From Islets to Islets, What Is the Verdict?

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One reason checking my e-mails on a regular basis has become a personal habit is because I always receive interesting, thought-provoking, highly regarding, and inspiring messages from friends, acquaintances, and even people I don't personally know. Add to that, I get to exchange thoughts and insights with people who share with me a similar passion in scrutinizing the beauty and ugliness of the world and analyzing the triviality and the complexity of humanity.

Until now there are moments when I would feel disbelievingly overwhelmed by the power of the Internet to connect minds from around the world. Because of it, I was able to begin an acquaintanceship with a Chinese, an Indonesian, a Peruvian, a Yugoslav; and this made me realize that—stripped of the barrier caused by language and of the biases effected by cultures, religions, and individual peculiarities—all human beings hold in their hearts a single penultimate aspiration: to be able to live respectably and in peace.

I always find inspiration in anything I read or hear.

Sometimes I would feel altogether amazed and amused to realize that my thoughts are not independent islands after all, but only among the countless islets that comprise the single archipelago that is humanity.

I'm beginning fully to accept that my ideas are not entirely singularly original after all, in the sense that many others share similar ideas—ideas which I once thought existed exclusively in my mind. But, don't get me wrong. Not because of the implication that nothing is entirely original that I would let my soul succumb to the human folly of plagiarism or directly copying others' ideas and then passing these as my own.

Letting oneself be influenced by another is passable, in fact, it's inevitable...

"All events have their antecedents. Nothing comes from nothing," wrote David B. Guralnik, a contemporary American lexicographer.

...but to copy another's ideas, more so, works especially of obscure individuals, writers, or artists; and passing these as one's own, and then trying to get away with it, thinking that the masses or the people at large will unnotice it because of the obscurity of the original and underestimating the capability of ordinary people to notice the folly is, for me, doubly immoral and wrong! You steal the works of another, and you fool the masses by letting them unknowingly patronize what you've stolen.

This is impassable! Unacceptable, if I may emphasize!

A poet's verses or a musician's melodies are his lifeblood. Steal them or use these without consent and you suck the life out of him or bleed him to death.

This is a copy of an e-mail I received today from a new acquaintance who share a similar passion for New Wave music:

Oct. 6, 2005

Hey aLfie!

How's it going? Do you want homework? ' didn't think so. :D But bear with me; this could be a nice topic for your blog site.

I don't know if you've already heard about it, but there is a little controversy concerning Orange and Lemons's song "Pinoy Ako [I'm Filipino]."

The band allegedly stole the melody of the song from Care's "Chandeliers." Predictably, they say they did not.

Now, I have noticed that they do borrow a little from the acts that may have influenced them; for example, Stone Temple Pilots, for "Hanggang Kailan [Until When]," and Violent Femmes, for "Strike whilst the Iron Is Hot." But, I don't hold it against them.

I've never heard "Chandeliers," so I cannot have an opinion. But perhaps you have and you do—being an Ian Broudie fan and all. And since you're a pro, perhaps you could render a verdict through your famous blog site.

Should you have a copy of the song I would appreciate it if you could throw an MP3 my way. I'm very intrigued.

Anyway, salamat ulit.

Best regards to Lolo.

All the best,
Steven

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Dear Steven,

So, only now that the Care ripoff has started to become a news. Guess what, I and fellow musicians and music enthusiasts who are members of the newwave101 yahoogroup had already discussed this ponderously several weeks ago.

The verdict of most of us? "Pinoy Ako" was indeed a ripoff. In fact, even some friends who are not that much into music, more so Alternative Rock, after listening to both songs, did not find difficulty in passing judgment: "Both did really sound uncannily alike."

We also exchanged posts with Orange and Lemons band members Mcoy and Clem who, predictably, didn't (and wouldn't) admit to a direct ripoff. They insisted that the similarity was an inevitable and subliminal influence, for they were listening heavily to Care's music during the period they were arranging "Pinoy Ako."

However, "plagiarism occurs whether there is intention to deceive or not."

My own verdict? As a fan of Care and as an enthusiast of Alternative Rock music for more than two decades now, I knew right away, upon first listen to the song in question, that it is not simply an accidental sound-alike of Care's "Chandeliers," but that it is in fact a direct ripoff of this—something which Orange and Lemons most likely thought would pass unnoticed because of Care's obscurity.

Will Orange and Lemons find themselves in a serious legal trouble because of it? They might, depending on the musical knowledge of the judge who will handle the possible case. Nevertheless, the band is standing by an excuse which states that "for a song to be considered a copy of another, the former must possess a succession of seven similar notes from the latter," or something like that. This particular article I found on the Internet, "What Is Melody?" by a songwriter named A-J Charon, gives a fairly simple explanation as regards how one can discern if plagiarism in music had indeed been committed. And, based on his illustration and my enough knowledge in music, a relatively large part of the melody and structure of "Pinoy Ako" is indeed a copy of that of "Chandeliers."

Orange and Lemons' graver folly, however, is not their copying of Care's "Chandeliers" and their attempt to get away with it but their seeming disrespect to the listening public, whom they have led to believe that "Pinoy Ako" is an original. Another irony is that the song's lyric preaches about Filipino originality, pride, and ingenuity; thus the song mocks the very essence of these qualities.

The situation could have been better handled by the band by simply acknowledging that the song was a modified Filipino translation of "Chandeliers." In the first place, they should have asked permission from BMG-Pilipinas, who owns the local distribution rights of Care's music, and credited Paul Simpson and Ian Broudie of Care as composers. Yet, again, the ripoff has been done.

Furthermore, OnL, in their current interviews on print media, strongly insist that they are innocent. Although, this proves inconsistent with what they have been admitting on some Internet-based fora.

Will I still listen to "Pinoy Ako" and to the rest of Orange and Lemons' songs? Do I listen to ripped-off songs and to bands who have committed a ripoff?

Yes.

Any piece of music is, in the end, remains a piece of music worthy of appreciation. I may listen to such songs especially if I generally like the musical style of the band, but I will never spend my precious money for an original copy of their releases.

Will Orange and Lemons win this battle?

Yes and no.

Considering the many heinous and graver crimes committed in the world today, music plagiarism like this becomes too trivial to be taken to court. Therefore, legally they will elude this case, get away with it, and retain their loyal fanbase. But, essentially speaking, the band has lost the respect of people who truly value creativity and originality, who regard music as sacred, and who believe in musician's integrity. It's now up to Orange and Lemons which is more gratifying. It is now up to the listeners which is more satisfying.

What does profit an artist if she gains fans and melodies but loses her originality and credibility?

Can they still regain the lost respect? Why not? As long as they'd ultimately and responsibly acknowledge their blunder, and regard this as a lesson—in fact, a lesson not only for them but also for other bands and artists who had ripped off in the past and who are thinking of ripping off another obscure victim: That in our currently interconnected world, blunderers can no longer get away with their follies. Besides, History has its way of documenting such, with Time acting as the penultimate judge.

"Common souls pay with what they do; nobler souls with that which they are," declared Ralph Waldo Emerson.

In fairness to them, Orange and Lemons seem to be a talented lot. I'd already seen them perform live. I listen regularly to my MP3 copies of their songs. In fact, being a musician myself belonging to the same musical circle to which they belong, I am acquaintances with Orange and Lemons members Mcoy and Clem. Members of BTTE ("back to the edge") yahoogroup, we exchange e-mails once in a while. And with the way I sense their personalities, I'm certain that, in the midst of this folly and controversy, they will decide to clean up their act to be able to rise no longer tainted and unashamed; and this time, clothed in integrity and armed with originality. Let's pray to each of our own deities that on their third album we may find music which we can regard really their own. Now, that's what I would be calling Filipino pride. But until then, so long as they don't admit to their foolery, the artist and critic in me remains inconsolable.

That was my verdict. What's yours?

Listen to both songs by clicking each of the song titles below, and judge for yourself. I would love to "hear" your thoughts.

Care - "Chandeliers"
Orange and Lemons - "Pinoy Ako"


Care was an Alternative Rock band formed by Paul Simpson and Ian Broudie in 1983 in Liverpool, England. The duo released a string of singles in the '80s but soon broke up without producing an album. Their brilliant songs, which include "Whatever Possessed You," "Flaming Sword," "My Boyish Days," and "Chandeliers," were compiled and released posthumously as the album Diamonds and Emeralds (1997, BMG).


Paul Simpson, inbetween Care's activity, was the vocalist of another classic English band, The Wild Swans, whose popular songs include "Bringing Home the Ashes" and "Whirlpool Heart," from the album Bringing Home the Ashes (1988); and "Immaculate" and "Melting Blue Delicious," from the album Space Flower (1990). Currently, Simpson uses the moniker Skyray, who recently released the album Liquid Crystal Display (2005).


Ian Broudie, on the other hand, became more successful after consequently forming The Lightning Seeds in the late '80s, releasing a string of albums which spawned hit singles like "Pure," "Life of Riley," "Three Lions," and "Life's Too Short." Gone solo, Broudie released his first album, Tales Told, in 2004.


Orange and Lemons is a contemporary Filipino Alternative Rock band formed in 2003 in Bulacan, Philippines. They released their first album, Love in the Land of Rubber Shoes and Dirty Ice Cream, in the same year; following it up with Strike whilst the Iron Is Hot (2005). Their hit singles include "Hanggang Kailan [Until When]," "Just like a Splendid Love Song," and "Pinoy Ako [I'm Filipino]," which is included in the official soundtrack of Pinoy Big Brother, Philippines' franchised version of the currently internationally-popular reality TV show Big Brother, the concept of which was derived from George Orwell's 1949 novel Nineteen Eighty-four.

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And then some more...let your ears be the judge. I'm unsure whether these artists had properly credited the originators.

Filipino Alternative Rock bands versus their foreign influences:

# Eraserheads - "Alapaap" (1994) vs. [American] The Lemonheads - "It's a Shame about Ray" (1992) and [English] The Pale Fountains - "Reach" (1984)

# True Faith - "Shotgun Baby Bang Bang" vs. [English] The Railway Children - "Another Town" (1987)

# Orient Pearl - "Babaeng Sorbetes" (1994) vs. [Scottish] Lloyd Cole & the Commotions - "Ice Cream Girl" (1990)

# Sheila & the Insects - "Will" (2000) vs. [English] 1000 Violins - "Halcyon Days" (1988)

# Soapdish - "Ewan Ko" (2005) vs. [Swedish] Popsicle - "Histrionics" (1994) vs. [English] Arkarna - "So Little Time" (1997)

# Orange and Lemons - "A Beginning of Something" (2003) vs. [English] The Housemartins - "Happy Hour" (1986)

Disclaimer: Despite these blunders, the rest of the musical works of each of the Filipino bands featured on this blog site for evaluation purposes are still worthy of our appreciation and consideration. For, in the end, any piece of music remains a piece of music. However, appreciation is different from admiration. I may still appreciate their music, but this doesn't mean I automatically admire and respect them.

Without integrity there is no respect. Without acknowledgment, admittance, and remorse there should be no forgiveness.

However, don't lose heart and pride in Filipino originality and ingenuity because there are still a lot of Filipino Rock bands whose music is devoid of blatantly direct derivation. Now those, to me, are what I regard not just pieces of music but masterpieces!