The Mudcat Café TM
Thread #21335   Message #227149
Posted By: Whistle Stop
12-May-00 - 01:15 PM
Thread Name: Santana - The Grammy & Plagiarism???
Subject: RE: Santana - The Grammy & Plagurism???
I don't have the album or know the song, but what the hell, I'm going to comment anyway. It's customary, and completely respected, in jazz circles to lift melodies from other songs and rework them, insert them into other songs, etc. Sometimes it's done with a knowing wink, but a lot of time times the musician is too damn busy thinking through what he's doing to try to make it obvious to others that he knows what he's doing.

"Fly Me to the Moon" is a standard, and nobody is going to lift that tune in a dishonest attempt to "get away with it". More likely Carlos (who has one foot in jazz circles) knew exactly what he was doing, figured other people would know what he was doing, but just didn't think there was anything wrong with it. I don't either. With all the millions of songs that are out there (constructed of the same 12 notes that we're all accustomed to using), if we have to get too obsessive about avoidance or attribution, it will have a deadening effect on our creativity. I realize that this concept could be abused if taken too far, but to me, creative freedom is more sacred than ownership.