[Dixielandjazz] NIGHT TRAIN

[Harry Callaghan]

Stan, Don, Bill (& anyone else who wishes to be bored to tears over this)

Out of curiosity, I consulted an attorney friend over this, presenting him
with
the "Happy-Go-Lucky Local"/"Night Train" scenario and he appeared to share
my
opinion, that it was nothing short of plaigirism

I do not choose to do verbal battle with Stan, who earlier mentioned that it
is not unusual for others to do it, but I would have to say that every day
we hear of people  robbing convenience stores, but that doesn't make it
right.

Next time you're listening to anybody's recording of "Tin Roof Blues", think
of
Jo Stafford's hit record, "Make Love to Me'..  Yet, checking the record
labels.
you will not find the same composer(s) being credited with its composition.

I have found other cases, where popular numbers have been derived from
classical pieces, "I'm Always Chasing Rainbows" from Chopin's Fantasie
Impromptu, "Story of Three Loves', from Rachmaninoff's Rhapsody on a Theme
by Paganini and several others.

In each of the examples cited above, however, it was clearly stated from
whence
the melody was taken

I have often wondered if whoever wrote "Bei Mir Bist Du Schon" ever heard
and if
so, what was their reaction, when the Smith Street Society Jazz Band
recorded
"The Bear Missed the Train"?

Tides,
HC


On 2/23/10, BOYER DONALD <dnboy152 at sbcglobal.net> wrote:
>
> Stan and Harry and All,
>
> I had wondered also why Ellington never did anything about Forrest using
> his tune.  I remember several years ago a radio show on NPR I think
> consisting of a discussion of Ellington and Strayhorn's compositions.  The
> comment was made on that program that Ellington did not want to take another
> Black to court and he said that "He could write a little piddly tune like
> that anytime'!  The quote was like that I know the word "piddly" was used!
>
> Also, Buddy Morrow is still playing and will be appearing in the Tampa Bay
> area in the next few weeks.
>
> Don Boyer
> South Bend, IN & Palmetto FL
>
> --- On Tue, 2/23/10, Stan Brager <sbrager at verizon.net> wrote:
>
> From: Stan Brager <sbrager at verizon.net>
> Subject: Re: [Dixielandjazz] NIGHT TRAIN
> To: dnboy152 at sbcglobal.net
> Cc: "'Dixieland Jazz Mailing List'" <dixielandjazz at ml.islandnet.com>
> Date: Tuesday, February 23, 2010, 11:24 AM
>
> Harry;
>
> The "Night Train" theme was a part of "Happy-Go-Lucky Local" which is
> credited to both Billy Strayhorn and Duke Ellington. With regard to "Night
> Train", it's not unusual for someone to take an idea from one composition,
> expand it and copywrite it as his own. This is the case with Jimmy Forrest.
>
> Stan
> Stan Brager
>
> > -----Original Message-----
> > From: Harry Callaghan [mailto:meetmrcallaghan at gmail.com]
> > Sent: Tuesday, February 23, 2010 5:54 AM
> > To: dixielandjazz at ml.islandnet.com
> > Cc: Dixieland Jazz Mailing List
> > Subject: [Dixielandjazz] NIGHT TRAIN
> >
> > I recently saw Diana Krall perform "Night Train" and she made mention
> > of the
> > fact that the manner in which she played the number was inspired by her
> > late
> > friend Oscar Peterson.
> >
> > Also, as Duke Ellington was a composer as well as orchestra leader, it
> > is
> > not all that uncommon for a disc-jockey to mistakenly give credit to
> > Duke
> > for composing something that was actually written by Billy Strayhorn.
> > I
> > doubt very much if it is intentional.
> >
> > However, what has always been a complete puzzlement to me is why
> > Ellington
> > allowed his former saxophonist Jimmy Forest rip off  a segment of his
> > "Happy-Go-Lucky-Local" and call it "Night Train"
> >
> > I have Forest's original version on a 45 and a number of others, most
> > notably those of Buddy Morrow and a real upbeat version by Ernie
> > Englund
> > which an old friend of mine named Lee Donahue used as his theme for a
> > rock
> > deejay show in the late 50s bearing that name.
> >
> > While I never inquired of Lee as to why he used that version, I suspect
> > that
> > since it was recorded on the Cadence label, it might have been some
> > form of
> > allegiance to Archie Bleyer, my boss at the time.
> >
> > It has also often been used as background music in a movie scene or
> > some TV
> > skit when strippers would come walking down the runway..........believe
> > me,
> > with Ernie's version of it, they would have to come running down the
> > runway.
> >
> > Each one has Forest credited as the composer, and it would stand to
> > reason
> > that he would therefore be the recipient of any royalties attributed to
> > the
> > sales of the multitude of recorded versions.  I have never seen a piece
> > of
> > sheet music.but would strongly suspect that the same might be true
> > there as
> > well.
> >
> > Don't know if there's an answer but I just considered it worth thinking
> > about, while waiting for the tea kettle to whistle again
> >
> > Tides,
> > HC
> >
> > --
> > Music you grew up listening to
> > Or when we're done you'll wish
> > you grew up listening to.
> >
> > Callaghan's Corner
> > on okom.com
> > 7a & 7p Eastern Sat & Sun
>
>
>
>
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-- 
Music you grew up listening to
Or when we're done you'll wish
you grew up listening to.

Callaghan's Corner
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7a & 7p Eastern Sat & Sun