I don’t intend to discuss the “Blurred Lines” case in this post. There are plenty of folk already committing thoughts on the ruling. While the circumstances of the recent Thicke/Williams/Gaye case are not explicitly about sampling, they are indicative of the direction sample/copyright litigation can go in the future. When samples from a composition infringe upon the copyrights for the song, it is dangerous territory. Rather than focus on those dangers however, I’d like to exemplify possibilities of a more open (and arguably the intended) interpretation of copyright laws, by doing something I should have done seven years ago – put out my project Heads (dropping on April 1st, 2015).
My position has not changed from previous writings on sample laws – transformative sampling produces original work. My intent here is to present an artist’s statement on Heads that illustrates how transformative sampling and derivatives of it require broader interpretation; they should be legally covered as original compositions.
I’ve kept Heads in the vaults since 2007 while continuing from its artistic direction, all the while doing little tinkerings to convince myself it wasn’t done yet (it was). I had been pursuing analog technologies I swore would be the finishing touches it needed, to convince myself it wasn’t ready yet (it was). Then I lost 4TB of files in a quadruple hard drive killer power surge. The last Heads masters were among the 500GB that survived.
The project was born in response to comments made by Wynton Marsalis, dismissing hip-hop and denying its connection to the legacy of black music.
It’s mostly sung in triplets. So what? And as for sampling, it just shows you that the drummer has been replaced by a loop. The drum – the central instrument in African-American music, the sound of freedom – has been replaced by a repetitive loop. What does that tell you about hip-hop’s respect for African-American tradition? – Wynton Marsalis
I was offended as both a hip-hop and jazz head, so I set out to produce a body of work that showed the artistic originality of sampling and tied the practice to black musical traditions.
Prior to the analog experiments, I was modeling a series of digital Open Sound Control (OSC) instruments based on the monome, starting with a sampler but expanding into drum machines synthesizers and other noise makers. Together I called them the Heads Instruments. 95% of the composition work on Heads began with these instruments, all of which were built around the concept of sampling.
The title Heads, comes from the musical head, which is a fundamental part of the jazz tradition. The head is the thematic phrase or group of phrasings that signify a song; heads can be comprised of melody, harmony and/or rhythm. Jazz musicians use the head as a foundation for improvisation, a traditional form including the alternating of head and solo improvisations . Often times in jazz, the head comes from popular songs re-envisioned through improvisation in a jazz context, such as John Coltrane’s famous refiguring of “My Favorite Things” from The Sound of Music. In addition to being covers, these versions are transformations of the original into a different musical context. The Heads Instruments were designed specifically as instruments that could perform a head in a transformative manner.
Hip-hop attacks itself. It has no merit, rhythmically, musically, lyrically. What is there to discuss? – Wynton Marsalis
I was a bit annoyed at Marsalis, just how much is illustrated by the opening track of Heads, “Tony Wynn,” eponymously named after the contemporary jazz saxophonist, who, like Marsalis, feels that hip hop is not music. In it a character berates his friend for bringing up Wynn’s position. On the surface the song talks trash, but musically it makes layers of references.
First, the song’s format (down to the title) is a nod to the Prince tune “Bob George.” In his song, Prince parodies a character berating a girlfriend for being with Bob George. The voice of the character in “Tony Wynn” and some of his comments come straight from Prince’s song, but the work as a whole is not a direct cover of “Bob George.”
“Tony Wynn” is undeniably influenced by the Minneapolis sound, that eclectic late 1970s and early 80s scene that blend of funk, rock, and synthpop, but how the track arrives there is complicated. It does contain a Prince sample, but not from “Bob George.” The sample is played in a transformative manner, chopping a new riff different from the source material. It also includes a hit from another song, a sample of only one note, yet one identifiable as signature. The drums are ‘played’ in what could be described as the Minneapolis vibe. You can also hear a refrain that mimics yet another song. All of these sampled parts create a new head, to which I added instrumental embellishments with co-conspirator Dolphin on bass, synth, and the killer Prince-esque guitar solo.
The track represents a hodgepodge of Prince influences, but because those influences are so varied, none can be individually identified as the heart of “Tony Wynn.” Furthermore, at the bridge all of the samples get flipped on each other, some re-sampled and performed anew. Nothing can be pinned down as an infringement on technicalities, without taking into account the full context of the transformation. While “Tony Wynn” is heavily influenced by Prince, it is not a Prince song.
Rap Rap Rap
The second track on Heads,”Rap Rap Rap,” features Murda Miles and Killa Trane. I chose its title and head to reference the 1936 Louis Palma song “Sing Sing Sing,” made popular by the Benny Goodman Band. Coming out of the big band era, the song is closer to a traditionally composed Western standard, the heavy percussions however distinguish it. While you will find no samples of sound recordings from any version of “Sing Sing Sing” in “Rap Rap Rap,” it still represents the primary sample head used.
The opening percussive phrases are influenced by rhythmic hand games—an important but often overlooked precursor to hip hop discussed in Kyra Gaunt’s The Games Black Girls Play: Learning the Ropes from Double-Dutch to Hip-Hop. Here the rhythm sets the pace before charging into the head with a swing type of groove as the two featured artists, Murda Miles on trumpet and Killa Trane on sax, call out the head. What distinguishes these horns however, is that they are both sample based.
The song’s head is still based on “Sing Sing Sing,” but for the dueling horn parts the samples come from the recordings of Miles Davis and John. While Davis and Coltrane played together at a fair number of sessions, these samples come from two divergent sources from their individual catalogs. I chopped, tuned and arranged them for performance so that they could play in tune with the head.
The opening half of “Rap Rap Rap” sees both sticking to the head with little flourishes, but at the half way mark, the accompaniment changes to a distinct hip-hop beat still firmly rooted in the head. The two horns shift here as well, trading bars in a way that nods to both jazz and rap. The phrasing of the sample performance itself mimics a rapping cadence here, bridging the gap between the two traditions.
The head for next track “La Botella” (The Bottle), uses a popular salsa motif as the head, accentuated by a son influenced percussive wall of sound. The percussions vary from live tracked percussions to percussion samples to percussive synthesis. I performed many of the percussive sounds utilizing the Heads Instruments sequencer, which lends itself to the slightly off—while still in the pocket—swing.
The format of this particular head allowed for an expanded arrangement, through which I nod to the Afro-Cuban influence in the African American tradition, from jazz to hard soul/funk to rock and roll. Son evolved from drumming traditions that have their own forms of the head. There is a duality in these two traditions that pairs a desire for tightness with a looseness in spirit, and this tension continues into musics influenced by them. The percussions on “La Botella” carry that duality. The collective drums sound as an instrument, while each individual drum can be aurally isolated.
The actual samples in the song come from vocal bits of The Fania All-Stars, but the true Fania mark I emulate on “La Botella” is the horn section. They sound nowhere near as good—let’s just get that out of the way—but the role they play comes directly from the feel of a classic Fania release. Could the horns actually be attributable to a single source? I doubt it, but more importantly, they operate only as a component of the song itself, placing this inspiration in a different musical context.
“Sound Power” fully embraces ‘sound’ as a fundamental musical object. Sounds in and of themselves can be understood as heads. The primary instrument I used on “Sound Power” is the sound generator of the 4|5 Ccls Heads Instrument. 4|5 Ccls is an arpeggiator modeled after John Coltrane’s sketches on the cycle of fifths. I tend to think of such sounds in relationship to the latter Coltrane years when he was using his instrument as a sound generator, clustering notes together and condensing melody.
Similarly, arpeggiators group notes into singular phrases which can be interpreted as heads. The head on “Sound Power” does not push the possibilities to the extreme, as Coltrane did; it remains constrained within a rhythmic framework. However, it shows the power of sound as fundamental. All of the drums, percussive elements, bass and harmonies flow from the head, accentuated by heavyweight vocal chops from the Heads Instrument scratch emulator.
The intro to “Come Clean” marks a turning point in the album. The first four tracks present are technical feats to illustrate the point. “Come Clean” doesn’t slack off. Musically this track is the closest to the “Blurred Lines” case; notably, other than the intro, it contains no sample. It’s head, however, comes from the Jeru the Damaja song “Come Clean” produced by DJ Premier. I did an extensive breakdown on the technical details of “Come Clean” on Avanturb a few years ago; my online installation shows how (and for how long) I have been contemplating this track. But to paraphrase the sample here, the true power of music is helping the listener realize the breadth of their own existence in this universe. My use of the song is very intentional, and I deliberately change its themes for the album.
For “Come Clean,” I worked with percussionists Zach and Claudia who studied in the Olatunji line of drumming. They noted the physical timing challenges getting used to the song’s unique head, but, once they locked in, the head held its own. That exemplifies the power of this means of composing – new original ideas which can push music’s possibilities.
As an artist, I advocate for the interpretation of copyright laws so that someone cannot sue because three notes of a song appear in one they own, or because a sound from the recording the record company convinced the artist to sign over to them for pennies was repitched and played into a melody. I know that arriving to music via these methods can push the traditions further, everything copyright laws were written to encourage. If we don’t change the way we think about copyright, the ability to create in this manner will be lost in litigation.
Primus Luta is a husband and father of three. He is a writer and an artist exploring the intersection of technology and art, and their philosophical implications. He maintains his own AvantUrb site. Luta was a regular presenter for Rhythm Incursions. As an artist, he is a founding member of the collective Concrète Sound System. Recently Concréte released the second part of their Ultimate Break Beats series for Shocklee.
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Throughout the month of March, nerdcore MCs Mega Ran (Raheem Jarbo) and Sammus (Enongo Lumumba-Kasongo) will be embarking on the “Rappers with Arm Cannons” Tour. Both artists independently based their monikers on two of the most notable video game characters to possess arm cannons, (Mega Man and Samus respectively), but they have since collaborated on several songs and a SoundScan charting Castlevania project, as well as sharing the stage at numerous concert venues and conventions, and releasing individual albums and videos that have received international attention and critical acclaim. Now three years later the two teachers-turned-rappers have decided to take their show on the road alongside rapper and sound engineer Storyville (Matthew Weisse), who has recently joined forces with Mega Ran to release their February 2015 album “Soul Veggies.”
While at first glance the name of the tour appears a bit tongue-in-cheek, it calls necessary attention to the growing presence of Black nerdcore artists like Mega Ran and Sammus who cast their experiences as people of color against the backdrop of nerd and geek culture. In Mega Ran’s case, this has meant writing verses about his struggle to make sense of his Black nerd identity while growing up amongst a very rough crowd in Philadelphia. For Sammus, being a rapper with an arm cannon has largely meant reconciling her ideas about the lack of diverse representations of Black women in notable movies, games, and cartoons among other media forms.
Both Mega Ran and Sammus began making beats on the Playstation game MTV Music Generator. Since that time Sammus has brought together the production styles of Kanye West, Daft Punk, Björk and various video game composers to produce beats that are rich with video game synths and uniquely chopped samples. Mega Ran has similarly drawn on his love of hip hop artists, such as Redman, Nas, and Busta Rhymes as well as music from video games such as Mega Man, Final Fantasy VII, and River City Ransom.
On Tuesday, March 10th, the tour stopped at Cornell University’s Just About Music center where SO! Editors J. Stoever And Aaron Trammell sat down with the trio for a very frank and open discussion on how to survive and thrive as independent artists in the new music economy. Here’s a choice sample of that conversation:
The tour began on March 5th in NYC and will continue through March 19th with final stops in Austin, TX at this year’s South-by-South-West (SXSW). For full details on tall of the dates visit http://sammusmusic.com/shows-tour-dates/
Enongo Lumumba-Kasongo is a PhD student in the Department of Science and Technology Studies at Cornell University. Since completing a senior thesis on digital music software, tacit knowledge, and gender under the guidance of Trevor Pinch, she has become interested in pursuing research in the emergent field of sound studies. She hopes to combine her passion for music with her academic interests in technological systems, bodies, politics and practices that construct and are constructed by sound. More specifically she would like to examine the politics surrounding low-income community studios, as well as the uses of sound in (or as) electronic games. In her free time she produces hip hop beats and raps under the moniker Sammus (based on the video game character, Samus Aran, from the popular Metroid franchise).
Making Music at Studio X: The Identity Politics of Community Studios-Enongo Lumumba-Kasongo
SO! Amplifies: Regina Bradley’s Outkasted Conversations-Regina Bradley
Editor’s Note: Here’s installment #3 of Sounding Out!‘s blog forum on gender and voice! Last week I talked about what it meant to have people call me, a woman of color, “loud.” The week before that we hosted Christine Ehrick‘s selections from her forthcoming book; she introduced us to the idea of the gendered soundscape, which she uses in her analysis on women’s radio speech from the 1930s to the 1950s. In the next few weeks we’ll have A.O. Roberts with synthesized voices and gender, Art Blake with his reflections on how his experience shifting his voice from feminine to masculine as a transgender man intersects with his work on John Cage, and lastly Robin James with an analysis of how ideas of what women should sound like have roots in Greek philosophy.
This week regular writer Regina Bradley puts the soundtrack of Scandal in conversation with the agency of the show’s protagonist, a black woman in manages crises for a living. So, lean in and close your eyes, but keep your ears open for any spies creeping in. –Liana M. Silva, Managing Editor
9:00 pm (Eastern). The quick shutter of an invisible camera calls the attention of the viewers to Scandal. The clicking re-emphasizes the show’s title, bringing to mind paparazzi and their capturing of scandalous behavior. The shuttering also signifies the literal and sonic fast paced timing of Shonda Rhimes’ most popular ABC prime time show: quickened plots, fast talks, and blink-and-you’ll-miss-something-important visual details. Scandal’s central character, Washington D.C. crisis manager Olivia Pope (portrayed by Kerry Washington), is known mostly for her sharp professional outfits and no-nonsense approach to work. In Olivia, Rhimes has created a black female character that is perfectly flawed, a symbol of both the potential power and victimization of black women. Olivia Pope is neither just the savior nor is she solely a victim.
Scandal evokes intense debate about race and power because of its visual politics, but rarely is Scandal’s scoring prominent in those discussions. The soundtrack acts as an indicator of contemporary black women’s agency in popular culture. As both Rhimes and Scandal music director Alexandra Patsavas reveal, Scandal’s ‘vintage’ soundtrack is an opportunity to buoy the plot and add a unique alternative perspective to the action taking place on the show. The soundtrack’s nods to yesteryear artists – including Stevie Wonder, The Ohio Players, The O’Jays, Sam Cooke, Earth, Wind, and Fire, and Nina Simone sonically narrate additional layers of agency and identity on the show. Are these tracks giving Olivia a voice? What does Scandal’s scoring suggest about race, place, and power scripts for black women in contemporary popular culture?
Scandal takes place in Washington D.C., a location full of physical and sonic significance in national lore and the black popular imagination. In a national narrative D.C. is the epicenter of political agency, power, and the visibility of whiteness as a form of power. It is America’s city. Yet D.C. in the black imagination is the Chocolate City, a space that serves as a living archive of black folks’ attempts to intervene into a national narrative that would rather overlook the contributions of black bodies and culture. Washington, D.C. is the home of the Moorland-Springarn Research Center and multiple black cultural archives, Howard University and its place as the black mecca of Black Greek Letter Organizations, GoGo Music, and (embattled) social-political policies and endeavors for black people. It is a site of black identity that goes much farther than the place where everyone saw how a certain somebody had an American Dream. On the other hand, the increasing gentrification of the city raises questions of whether or not the nickname “Chocolate City” is applicable.Thus, Washington, D.C. exists at the crux of the romanticization of Americanness as a form of worldly power and the reality that (white) Americanness does not include all Americans.
Yet Washington D.C. as a site of complex and rich black experiences does not alone buoy Scandal’s use of Washington, D.C. as a site where a black woman “handles” the hustle and bustle of American power and its upheaval. This type of work takes place in the scoring, particularly because the show is not culturally recognizable as a “black show.” Its inherent blackness is sonic, using black music to revisit tropes of power and racial politics.
One possible and albeit slightly heavy handed approach for thinking through Scandal’s leaning on funk and soul music is to point out how the show uses black cultural forms to invoke power. For example, soul songs like Otis Redding’s “Mr. Pitiful,” Edwin Starr’s “War,” and Sly and the Family Stone’s “Everyday People” are not only used to accentuate the action in a scene but the possibility of Olivia as a power figure. The use of black men’s voices as they yell, scream, and moan sonically allude to power as a masculine concept. Yet Olivia’s connection to these songs signifies her potential to wield power in unorthodox ways not associated with black women. For example, the crescendo of music before Olivia delivers a demand to her team sets up her agency as a political figure. Her blackness is amplified and earmarked by the music. This pairing amplifies the question of race and power in a useful way. The dominantly black musical script offers the critique and engagement with Olivia Pope’s blackness that many viewers and critics complain are lacking. (See the brilliant synopsis presented by Dr. Jessica Marie Johnson about Shonda Rhimes’ portrayal of black women and popular culture that took place at Duke University last month.)
Scandal serves vintage musical scoring as a double entendre: the sound of black music from previous eras evokes ‘vintage’ scripts of race, gender, and power from that era that seep into this present moment. Scandal’s use of soul, funk, and disco sonically allude to larger questions lingering from the Civil Rights Movement: integration as an equalizer of power and privilege, the hypermasculinity of the Civil Rights Era, its cultural producers, and the immediate aftermath of these scripts on (black) American society in the late 1960s and 1970s. We frequently annotate black agency through the men creating (singing?) the music. This is equally true for the black cultural productions of the era, as they aesthetically supplemented the understanding that black folks mattering connected to the uplift and healthy presence of black men. Even with soul and funk music, which stand as antithetical responses to the problematic expectations of classist respectability politics, black women’s agency was associated with the sexual, emotional, or physical agency of black men.
The blackness and “maleness” of the funk and soul used in Scandal’s score subverts the power that Olivia Pope exerts in her dealings with her clients, her lovers, and team. For example, in season two Olivia and President Fitz’s sex tape is threatened to be leaked to the public. It is important to note that the tape is an audio tape, suggestively alluding the absence of physical and visual rhetoric to address the interracial relationship. As Olivia gives the word to leak the sex tape, The Ohio Players’ track “Love Rollercoaster” begins to play. It sonically stabilizes Olivia’s decision to “leak” her sexuality as a power move while also leaving room to question the deeper implications of how the viewer navigates her blackness and womanhood using physical, aural, and cultural markers of sexuality. Using male funk and soul artists allows Pope to ‘codeswitch’ between cultural scripts of power as masculine and womanhood as opposite power. It amplifies her authority and agency while signifying that her physical appearance and voice may not have the ability to confer her worth to the audience.
This tug-and-pull of power and agency is most amplified in Olivia Pope’s dealings with her father Rowan Pope, played by Joe Morton (who plays the HELL out of this role, by the way). Rowan Pope is a literal and figurative double agent: He is Elijah Pope, a curator of antiquities at the Smithsonian, and Rowan Pope, head of the top secret and lethal U.S. organization called B613. His fragmented life speaks to the constant negotiation of “safe” black masculinity. He also embodies the anxieties about black men as violent and bloodthirsty. Rowan/Elijah encapsulates all of the swagger and vitriol associated with conceptualizations of black power and black men from the Black Liberation Era. He is cold and calculating, and he complicates the rhetoric of racial uplift and expected from the Civil Rights/Black Power movements. He speaks in hardened, hushed tones with conviction, while snarling his words with spite for white authority. Not to mention, his is the character that brings up race overtly in the show.
This balance between hushed tones and snarled words comes through in Rowan’s early interaction with Olivia during Scandal’s season three premiere. Olivia, on the run because her name is leaked as the President’s mistress, is recovered by her father and told to flee the country. Rowan is not a doting and concerned father in this scene. Rather, he is disappointed by her lack of prowess and failure to aspire to higher forms of power and authority than “first lady.” Rowan recognizes there is no power in being the wife of the President, especially as a black woman, and he criticizes her for not following the first rule of black folks’ survival: “You need to be twice as good to get half of what they have.” “They” is a collective noun for white folks, often spoken behind closed doors as a means to inspire young black folks to do better. Rowan demands she state out loud what they need to be twice of. Olivia’s voice cracks and is breathless as she whispers “twice as good to get half of what they have.” Rowan exaggerates a “yes” and dismisses Olivia as “mediocre.” It is a painful and powerful scene where multiple dichotomies take place: a father scolding his daughter, a black man undermining black women’s agency, and the fear/anxiety about black women’s sexuality as a sign of weakness and lacking privilege. The wavering volume of Olivia’s voice signifies her quickly plummeting ability to voice her power. Olivia’s loss of words amplifies Rowans’ own authority, embodied in his voice when he adamantly declares “I am the hell and the high water!” No soundtrack can save her here.
However, Rowan does have human moments, reaching out to his estranged daughter Olivia with wine and music, specifically Stevie Wonder. Her record collection is filled with Stevie Wonder. It is important that she has a record collection instead of a collection of CDs or playlist. Not only does this detail speak to the trope of “vintage” that runs through the show but also gives credence to how Olivia establishes her power. Her major moments are annotated by Stevie Wonder: when her name is leaked “Higher Ground” plays in the background. When she is kidnapped at the end of the episode for past December’s Winter finale “Don’t You Worry Bout a Thing” takes center stage. Again, the sounds of a man, her father in this instance, are the soundtrack to her work. The choice of music subverts the gender balance of power. Through male artists, the show gives Olivia her authority.
The most prominent sonic signifier is the instrumental accompaniment from the artist The Album Leaf titled “The Light.” Also known as Olivia and President Fitz’s “song,” the track plays each time the two characters interact and share intimacy (physical and otherwise).
Notes from what sounds like an electric piano playing a scale are short and sweet to the ear. The track lends its innocence and vulnerability to Olivia and Fitz’s affair and offers a possibility that their love for each other can be read as star-crossed instead of in bad taste.
Scott Poulson-Bryant offered an intriguing read on his Facebook page on “The Light” as an allusion to the Civil Rights’ theme song “We Shall Overcome.” This reading of “The Light” as the context to Olivia and Fitz’s relationship makes room to complicate how Olivia’s agency as a black woman is historically and politically bound to women before–she alludes to her similarity to Sally Hemmings in one episode. Olivia’s Sally Hemmings reference uses Hemmings as the genesis point for understanding the complexity of Olivia’s sexual encounters as well as how to navigate black women’s sexual agency – and pleasure – in popular spaces. Sally Hemmings’ relationship to President Thomas Jefferson lends historical credence to Olivia and Fitz’s Scandal but also signifies the gray area of historical memory, cultural expectations, and consent as a form of power for African American women. “The Light” instrumental is not only a sonic accompaniment of Olivia as she relates to Fitz but her own struggles to recognize and balance her public and personal agency.
The soundtrack of Scandal gives a voice to not just Olivia’s authority in a place where race and power are intertwined but also a voice on national television to how whiteness and political power operate. Scandal’s controversial protagonist/anti-hero Olivia Pope is often central to recent discussions of race, gender, and popular culture. But the soundtrack to the show asks viewers to not just watch closely but also listen closely. Tune out and you might miss something.
Regina Bradley recently completed her PhD at Florida State University in African American Literature. Her dissertation is titled “Race to Post: White Hegemonic Capitalism and Black Empowerment in 21st Century Black Popular Culture and Literature.” She is a regular writer for Sounding Out!
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