[Dixielandjazz] Plagiarism

[James O'Briant]

Bob Romans wrote, in part:

> > In 1920, the stage performer Al Jolson, together 
> > with Buddy de Sylva and Vincent Rose, wrote a 
> > popular song, "Avalon", about the town of the 
> > same name on Santa Catalina island. The following 
> > year, G. Ricordi, the publisher of Puccini's operas, 
> > sued all parties associated with the song, arguing 
> > that the melody was lifted from E lucevan le stelle. 
> > Puccini and his publisher prevailed in the case and 
> > were awarded $25,000 in damages and all future 
> > royalties for the song.

I often tell that story when the Zinfandel Stompers play "Avalon."

Steve Heist replied:

> Hi Bob and all...
> The one I always heard was the pop song "Yes, We Have No 
> Bananas" (~1922 or
> so) was sued for the first 4 notes/chords by...
> Handel's decendents!
> The tune?
> The Hallelujah Chorus!  and I heard they won...  anyway, 
> that's the way the story goes...

This story is apocryphal. I don't recall the details of early
English Copyright Law, and whether it would have been in effect
when Handel composed "Messiah" in the 1740's, but any copyright
would have long since expired by the 1920's. 

Henry Fillmore wrote "Shoutin' Liza Trombone," one of his
"Trombone Family" collection of trombone novelties, sometime
around 1915-1925. (I don't recall the exact date.) It quotes the
same first four notes of the "Hallelujah" chorus as well, also
without copyright issues, as the original work had long been in
the Public Domain.

Jim O'Briant
Gilroy, CA
Tuba & Leader, The Zinfandel Stompers