outcome of the lawsuit favored the Gaye family, the children claim that all of this could have been avoided if Thicke and Williams had approached the family before releasing the single, especially since the similarities were deemed to be not coincidental. "Like most artists, they could have licensed and secured the song for appropriate usage," the family stated. "This did not happen. We would have welcomed a conversation with them before the release of their work. This also did not happen."

Thicke and Pharrell Williams lost the copyright suit on March 10th. Following the court's decision, the lawyer representing Marvin Gaye's family has sought to halt all sales of "Blurred Lines." Since the proceedings, the family had noted some similarities between Gaye's "Ain't That Peculiar" and Williams' "Happy," though the family has confirmed in the open letter that they "have absolutely no claim whatsoever concerning 'Happy.'"

Read the full open letter from Marvin Gaye's children below.

An Open Letter from the Children of Marvin Gaye 3/18/15

We want to extend our deepest appreciation and gratitude for the outpouring of love and support we have received from all of our father’s fans and friends, as well as artists and industry folks who contacted us surrounding the recent events concerning his song, “Got to Give It Up.”  Your kindness and encouragement gave us incredible strength and perseverance. We are so incredibly grateful for your support as well as the hard work and dedication of our amazing legal team and experts.  We thank you all.

We especially want to thank our mom Jan for her belief in what we were doing all along, and for her never ending support. 

We will celebrate what would have been our dad’s 76th birthday next month, and though we miss him every day – just like the many thousands of well-wishers who have expressed their heartfelt goodwill - it is through his music that we find our compass and our paths moving forward.  We are his children, but we too are his fans and we hold his music dear.

It is in that spirit and on behalf of all those who Dad always considered an extended family, his fans, we take this opportunity to set the record straight on a few misconceptions echoing through some news and social media platforms about our intentions, our plans, and the so-called ‘larger’ ramifications of this case within the music industry.

Originally released in 1977, “Got to Give It Up” became one of our dad’s most cherished hits, still a favorite at backyard barbecues, weddings, parties, on the radio, or on your iPod.  As Oprah said, it is one of her “favorite party songs of all time.” The comments on social media, emails and calls we received after the verdict affirmed for us that the song continues to touch in even deeper ways, becoming part of the soundtrack to so many lives.  “Got to Give It Up” is also recognized by Billboard Magazine as the fourth biggest single of the 30 charting hits our dad created during his extraordinary career.

It has been nearly 38 years since its initial release: tastes change, trends evolve, but we should all be able to agree that it’s a testament to the enduring power of “Got to Give It Up” that we have arrived at this juncture with Mr. Thicke and Mr. Williams, at all.  The fact that they have openly acknowledged their respect and admiration for the song is public knowledge, and further proof of its resonance with an entirely new generation of music fans.

However, most songwriting begins with an organic approach; a songwriter brings his or her influences to the table and then works creatively from a blank slate in the crafting of their song to ensure originality and the integrity of their creation.  If Mr. Thicke and Mr. Williams had tried to create a new song and coincidentally infused “Got to Give It Up” into their work, instead of deliberately undertaking to “write a song with the same groove," we would probably be having a different conversation.

Like most artists, they could have licensed and secured the song for appropriate usage; a simple procedure usually arranged in advance of the song’s release.  This did not happen. We would have welcomed a conversation with them before the release of their work. This also did not happen.

Instead of licensing our father’s song and giving him the appropriate songwriter credit, Robin Thicke and Pharrell Williams released “Blurred Lines” and then filed a pre-emptive lawsuit against us, forcing us into court.  They sought to quickly affirm that their song was “starkly different,” than “Got to Give It Up.”  The Judge denied their motion for Summary Judgement, and a jury was charged with determining the “extrinsic and intrinsic similarities” of the songs.  The jury has spoken. 

We wanted to also make clear that the jury was not permitted to listen to the actual sound recording of “Got to Give It Up.”  Our dad’s powerful vocal performance of his own song along with unique background sounds were eliminated from the trial, and the copyright infringement was based entirely on the similarity of the basic musical compositions, not on “style,” or “feel,” or “era,” or “genre.”  His song is so iconic that its basic composition stood strong. We feel this further amplifies the soundness of the verdict. 

Like all music fans, we have an added appreciation for songs that touch us in mysterious ways.  Mr. Thicke and Mr. Williams certainly have a right to be inspired by “Got to Give It Up” but as the jury ruled, they did not have the right to use it without permission as a blueprint for a track they were constructing.

Great artists like our dad intentionally build their music to last, but we as the caretakers of such treasures, have an obligation to be vigilant about preserving the integrity of the music so that future generations understand its origins and feel its effect as the artist intended, and to assure that it retains its value.

We feel as many do that, our father, Marvin Gaye, is an artist for the ages.  But whether we’re talking about a work created 50 years ago or a work created 50 years from now – protecting the legacy of original artistry is not a personal obligation, but a universal commitment in support of enduring creative achievement, encouraging future artists to also aim for new ground and their own legacies. That is what copyright laws help us do; they give people the incentive to write original songs and then help protect those songs.

Our dad spent his life writing music- that is his legacy to us all- he wrote from his heart and was a brilliant songwriter, arranger, producer and one-of-a-kind vocalist.  If he were alive today, we feel he would embrace the technology available to artists and the diverse music choices and spaces accessible to fans who can stream a song at a moment’s notice. But we also know he would be vigilant about safeguarding the artist’s rights; a sacred devotion to not only the artist, but key in encouraging and supporting innovation. He also gave credit where credit is due.

Howard King, the attorney for Mr. Thicke and Mr. Williams stated after the verdict:  “We owe it to songwriters around the world to make sure this verdict doesn’t stand.  My clients know they wrote the song ‘Blurred Lines’ from their heart and souls and no other source.”

We never for a minute suggested that Mr. Thicke and Mr. Williams’ hearts weren’t in it.  But a jury of eight men and women have ruled that the source for “Blurred Lines” was the song “Got to Give It Up,” a song our dad wrote from his heart, and delivered to the world with pure joy.

With the digital age upon us, the threat of greater infringement looms for every artist.  It is our wish that our dad’s legacy, and all great music, past, present, and future, be enjoyed and protected, with the knowledge that adhering to copyright standards assures our musical treasures will always be valued.

And finally, we want to put to rest any rumors that we are contemplating claims against Pharrell Williams for his song, “Happy.”  This is 100% false.  We have absolutely no claim whatsoever concerning “Happy.”

Love and Respect,

Nona, Frankie, and Marvin III

Read more: http://www.rollingstone.com/music/news/marvin-gayes-children-what-our-father-would-say-about-lawsuit-20150318#ixzz3YfgvSgS4 

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Jazz band leader files $100m lawsuit against rap stars over 'illegal sampling'

New Orleans musician Paul Batiste accuses artists including T-Pain, Rick Ross and DJ Khaled of stealing his band's music

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• Sean Michaels
• theguardian.com, Friday 23 August 2013 10.29 EDT
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On the rights track … T-Pain, one of the defendants named in Paul Batiste's suit. Photograph: Michael Caulfield/Getty Images North America

The leader of a New Orleans jazz band has filed a $100m (£64m) lawsuit against some of rap's biggest names, accusing T-Pain, Rick Ross and DJ Khaled of illegally sampling their music. Paul Batiste alleges that the rappers and their labels "wrongfully copied nearly every song" in the Batiste Brothers Band's decades-old catalogue.

Lawyers for Batiste filed his lawsuit in US district court last week. Court papers also named the rappers Ace Hood and Pitbull, as well as almost every major hip-hop label and publishing company, including Cash Money, Fueled By Ramen, RCA Records, Universal, Sony/ATV, Def Jam, Zomba, WB Music and EMI Blackwood. According to documents obtained by AllHipHop, the defendants "have released an immense number of songs infringing upon [Batiste's] catalogue … poach[ing] beats, lyrics, melodies and chords".

Founded in 1976, the Batiste Brothers Band describe themselves as "a major influence on the current New Orleans jazz scene". Certainly the Batistes are one of Louisiana's most important musical families, and until recently one of the state's top arts schools bore the Batiste name. Batiste siblings and children have had connections to groups including the Meters, David and the Gladiators, George Clinton, the Dirty Dozen Brass Band, Wynton Marsalis and Prince.

In addition to copying musical content, some defendants even stole song titles, claim lawyers for Paul Batiste: four rap songs, Freeze, Download, Overtime, and Boom, "have the same or nearly identical titles to [Batiste]'s songs, Freeze, Download My Love, Overtime and Bam There You Have It". And because many of the allegedly infringing songs have been released several times, Batiste's complaints begin to balloon: "Each release constitutes an independent act or acts of infringement." Hence the $100m in damages.

Because there isn't much Batiste Brothers Band music available online, it's difficult to get a quick sense of the legitimacy of the group's complaint. But a short listen to Batiste's synthy 1999 song Sportsman's Paradise does indicate a certain similarity to the 2008 T-Pain singleFreeze.

Over the past 25 years Batiste has already fought several lawsuits concerning the unauthorised sampling of his compositions, including litigation against PM Dawn, Miller Beer and the Rebirth Brass Band, all of which were settled out of court. "Lawsuits are not fun," he wrote on his website. "The litigations took a toll and frustrated our efforts to grow in the music industry … They take up all your time and the results are sometimes little, but we had no choice but to claim what is ours."

The defendants have yet to issue a statement on this case.

   

As Hank Shocklee of the Bomb Squad told me, “A lot of the records that were being sampled were socially conscious, socially relevant records, and that has a way of shaping the lyrics that you’re going to write in conjunction with them.” 

Conversely, there are a few contemporary rappers who do use samples extensively but who are far from emulating the politics of Public Enemy or KRS ONE.  Kanye West is an obvious example—he samples liberally and is just as likely to revel in material excess and misogyny (as with the Ray Charles clip ported in for "Gold Digger") as he is to deliver a pointed social message (as with the Gil Scott-Heron performance that closes out My Beautiful Dark Twisted Fantasy).  That oscillation may stem from the fact that, nowadays, samples often speak less to hip-hop history than they do to present-day earnings—they have become so expensive to clear that for someone like Kanye West, they become markers of wealth to flaunt alongside his diamonds and Maybachs.  So, for instance, when Kanye sampled Otis Redding on Watch the Throne, music critic Chris Richards probably got it right when he said, “although West’s creation sounded cool, the overriding message was, ‘This cost me a lot of money.’” 

Thanks to a corporate and legal system that rappers don’t control, that’s one of the underlying messages of just about any sample today. This is a significant break from the early days of hip hop.  As Shocklee explains it, “The reason why we sampled in the beginning was that we couldn’t afford to have a guitar player come in and play on our record.  We couldn’t afford to have that horn section…or the string sections.  We were like scavengers, going through the garbage bin and finding whatever we could from our old dusty records.”  In a complete paradigm shift, today it’s probably less expensive to hire those string sections than to sample them.

With all the money now involved in sampling, though, there’s still one egalitarian space that has remained: the circulation of free mixtapes, which well-known and obscure artists alike use to generate publicity or showcase their talents.  These mixes, often based on uncleared samples, have generally avoided copyright lawsuits because they don’t generate revenue (not directly, anyway), and they have served as an important entrée into the industry for a number of well-known acts over the years.  They have also provided a space for artistic experimentation as well as, for some, a way to explore oppositional politics.  But recently even mixtapes have begun attracting lawsuits; along with Young Jeezy, big-name rappers like 50 Cent, Kanye West, Lil Wayne, and Mac Miller have been sued for illegal sampling on their free mixes. 

And so, with this important avenue of expression closing off for hip hop performers, what will the future of the music look like?  As Pete Rock took me through the previous generation of musicians that inspired and changed him, he finished by saying, “Music can really, really raise you.”  While he was talking about music’s capacity to elevate and transform, a new generation of kids is being raised on a brand of rap music that has fewer recognizable links to its artistic antecedents.  Perhaps, with so many new, Internet-based ways to access old music, my own children won’t need samples to “get to the roots” of rap music and will find them on their own.

I hope so. But just in case, I’m feeding them a steady diet of Public Enemy.

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I am a state certified teacher of more than 30 years with a BA in Instrumental Music
Education.    

Director, Paul Batiste has taught at over 15 schools in New Orleans since 1978.  Batiste is a state certified teacher, guitarist, composer, producer and flutist.  In 1962, he and his family won first place in the St. Augustine High School Talent Show.  In 1965, the family went to New York City for the Apollo Theater Show and won first place.  His Mom and Dad had a vision for the Arts.
Excerpts from "Memoirs of Paul A. Batiste"

For information: paulbatiste@aol.com or 504-7383040  
I am no longer the Band Director for ReNew at Batiste Cultural Arts Academy
Related web site:  
www.batistebrothersband.net
www.paulbatisteconservatory.com
www.batistefamilyinternationalschool.com
www.batistebrothersband.com
www.thebatistefamily.com
www.paulbatiste.com

www.turnaroundarts.pcah.gov/schools/batiste-cultural-academy/