"Why" did Keith Jarrett win his case and is now co-credited as composer of Gaucho?

Discussion in 'Music Corner' started by ParloFax, Dec 12, 2008.

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  1. ParloFax

    ParloFax Senior Member Thread Starter

    I finally found the Jarrett album "Belonging" and listened carefully to "'Long As You Know You're Living Yours". AFAICT, no doubt that Steely Dan got influenced by that "groove" or harmonic progression. But there is no specific melody I can make out in the Jarrett piece, let alone that might resemble Gaucho + Becker & Fagen ONLY used this groove in their introduction to the first verse (each chorus) and absolutely not for the "meat" of their beautiful and elaborate song...

    I'd love to hear comments on this, particularly from the musicians here, because I'm not one, and I wonder on what musicological grounds such a case can be won in court...
     
  2. GregK

    GregK I'm speechless

    Location:
    Baltimore, MD
    I don't agree; it sounds like a blatant rip-off to me. First time I heard it I almost spit out my coffee!
     
  3. pdenny

    pdenny 22-Year SHTV Participation Trophy Recipient

    Location:
    Hawthorne CA
    I'm with you. Fagen has admitted as much.
     
  4. tspit74

    tspit74 Senior Member

    Location:
    Woodridge, IL, USA
    What I can't believe is that out of 26 freakin' Keith Jarrett records in my collection, none of them are Belonging.

    I want to hear this track the Dan stole from.
     
  5. Didn't actually even know about the court case, let alone the co-credits. :shrug:
     
  6. readingm

    readingm Senior Member

    Location:
    Redwood City, CA
    Go find Belonging immediately! :)

    It's one of his best.
     
  7. Parkertown

    Parkertown Tawny Port

    Wow...me too. Heh... :shh:
     
  8. tspit74

    tspit74 Senior Member

    Location:
    Woodridge, IL, USA
    Okay, I just listened to a short snippet off of Amazon. It is Gaucho. I guess he deserves the songwriting credit.
     
  9. GregK

    GregK I'm speechless

    Location:
    Baltimore, MD
    Yes, get Belonging immediately. A classic. My Song is almost as good.
     
  10. Or, we should say "Gaucho" is "Long As You Know You're Living Yours."
     
  11. ATR

    ATR Senior Member

    Location:
    Baystate
    And they copped the opening of Horace Silver's 'Song for my Father' for 'Rikki Don't Lose that Number'. Only Silver didn't sue. I'd guess he needed the royalties more than Keith.

    You can probably find out how courts decide what percentage of a composition has to be 'stolen' in order to award royalties or songwriting credits. Not something that I know off the top.
     
  12. ParloFax

    ParloFax Senior Member Thread Starter

    Wait a minute. Where is that plagiarism in the MELODY that starts right from Fagen singing "Just when I..."? Where can I correlate that with the Jarrett piece? What did I miss?...
     
    somnar likes this.
  13. Parkertown

    Parkertown Tawny Port

    Ahhh, but I do have it on the Rarum collection. Totally Gaucho... :)
     
  14. Buzzz

    Buzzz Forum Resident

    Location:
    back here on Earth
    If so, be careful... someone may steal it from you.

    :angel:
     
  15. ParloFax

    ParloFax Senior Member Thread Starter

    ATR: >And they copped the opening of Horace Silver's 'Song for my Father' for 'Rikki Don't Lose that Number'. Only Silver didn't sue. I'd guess he needed the royalties more than Keith.<

    AFAIK, that Song For My Father vs. Rikki is a similar "non-case": they lifted Silver's hook-intro only and absolutely not the melody itself, and not even the chord structure...
     
  16. His Masters Vice

    His Masters Vice W.C. Fields Forever

    Right, and as I recall it was a session musician who came up with (or stole, if you like) that piano part for the intro, not Becker or Fagen themselves.
     
  17. ParloFax

    ParloFax Senior Member Thread Starter

    BTW, some of you seem to have a problem finding this Jarrett album. Mine is in the "to sell" box (I didn't wildly enjoy it). This is a NM French ECM pressing. I won't ask for much, but I may warn you (esp, USA members) that shipping costs for an LP from here in Canada are killer!! (11/12$CND?...)
     
  18. GregK

    GregK I'm speechless

    Location:
    Baltimore, MD
    ??
     
  19. monewe

    monewe Forum Resident

    Location:
    SCOTLAND
    It was a definite rip off. You only have to hear 30 seconds of the Jarrett track to know that.
     
  20. Andreas

    Andreas Senior Member

    Location:
    Frankfurt, Germany
    I hear a similarity, but neither the melody nor the rhythm are identical. No basis for a case.
     
  21. sherrill50

    sherrill50 Well-adapted Melomaniac

    Location:
    Mukilteo, WA
    It happens. The same thing happened with Cat Stevens 'I Love My Dog' (1966) and Yusef Lateef's 'Plum Blossom' (1961). Yusuf Islam, a.k.a. Cat Stevens, has since admitted lifting the melody (in the booklet from the 'Cat Stevens' box set).

    I hadn't heard 'Plum Blossom' until last night. I too just about spit out my coffee in surprise!
     
  22. I agree with regard to "Rikki." It's not nearly so blatant as is "Gaucho."
     
  23. Phlo

    Phlo Formerly dave-o

    Location:
    Memphis, TN
    When "Gaucho" was released I remember Musician Magazine doing an interview with Becker & Fagen. They asked point blank if Becker was familiar with the Jarrett song, and he said yes a bit sheepishly. They called him out on it and he said, hell..we're the baron-robbers of rock 'n roll!"
     
  24. ParloFax

    ParloFax Senior Member Thread Starter

    ...A line I would take with a grain of salt, from what I've read on print from and about Walter Becker...
     
  25. tps

    tps Forum Resident

    Location:
    Philadelphia, PA
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