AS SEEN ON TV
Getting the groove back from Jim Brickman
Ilonggo singer and composer Nelson Del Castillo waited two years to even get his complaint moving against Jim Brickman whom he accuses of stealing his 1994 hit song “If”.
Del Castillo who rose to fame in the 90’s after years of playing the piano at the now defunct Tavern Pub and Restaurant was so frustrated that his complaint fell on deaf ears.
Brickman allegedly used Del Castillo’s entire melody for his own CD entitled “Hope”. Del Castillo charged the American pop artist for violating Republic Act 8293 or the Intellectual Property Code of the Philippines.
Last week a subpoena was served immediately after Brickman’s Eastwood concert and hearings are set on November 11 and 18 at the Manila Prosecutor’s office.
In a newspaper interview Del Castillo said his crusade to fight for due recognition of his composition was tough because he did not have the backing of a record company.
Litigation of Intellectual Property infringement cases also tend to drag in the courts, adding to an artist’s longer, slower journey towards justice.
But Del Castillo’s luck could change.
On October 26, 2009 the International Property Office of the Philippines turned over to Supreme Court Justice Puno the proposed Special Rules on Intellectual Property Rights litigation in the country’s courts.
The Special Rules, inked by international delegates to the Intellectual Property Rights Week Celebration held recently at the Shangrila Hotel in EDSA Mandaluyong City aims to hasten the litigation process in the country, so Intellectual Property creators will enjoy the benefits of their assets.
The Special Rules on litigation are designed to add more teeth to intellectual property enforcement through systems that enable fast and efficient dispensation of IP-related cases. The Special Rules contain guidelines on how courts should handle confiscated evidence from infringers as well as litigation procedures.
The rules apply to all civil actions for violation of IP rights, of which Nelson’s case is an example.
Reading the blogs and discussion threads on the subject, many Filipinos have empathized with Nelson whose claim to fame is “If” the very song that Brickman allegedly copied and claimed as his own.
One of the threads suggested that Brickman had already apologized to Del Castillo, calling it an honest mistake.
I don’t know for sure what Brickman meant by that.
In my opinion a composer could accidentally copy a chord, a verse or a good two to three measures of a song by honest mistake. After all there are only 8 notes in an octave (counting the higher C) and with a gazillion songs composed since prerecorded music history, the chance of two composers getting similar notes or combinations is highly, likely.
But getting an entire song by mistake albeit honest is almost improbable.
To begin with “If” is not an obscure composition that never made airplay. It was the number one song months after it was released even if Brickman would claim he hasn’t heard it.
This case reminds me of a recent controversy hounding Pinoy band Orange and Lemons’ phenomenal hit “Pinoy Ako” (theme song from Pinoy Big Brother), which was allegedly a rip off of the song “Chandelier” by a quaint UK 80’s band, The Care.
A reality was brought out at the height of the row that some musicians and composers tend to incorporate styles of their favorite artists hence the “familiar sound” in their compositions. Pinoy Ako and Chandelier sounded similar in tune and almost in instrumentation, differing only towards the chorus.
But I could not say Brickman’s composition just had a touch of Del Castillo. Just listen… and both compositions are one and the same.