[Dixielandjazz] Stolen Tunes

Steve barbone barbonestreet at earthlink.net
Sat Dec 3 20:00:22 PST 2005

Regarding Babette Ory vs. Country Joe and The Fish for his 1960s version of
1,2,3, What Are We Fighting For, which was based on part of Muskrat Ramble:

Country Joe admitted that Ory's tune inspired him. Had the case been brought
back in the 1960s, at the time of the offense, Ory would have won. However,
it was brought 40 years later by Ory's daughter, after Kid's death.

Problem was the doctrine of law called latches. Basically, it means that if
you don't sue for relief in a timely manner, you will not get relief.

Kind of like a Statute of Limitations.

Regarding stolen tunes generally, just about everybody has "stolen" a tune
or two. Especially in early OKOM and/or popular music. The ODJB stole a few
during their reign, by being first to obtain copyrights of existing songs.
And, many popular tunes from the American Songbook are direct steals from
classical music.

Don't ask me which, they are much too numerous and easy to research.


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