THE MEDIA BUSINESS; Suit Deters Ad Jingles That Mimic Singers
|
|
But others worry that the Midler case opens new paths for legal action. Scott Elias, the president of Elias Associates, a music production house in New York, said it might be impossible to determine who owns what parts of a song. ”What if somebody who otherwise sounds nothing like Frank Sinatra uses his distinctive phrasing?” he asked. ”Does Sinatra own his phrasing?” Richard Kurnit, a specialist in advertising law at Frankfurt, Garbus, Klein & Selz, called the Midler suit ”an extreme case.” Nevertheless, he was advising his clients that ”you can buy the song and you can buy the arrangement but you should not tell the musicians to imitate anybody.” Sound-Alikes Fade Still, some commercial composers said, the Midler decision may ultimately end advertising’s symphony of sound-alikes. Mr. Krause said he had seen a trend toward ”more unique” music in commercials. Such a move toward originality is welcomed by composers like Mr. Vilinsky. Two years ago, he quit the commercial music business in frustration ”because people were always asking me to imitate other people.” He recently formed a new company and now accepts requests only for original music. ”It’s been a good year,” he said. ”Clients are coming to us for our own style, instead of saying they want a star’s sound.” Source : query.nytimes.com |