La Cage aux Folles (musical) and Timbaland plagiarism controversy: Difference between pages

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{{too short|date=April 2008}}
{{otheruses|La Cage aux Folles}}
[[Image:Timbaland - Rolling Stone.jpg|thumb|350px|right|Rolling Stone's website covers the controversy on January 18th.]]
{{Infobox Musical
'''Timbaland's plagiarism controversy''' occurred in January 2007, when several news sources reported that [[Timbaland]] (Timothy Z. Mosley) was alleged to have [[plagiarism|plagiarized]] several elements (both motifs and samples) in the song "[[Do It]]" on the 2006 album ''[[Loose (album)|Loose]]'' by [[Nelly Furtado]] without giving credit or compensation.<ref name="Iltalehti"/><ref name="eDome"/><ref name="Rolling Stone"/> The song itself was released as the fifth North American [[single (music)|single]] from ''Loose'' on [[July 24]], [[2007]].
|name= La Cage aux Folles
|image=LaCagePoster.JPG
|caption= Original Broadway Windowcard
|music=[[Jerry Herman]]
|lyrics=[[Jerry Herman]]
|book=[[Harvey Fierstein]]
|basis=1973 [[France|French]] [[Play (theatre)|play]] by [[Jean Poiret]]
|productions= [[1983]] [[Broadway theatre|Broadway]] <br> [[1986]] [[West End theatre|West End]] <br> [[2004]] [[Broadway theatre|Broadway]] [[Revival (play)|revival]] <br> [[2007]] [[West End theatre|West End]] revival
<!-- Please do not include production-specific (acting, directing, etc.) awards -->
|awards=[[Tony Award for Best Musical]] <br> [[Tony Award for Best Book of a Musical|Tony Award for Best Book]] <br> [[Tony Award for Best Score]] <br> [[Drama Desk Award|Drama Desk Outstanding Music]] <br> [[Tony Award for Best Revival of a Musical|Tony Award for Best Revival]] <br> [[Drama Desk Award|Drama Desk Outstanding Revival]]
}}


==Background==
'''''La Cage aux Folles''''' is a [[musical theatre|musical]] with a book by [[Harvey Fierstein]] and lyrics and music by [[Jerry Herman]]. Based on the 1973 [[La Cage aux Folles (play)|French play]] by [[Jean Poiret]] and subsequent 1978 [[France|French]]-[[Italy|Italian]] [[La Cage aux Folles (film)|screen version]] (one of the most popular foreign films ever released in the [[United States]]), the musical focuses on a [[gay]] couple: Georges, the manager of a [[Saint-Tropez]] nightclub featuring [[Drag queen|drag]] entertainment, and Albin, his star attraction - and the adventures that ensue when Georges' son brings home his [[Engagement|fiancée]]'s ultra-conservative parents to meet them.


The claimed original track, entitled "Acidjazzed Evening", is a [[chiptune]]-style 4-channel [[Amiga]] [[Module file|module]] composed by [[Finland|Finnish]] [[demoscene]]r [[Janne Suni]] (a.k.a. Tempest). <ref name="tempest">[http://www.fairlight.fi/tempest/ Tempest's website]</ref> The song won first place in the Oldskool Music competition at [[Assembly (demo party)|Assembly 2000]], a [[demoparty]] held in [[Helsinki]], [[Finland]] in 2000. <ref>[http://www.scene.org/file.php?file=%2Fparties%2F2000%2Fassembly00%2Fresults.txt&fileinfo Scene.org's Assembly 2000 results data]</ref> According to [[Scene.org]], the song was uploaded to their servers the same year, long before the release of the song by Furtado. The song was later remixed (with Suni's permission) by [[Norway|Norwegian]] [[Glenn Rune Gallefoss]] (a.k.a. GRG) for the [[Commodore 64]] in [[MOS Technology SID|SID format]] - this is the version which was later allegedly sampled for "Do It". It was added to the [[High Voltage SID Collection]] on [[December 21]], [[2002]].<ref>[http://hangar18.campus.luth.se/exotica/tunes/archive/C64Music/DOCUMENTS/Update34.hvs High Voltage SID Collection Update #34]</ref>
The musical's 1983 [[Broadway theatre|Broadway]] production overcame competition from several strong new shows that season, including [[Stephen Sondheim]] and [[James Lapine]]'s ''[[Sunday in the Park with George]]'', [[Kander and Ebb]]'s ''[[The Rink (musical)|The Rink]]'' and [[David Shire]] and [[Richard Maltby, Jr.]]'s ''[[Baby (musical)|Baby]]'', winning six [[Tony Award]]s out of nine nominations, including the top honors of Best Musical, Best Score and Best Book. Among the forward-looking themes of the musical is the idea that gays can form stable, long-term relationships and raise children.


A video which claims to show proof of the theft was posted to [[YouTube]] on [[January 12]],[[2007]].<ref>YouTube [http://www.youtube.com/watch?v=M4KX7SkDe4Q Producer Timbaland steals song from Finnish musician]</ref> Another video was posted to YouTube on [[January 14]], [[2007]], claiming Timbaland also stole the tune a year earlier for the ringtone ''Block Party'', one of several that were sold in the United States in 2005.<ref>YouTube [http://www.youtube.com/watch?v=wV2fTEeP6GM Timbaland steals song - more proof!]</ref>
==Background==

A gay-themed project was risky in the early years of the [[AIDS]] epidemic, even though many Broadway performers, crew members, and devotees were [[homosexual]]. But the creative team - all gay men - felt that such a show was the tonic needed by those suffering from the illness and to combat the overt [[homophobia]] that had surfaced in some quarters due to the threat posed by the epidemic.
==Authors' comments==
===Janne Suni===
Although ''La Cage'' was [[Broadway theatre|Broadway]]'s first gay-themed musical, it was nevertheless a mainstream production. Laurents didn't allow his lead characters so much as a peck on the cheek for fear that he might offend his audience. It was an old-fashioned production in the best sense - elaborate costumes by veteran [[Theoni V. Aldredge]], exquisite sets, glamorous chorus girls (including mostly boys in drag), and a lushly romantic score. According to theatre historian John Kenrick, ''La Cage'' and the strong 1983 season was the last great Broadway season. After the next season's ''[[Big River (musical)|Big River]]'', for "the first time since ''Oklahoma'', a full decade would go by before a new American musical would pass the 1,000 performance mark."
Janne Suni posted the following comment regarding the copyright status of "Acidjazzed Evening" on [[January 15]], [[2007]]:

<blockquote style="background: #F0F0F0; border: 1px solid black; padding: .3em;">"...I have never given up the copyrights of Acidjazzed Evening. I also have never authorized '''commercial''' use of the song. In 2002, however, Glenn Rune Gallefoss (also known as GRG) made a conversion/arrangement of the Acidjazzed Evening which was not released commercially. This arrangement was made on the Commodore 64 computer. It was authorized by me, and Glenn Rune Gallefoss explicitly asked for permission before releasing the arrangement."<ref name="tempest"/></blockquote>

On [[February 16]], [[2007]], he added the following note:

<blockquote style="background: #F0F0F0; border: 1px solid black; padding: .3em;">"I'll correct one persistent misconception: I have been using the services of a law firm since September 2006. Things are gradually developing behind the scenes, and whatever the result turns out to be like, I'll publish any available info here as soon as possible."<ref name="tempest"/></blockquote>

On [[September 9]], [[2007]], his webpage was updated with the following information:
<blockquote style="background: #F0F0F0; border: 1px solid black; padding: .3em;">"My case regarding the controversy has come to its closure. Just as before, I will not answer any questions about the case.
"<ref name="tempest"/></blockquote>

===Glenn Gallefoss===
The C64 news portal C64.sk published the following comment from Glenn R. Gallefoss on January 15, 2007:

<blockquote style="background: #F0F0F0; border: 1px solid black; padding: .3em;">"... Its my sid version that has been sampled in do-it : You can hear that by the 11 waveform bleeps I have put in at random plaves (only 3 voices on a sid you know), the arpeggios are using filters, I can even hear the lead using my multipulse routine (which i rarely use, but i did it on acidjazz.sid )."<ref>[http://www.c64.sk/?content=news&searchstring=UPDATE+15.+JAN+2007+15%3A20%3A+GRG C64.sk: GRG’s cover of Tempest’s tune got ripped]</ref></blockquote>

On [[February 3]], Gallefoss published the following comment on his personal web page:

<blockquote style="background: #F0F0F0; border: 1px solid black; padding: .3em;">"Not much to tell about this matter. I have made a deal with my lawyers. Sometime in the near future, something will happen."<ref>[http://home.eunet.no/~ggallefo/ GRG's web site / news]</ref></blockquote>

===Universal / Nelly Furtado===
Hannu Sormunen, a Finnish representative of Universal, which represents Nelly Furtado in Finland, commented the controversy as follows in the [[January 15]], [[2007]] issue of [[Iltalehti]]:

<blockquote style="background: #F0F0F0; border: 1px solid black; padding: .3em;">
In case that the artist decides to pursue the matter further, it's on him to go to America and confront them with the local use of law. It will require a considerable amount of faith and, of course, money.<ref name="Iltalehti">[http://www.iltalehti.fi/popstars/200701145593138_ps.shtml Onko Nellyn hitti Suomesta?] ('''Finnish''')<!-- An English alternative for this source would be appropriate, as it is not too hard to find (an American matter, after all). --></ref></blockquote>


The first legal action against Universal Finland was officially filed with Helsinki District Court in mid-August 2007, on behalf of Glenn R. Gallefoss.
In the [[2006]] comedy movie [[Jackass Number Two]] , the end of the movie is a reference to La Cage Aux Folles.
[http://www.musicals101.com/1980bway2.htm]


==Productions==
;Broadway
After fifteen previews, the Broadway production, directed by [[Arthur Laurents]] and [[choreographed]] by [[Scott Salmon]], opened on [[August 21]] [[1983]] at the [[Palace Theatre, New York|Palace Theatre]], where it ran for 1,761 performances. The original cast included [[Gene Barry]] (as Georges), [[George Hearn]] (as Albin), [[John Weiner]] (as Jean-Michel, the handsome son), [[Walter Charles]] (as M. Renaud), Jay Garner (as Edouard Dindon), [[Merle Louise]] (as Mme. Dindon), Elizabeth Parrish (as Jacqueline), Leslie Stevens (as Anne), and William Thomas, Jr. (as Jacob). Replacements for the leads later in the run included [[Walter Charles]], [[Keene Curtis]], [[Van Johnson]], [[Peter Marshall (game show host)|Peter Marshall]], [[Keith Michell]], and [[Lee Roy Reams]].


After thirty-one previews, a Broadway revival directed by [[Jerry Zaks]] and choreographed by [[Jerry Mitchell]] opened on [[December 9]] [[2004]] at the [[Marquis Theatre]], where it ran for 229 performances. <ref>[http://www.ibdb.com/production.asp?ID=383058 Internet Broadway Database listing for 2004 revival]</ref> The cast included [[Gary Beach]], [[Daniel Davis]], and [[Gavin Creel]]. [[Robert Goulet]] replaced Davis later in the run.


==Third-party analysis==
;West End
A device in Timbaland's studio, as seen in video clips from the MTV show "Timbaland's Diary", has been identified as an [[Elektron SidStation]].<ref name="eDome" /><ref name="C64Audio" /> This device is a MIDI-controlled synthesizer based on the [[MOS Technology SID|SID chip]] of the Commodore 64, and it is capable of playing back .sid files the way they would have sounded on the original hardware. It has been speculated that Timbaland downloaded Gallefoss' version of the song from the High Voltage SID Collection<ref name="C64Audio" /><ref name="Heise" /> and used the SidStation for running it to the studio system.<ref name="eDome" /><ref name="C64Audio" />


Chris Abbott, maintainer of the website [[C64Audio.com]], posted an in-depth analysis on the topic and summarizes it in his on-line article. Abbott has commercially released Commodore 64 music, most notably the "Back in Time" CD series. Abbott writes regarding the alleged plagiarism:
The [[West End theatre|West End]] production opened on [[May 7]] [[1986]] at the [[London Palladium]], where it ran for nearly eight months (301 performances). It starred [[Denis Quilley]], [[George Hearn]], and [[Jonathon Morris]].
<blockquote style="background: #F0F0F0; border: 1px solid black; padding: .3em;">"What appears to have happened is that the three-voice output from the original C64 version has had the bass voice silenced: that missing bass voice then follows the original tune except for a couple of changed notes, and the removal of some octave jumps. However, various technical procedures show that other components of the song (chords/melody/rhythm) have been exactly reproduced. This is vanishingly unlikely to have happened by chance."<ref name="C64Audio">[http://www.c64audio.com/timbaland.php Chris Abbott: Doin' it for themselves: what's going on in Timbaland?]</ref></blockquote>


Abbott also notes that although the evidence seems to be conclusive, the eventual outcome is not. The record company has a multitude of possible reactions to the controversy as well as many possible reasons why the sample was not cleared on the first place.
A London revival, starring [[Philip Quast]] (Georges) and [[Douglas Hodge]] (Albin), opened at the [[Menier Chocolate Factory]] on 8 January 2008, and played there until March 8 2008. [http://www.britishtheatreguide.info/reviews/lacage-rev.htm] This has now transferred to the West End from 20 October 2008 at the Playhouse Theatre.<ref>[http://www.thisistheatre.com/londonshows/lacageauxfolles.html listing]</ref>


==Similar cases==
;International
Earlier examples of unauthorized commercial use of SID music have been brought up by sources covering the Timbaland plagiarism controversy.


An often-mentioned example is [[Zombie Nation (band)|Zombie Nation]]'s 1999 hit ''Kernkraft 400'', which was a remake of [[David Whittaker (video game composer)|David Whittaker]]'s song for the 1984 Commodore 64 game [[Lazy Jones]]. David Whittaker was paid an undisclosed sum for it.<ref>[http://web.archive.org/web/20010630145207/http://www.nme.com/NME/External/News/News_Story/0,1004,9126,00.html NME: OK COMPUTER!]</ref> Another example is the [[Netherlands|Dutch]] hit ''You've Got My Love'', for which the artist [[Bas Bron|Bas "Bastian" Bron]] sampled the drums from [[Jeroen Tel]]'s and [[Reyn Ouwehand]]'s song made for the [[Rubicon (game)|Rubicon]] game. Both of the cases were won by the original authors in court.<ref name="eDome" /><ref name="C64Audio" />
The 1985 [[Australian]] production starred [[Keith Michell]] (as Georges) and [[Jon Ewing]] (as Albin).<ref>[http://www.broadwayworld.com/bwidb/sections/audio/index.php?var=66019 broadwayworld listing]</ref>


The [[Fitts for Fight]] case also involved stolen chipmusic.
The [[Colombian]] production starred Cesar Mora (as Zaza) and Fernando Gonzalez Pacheco (as Renato)


In April 2008, a similar case was revealed about self-proclaimed "chiptune maestro" [[Laromlab]], who released his self-titled album on [[Mushpot Records]], but shortly after was discovered that the entire album is in fact the work of a chiptune collective called the [[YM Rockerz]]. Mushpot responded by dropping Laromlab immediately from the label<ref>[http://mushpotrecords.com/news/ Mushpot Records<!-- Bot generated title -->]</ref>, and Laromlab himself has issued an apology, stating the "project was a hoax, a complete fallacy".<ref>[http://prod1.cmj.com/articles/display_article.php?id=63047429&loc=interstitialskip CMJ News Story<!-- Bot generated title -->]</ref>
Foreign language productions have played in [[Berlin]], [[Vienna]], [[Italy]], [[Mexico City]], [[Buenos Aires]] and [[Bogotá]].
The Argentinian production was one of the most successful musicals in Buenos Aires (two years). Starred by Tato Bores, as Renato (Georges), Carlos Perciavalle, as Zaza, and Darío Grandinetti (then Aníbal Silveyra), as the son. The Mexico City production ran for two and one-half years in the "Teatro Silvia Pinal". In the role of "Zaza" was Javier Diaz Dueñas and in the role of "Sr. Albin" Gustavo Rojo, as well as Silva Pinal.


==Synopsis==
==Media coverage==
===The beginnings of the controversy===
Georges and his lover Albin, who stars as ''Zaza'' at their St. Tropez drag nightclub, "La Cage aux Folles," have lived happily together for many years. Their apartment is also home to their black "maid" Jacob. Georges' son Jean-Michel (the offspring of a confused, youthful liaison with a woman named Sybil) arrives with the news that he is engaged to Anne Dindon. Unfortunately, her father is head of the "Tradition, Family and Morality Party," whose stated goal is to close the local drag clubs. Anne's parents want to meet their daughter's future in-laws. Jean-Michel has lied to his fiancée, describing Georges as a retired diplomat. Jean-Michel pleads with Albin to absent himself (and his flamboyantly gay behaviors) for the visit - and for Georges to redecorate the apartment in a more subdued fashion. He will invite Sybil--who has barely been involved with him since his birth--to dinner in Albin's stead. Albin's feelings are hurt – he has been a good "mother". He departs in a huff.
The earliest [[internet forum]] posts suggesting that "Do It" was based on "Acidjazzed Evening" date back to July 2006<ref>[http://www.vee.fi/musiikki/levyt/nelly_furtado/loose/kayttajien_arviot/ Vee.fi user reviews of Nelly Furtado: Loose]</ref>, and according to the Finnish news portal [[eDome]], "Suni and other demoscene hobbyists" already knew about it at this time.<ref name="eDome">[http://plaza.fi/harrastukset/edome/artikkelit/yleiset/yhdysvaltalaistuottaja-polli-suomalaismuusikolta Yhdysvaltalaistuottaja pölli suomalaismuusikolta] ('''Finnish''')<!-- An English alternative for this source would be appropriate, as it is not too hard to find (an American matter, after all). --></ref>


===Mainstream coverage===
The next morning, Georges suggests to Albin that he dress up as macho "Uncle Al". Back at the chastely redesigned apartment, Georges receives a telegram that Jean-Michel's mother Sybil is not coming, and Anne's parents arrive. Hoping to save the day, Albin appears as Jean-Michel's buxom, forty-year-old mother. The nervous Jacob burns the dinner, so a trip to a local restaurant, Chez Jacqueline, belonging to an old friend of Albin and Georges, is quickly arranged. No one has briefed Jacqueline on the situation, and she asks Albin for a song. As Zaza, Albin yields to the frenzy of performance and tears off his wig at the song's climax, revealing his true identity.
One of the first large media to react to the on-line controversy was the [[YLE|Finnish Broadcasting Company]], which published a news item on the topic in [[January 14]], [[2007]].<ref name="YLE">{{cite web|url=http://www.yle.fi/uutiset/kulttuuri/id51183.html|title=Amerikkalaista hiphop-tuottaja Timbalandia syytetään suomalaisen plagioinnista}}</ref>


The electronic music magazine [[Side-Line]] put a complete news round-up up on its website.<ref>[http://www.side-line.com/news_comments.php?id=20102_0_2_0_C Did Björk producer Timbaland steal music from demoscene? More evidences showing up !]</ref> Finnish tabloids [[Ilta-Sanomat]],<ref>{{cite web|url=http://www.iltasanomat.fi/viihde/uutinen.asp?id=1301161|title=Suosittu jenkkibiisi onkin suomalaiskopio?}}</ref> [[Iltalehti]],<ref>{{cite web|url=http://www.iltalehti.fi/popstars/200701145593138_ps.shtml|title=Onko Nellyn hitti Suomesta?}}</ref> and newspapers ITviikko,<ref>{{cite web|url=http://itviikko.fi/page.php?page_id=15&news_id=20071045|title=Hittituottaja varasti suomalaisen Amiga-biisin?}}</ref> and DigiToday<ref>{{cite web|url=http://www.digitoday.fi/page.php?page_id=11&news_id=20071051|title=Veisaako Nelly Furtado Suomesta varastettua Amiga-biisiä?}}</ref> also published articles about the suspected plagiarism on [[January 15]], [[2007]].
Back at the apartment, the Dindons plead with their daughter to abandon her fiancé, but she is in love with Jean-Michel and refuses to leave him. Jean-Michel, deeply ashamed of the way he has treated Albin, asks his forgiveness, which is lovingly granted. The Dindons prepare to depart, but their way is blocked by Jacqueline, who has arrived with the press, ready to photograph these notorious anti-homosexual activists with Zaza. Georges and Albin have a proposal: If Anne and Jean-Michel may marry, Georges will help the Dindons escape through La Cage aux Folles next door. The Dindons do so, dressed in drag as members of the nightclub's revue, and all ends well.


On [[January 16]]th, Finnish news portal [[eDome]] published an article about the case saying in the English summary that:
==Characters==
*'''Albin''' - The star of the La Cage club, as drag alter ego, "Zaza."
*'''Georges''' - Albin's partner, and owner of La Cage, as well as compere.
*'''Jacob''' - Butler (or housemaid as he would correct!), and Albin's personal assistant.
*'''Jean-Michel''' - Georges' son, due to a short-lived affair 20 years ago.
*'''Anne''' - Jean-Michel's fiancée.
*'''Monsieur Edouard Dindon''' - Anne's father, and leader of the Tradition, Family and Morality Party.
*'''Madame Marie Dindon''' - Edouard Dindon's wife, and Anne's mother.
*'''Chantal of Avignon''' - One of Les Cagelles drag troupe, with a stunning voice.
*'''Hannah from Hamburg''' - Another of Les Cagelles, but brandishes a whip.
*'''Phaedra the Enigma ''' - The Cagelle with a wild tongue!
*'''Jaqueline''' - Albin's friend, and the owner of classy restaurant, "Chez Jaqueline."
*'''Monsieur and Madame Renaud''' - Owners of the Promenade Cafe.


<blockquote style="background: #F0F0F0; border: 1px solid black; padding: .3em;">"It is beyond any doubt that Timothy 'Timbaland' Mosley has directly copied large sections of Janne Suni’s songs, much more than any 'fair use' would allow. Timbaland has not sampled tiny bits or effects from the song, but whole sections. This is a clear breach of copyright." <ref name="eDome">[http://plaza.fi/harrastukset/edome/artikkelit/yleiset/yhdysvaltalaistuottaja-polli-suomalaismuusikolta Yhdysvaltalaistuottaja pölli suomalaismuusikolta]</ref></blockquote>
==Song list==
{{col-begin}}
{{col-2}}
;Act I
*We Are What We Are
*A Little More Mascara
*With Anne on My Arm
*With You on My Arm
*The Promenade
*Song on the Sand
*La Cage aux Folles
*I Am What I Am
{{col-break}}
;Act II
*Song on the Sand (Reprise)
*Masculinity
*Look Over There
*Cocktail Counterpoint (aka "Dishes")
*The Best of Times
*Look Over There (Reprise)
*The Finale
{{col-end}}
Albin's Act I finale number, the rousing "[[I Am What I Am (song)|I Am What I Am]]," was recorded by [[Gloria Gaynor]] and proved to be one of her biggest hits. It also became a rallying cry of the [[Gay Pride]] movement.


The article also covered similar cases from the past and notified that both the competition and the prize ceremony "were witnessed by the 4000-5000 people at the event. The competition and the ceremony were also shown in Helsinki area cable TV."<ref name="eDome"/> The same day, the news reached Norwegian media, including [[Norsk rikskringkasting|Norwegian Broadcasting Corporation]]<ref>{{cite web|url=http://www.nrk.no/kanal/nrk_p3/5828277.html|title=Norsk offer i plagiat-skandale}}</ref> and [[Dagbladet]]<ref>{{cite web|url=http://www.dagbladet.no/kultur/2007/01/16/489070.html|title=Anklager stjerneprodusent for juks}}</ref>, both of which interviewed Gallefoss.
==Cast Recordings==
{{col-begin}}
{{col-2}}
*Original Broadway Cast
*Original Australian Cast
*Original Berlin Cast
*Original Vienna Cast
*Original Colombian Cast
*Original Mexican Cast
*Original Italian Cast
{{col-end}}


On January 17th, the case was reported on briefly by the [[Rolling Stone]] website,<ref>{{cite web|url=http://www.rollingstone.com/rockdaily/index.php/2007/01/16/kanye-west-and-fall-out-boy-get-intimate-finnish-artists-after-nelly-furtado-jamie-foxx-parses-own-vocabulary/|title=Finnish Artists After Nelly Furtado?}}</ref> [[XXL (magazine)|XXL Magazine]],<ref name="XXL">{{cite web|url=http://xxlmag.com/online/?p=6979|title=Revenge Of The Nerds - Timbaland vs. The Internet}}</ref>
==Awards and nominations==
and the popular German IT news portal [[Heinz Heise|Heise online]]. Heise's story suggests that Timbaland downloaded Gallefoss's SID arrangement from the High Voltage SID Collection.<ref name="Heise">{{cite web|url=http://www.heise.de/newsticker/meldung/83835|title=Hiphop-Produzent wilderte in C64-Musikarchiv}}</ref>.


On January 18th, Rolling Stone put the controversy as top news of the day with a more detailed article<ref name="Rolling Stone">{{cite web|url=http://www.rollingstone.com/rockdaily/index.php/2007/01/18/is-timbaland-a-thief/|title=Is Timbaland a Thief?}}</ref>. Later that day the [[San Jose Mercury News]] covered the story in their blog<ref>{{cite web|url=http://blogs.mercurynews.com/aei/2007/01/did_super_produ.html|title=Did Super Producer Timbaland copy the track of "Do It" off of Finnish producer Janne Suni?}}</ref>
'''1983 production'''
*Tony Award for Best Musical (winner)
*Tony Award for Best Book of a Musical (winner)
*Tony Award for Best Original Score (winner)
*Tony Award for Best Actor in a Musical (Hearn, winner; Barry, nominee)
*Tony Award for Best Costume Design (winner)
*Tony Award for Best Lighting Design (nominee)
*Tony Award for Best Choreography (nominee)
*Tony Award for Best Direction of a Musical (winner)
*[[Drama Desk Award]] for Outstanding Musical (nominee)
*Drama Desk Award for Outstanding Book (nominee)
*Drama Desk Award for Outstanding Actor in a Musical (Hearn, winner; Barry, nominee)
*Drama Desk Award for Outstanding Orchestration (nominee)
*Drama Desk Award for Outstanding Lyrics (nominee)
*Drama Desk Award for Outstanding Music (winner)
*Drama Desk Award for Outstanding Costume Design (winner)
*Drama Desk Award for Outstanding Lighting Design (nominee)
'''2004 revival'''
*Tony Award for Best Revival of a Musical (winner)
*Tony Award for Best Actor in a Musical (Beach, nominee)
*Tony Award for Best Choreography (winner)
*Tony Award for Best Costume Design of a Musical (nominee)
*Drama Desk Award for Outstanding Revival of a Musical (winner)
*Drama Desk Award for Outstanding Choreography (winner)
*Drama Desk Award for Outstanding Costume Design (nominee)


On January 22nd, [[MTV]] took notice of the issue with a longer article and according video-news. It is not clear if this video news was merely for online consumption or actually broadcast<ref name="MTV">{{cite web|url=http://www.mtv.com/news/articles/1550506/20070122/timbaland.jhtml|title=YouTube Clip Claims Timbaland Got Furtado Track From Finnish Dude}}</ref>. MTV owned sister station [[VH-1]] also published the MTV news story. MTV had apparently tried to reach Timbaland's representatives via phone and e-mail, but they "had not responded at press time".<ref name="MTV" />
==See also==
*''[[The Birdcage]]''


==References==
==References==
{{reflist|2}}
*[http://www.nodanw.com/shows_c/cage_aux_folles.htm Information about the show] from the NODA website
*[http://www.pbs.org/wnet/broadway/musicals/lacage.html Background and other information about the musical]
*[http://www.playbill.com/news/article/92652.html Playbill feature on the show]
*[http://www.musicals101.com/1980bway2.htm Analysis of ''La Cage'' and its Broadway season]
{{Reflist}}


==External links==
==External links==
* [http://www.scene.org/file.php?file=%2Fparties%2F2000%2Fassembly00%2Foldskool%2Fmusic%2Facid_jaz.zip&fileinfo Acidjazzed Evening] (MOD format, ZIP-compressed)
*[http://www.ibdb.com/show.asp?ID=5126 Internet Broadway Database listing]
* [http://hafnium.prg.dtu.dk/HVSC/C64Music/MUSICIANS/B/Blues_Muz/Gallefoss_Glenn/Acid_Jazz.sid Acid Jazz (C64 remix)] (SID format)
*[http://query.nytimes.com/gst/fullpage.html?res=9C03EFDB1738F931A1575BC0A965948260 ''NY Times'' 1983 review]
*[http://www.pelulamu.net/timbaland/ Collection of different sources about the issue]
*[http://broadwayworld.com/viewcolumn.cfm?colid=1893 Broadway World review of the 2004 revival]
*[http://www.imagi-nation.com/moonstruck/albm48.html profile of the show]
*[http://www.moviegoods.com/movie_product.asp?master_movie_id=23137 Photos from the original Broadway production]
*[http://www.broadwaymusicalhome.com/shows/cage.htm Profile of the musical] with many links to the songs, albums and other information


{{Timbaland}}
{{TonyAwardBestMusical 1976-2000}}
{{TonyAward MusicalScore 1976-2000}}
{{TonyAward MusicalBook 1976-2000}}
{{TonyAward MusicalRevival}}
{{Jerry Herman}}


[[Category:2007 in music|Timbaland plagiarism controversy]]
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[[Category:1983 musicals]]
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[[Category:Broadway musicals]]
[[Category:Timbaland]]
[[Category:West End musicals]]
[[Category:Scandals|Timbaland plagiarism controversy]]
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[[Category:Demoscene|Timbaland plagiarism controversy]]
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[[Category:plagiarism]]


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Revision as of 17:37, 10 October 2008

File:Timbaland - Rolling Stone.jpg
Rolling Stone's website covers the controversy on January 18th.

Timbaland's plagiarism controversy occurred in January 2007, when several news sources reported that Timbaland (Timothy Z. Mosley) was alleged to have plagiarized several elements (both motifs and samples) in the song "Do It" on the 2006 album Loose by Nelly Furtado without giving credit or compensation.[1][2][3] The song itself was released as the fifth North American single from Loose on July 24, 2007.

Background

The claimed original track, entitled "Acidjazzed Evening", is a chiptune-style 4-channel Amiga module composed by Finnish demoscener Janne Suni (a.k.a. Tempest). [4] The song won first place in the Oldskool Music competition at Assembly 2000, a demoparty held in Helsinki, Finland in 2000. [5] According to Scene.org, the song was uploaded to their servers the same year, long before the release of the song by Furtado. The song was later remixed (with Suni's permission) by Norwegian Glenn Rune Gallefoss (a.k.a. GRG) for the Commodore 64 in SID format - this is the version which was later allegedly sampled for "Do It". It was added to the High Voltage SID Collection on December 21, 2002.[6]

A video which claims to show proof of the theft was posted to YouTube on January 12,2007.[7] Another video was posted to YouTube on January 14, 2007, claiming Timbaland also stole the tune a year earlier for the ringtone Block Party, one of several that were sold in the United States in 2005.[8]

Authors' comments

Janne Suni

Janne Suni posted the following comment regarding the copyright status of "Acidjazzed Evening" on January 15, 2007:

"...I have never given up the copyrights of Acidjazzed Evening. I also have never authorized commercial use of the song. In 2002, however, Glenn Rune Gallefoss (also known as GRG) made a conversion/arrangement of the Acidjazzed Evening which was not released commercially. This arrangement was made on the Commodore 64 computer. It was authorized by me, and Glenn Rune Gallefoss explicitly asked for permission before releasing the arrangement."[4]

On February 16, 2007, he added the following note:

"I'll correct one persistent misconception: I have been using the services of a law firm since September 2006. Things are gradually developing behind the scenes, and whatever the result turns out to be like, I'll publish any available info here as soon as possible."[4]

On September 9, 2007, his webpage was updated with the following information:

"My case regarding the controversy has come to its closure. Just as before, I will not answer any questions about the case. "[4]

Glenn Gallefoss

The C64 news portal C64.sk published the following comment from Glenn R. Gallefoss on January 15, 2007:

"... Its my sid version that has been sampled in do-it : You can hear that by the 11 waveform bleeps I have put in at random plaves (only 3 voices on a sid you know), the arpeggios are using filters, I can even hear the lead using my multipulse routine (which i rarely use, but i did it on acidjazz.sid )."[9]

On February 3, Gallefoss published the following comment on his personal web page:

"Not much to tell about this matter. I have made a deal with my lawyers. Sometime in the near future, something will happen."[10]

Universal / Nelly Furtado

Hannu Sormunen, a Finnish representative of Universal, which represents Nelly Furtado in Finland, commented the controversy as follows in the January 15, 2007 issue of Iltalehti:

In case that the artist decides to pursue the matter further, it's on him to go to America and confront them with the local use of law. It will require a considerable amount of faith and, of course, money.[1]

The first legal action against Universal Finland was officially filed with Helsinki District Court in mid-August 2007, on behalf of Glenn R. Gallefoss.


Third-party analysis

A device in Timbaland's studio, as seen in video clips from the MTV show "Timbaland's Diary", has been identified as an Elektron SidStation.[2][11] This device is a MIDI-controlled synthesizer based on the SID chip of the Commodore 64, and it is capable of playing back .sid files the way they would have sounded on the original hardware. It has been speculated that Timbaland downloaded Gallefoss' version of the song from the High Voltage SID Collection[11][12] and used the SidStation for running it to the studio system.[2][11]

Chris Abbott, maintainer of the website C64Audio.com, posted an in-depth analysis on the topic and summarizes it in his on-line article. Abbott has commercially released Commodore 64 music, most notably the "Back in Time" CD series. Abbott writes regarding the alleged plagiarism:

"What appears to have happened is that the three-voice output from the original C64 version has had the bass voice silenced: that missing bass voice then follows the original tune except for a couple of changed notes, and the removal of some octave jumps. However, various technical procedures show that other components of the song (chords/melody/rhythm) have been exactly reproduced. This is vanishingly unlikely to have happened by chance."[11]

Abbott also notes that although the evidence seems to be conclusive, the eventual outcome is not. The record company has a multitude of possible reactions to the controversy as well as many possible reasons why the sample was not cleared on the first place.

Similar cases

Earlier examples of unauthorized commercial use of SID music have been brought up by sources covering the Timbaland plagiarism controversy.

An often-mentioned example is Zombie Nation's 1999 hit Kernkraft 400, which was a remake of David Whittaker's song for the 1984 Commodore 64 game Lazy Jones. David Whittaker was paid an undisclosed sum for it.[13] Another example is the Dutch hit You've Got My Love, for which the artist Bas "Bastian" Bron sampled the drums from Jeroen Tel's and Reyn Ouwehand's song made for the Rubicon game. Both of the cases were won by the original authors in court.[2][11]

The Fitts for Fight case also involved stolen chipmusic.

In April 2008, a similar case was revealed about self-proclaimed "chiptune maestro" Laromlab, who released his self-titled album on Mushpot Records, but shortly after was discovered that the entire album is in fact the work of a chiptune collective called the YM Rockerz. Mushpot responded by dropping Laromlab immediately from the label[14], and Laromlab himself has issued an apology, stating the "project was a hoax, a complete fallacy".[15]

Media coverage

The beginnings of the controversy

The earliest internet forum posts suggesting that "Do It" was based on "Acidjazzed Evening" date back to July 2006[16], and according to the Finnish news portal eDome, "Suni and other demoscene hobbyists" already knew about it at this time.[2]

Mainstream coverage

One of the first large media to react to the on-line controversy was the Finnish Broadcasting Company, which published a news item on the topic in January 14, 2007.[17]

The electronic music magazine Side-Line put a complete news round-up up on its website.[18] Finnish tabloids Ilta-Sanomat,[19] Iltalehti,[20] and newspapers ITviikko,[21] and DigiToday[22] also published articles about the suspected plagiarism on January 15, 2007.

On January 16th, Finnish news portal eDome published an article about the case saying in the English summary that:

"It is beyond any doubt that Timothy 'Timbaland' Mosley has directly copied large sections of Janne Suni’s songs, much more than any 'fair use' would allow. Timbaland has not sampled tiny bits or effects from the song, but whole sections. This is a clear breach of copyright." [2]

The article also covered similar cases from the past and notified that both the competition and the prize ceremony "were witnessed by the 4000-5000 people at the event. The competition and the ceremony were also shown in Helsinki area cable TV."[2] The same day, the news reached Norwegian media, including Norwegian Broadcasting Corporation[23] and Dagbladet[24], both of which interviewed Gallefoss.

On January 17th, the case was reported on briefly by the Rolling Stone website,[25] XXL Magazine,[26] and the popular German IT news portal Heise online. Heise's story suggests that Timbaland downloaded Gallefoss's SID arrangement from the High Voltage SID Collection.[12].

On January 18th, Rolling Stone put the controversy as top news of the day with a more detailed article[3]. Later that day the San Jose Mercury News covered the story in their blog[27]

On January 22nd, MTV took notice of the issue with a longer article and according video-news. It is not clear if this video news was merely for online consumption or actually broadcast[28]. MTV owned sister station VH-1 also published the MTV news story. MTV had apparently tried to reach Timbaland's representatives via phone and e-mail, but they "had not responded at press time".[28]

References

  1. ^ a b Onko Nellyn hitti Suomesta? (Finnish)
  2. ^ a b c d e f g Yhdysvaltalaistuottaja pölli suomalaismuusikolta (Finnish) Cite error: The named reference "eDome" was defined multiple times with different content (see the help page).
  3. ^ a b "Is Timbaland a Thief?".
  4. ^ a b c d Tempest's website
  5. ^ Scene.org's Assembly 2000 results data
  6. ^ High Voltage SID Collection Update #34
  7. ^ YouTube Producer Timbaland steals song from Finnish musician
  8. ^ YouTube Timbaland steals song - more proof!
  9. ^ C64.sk: GRG’s cover of Tempest’s tune got ripped
  10. ^ GRG's web site / news
  11. ^ a b c d e Chris Abbott: Doin' it for themselves: what's going on in Timbaland?
  12. ^ a b "Hiphop-Produzent wilderte in C64-Musikarchiv".
  13. ^ NME: OK COMPUTER!
  14. ^ Mushpot Records
  15. ^ CMJ News Story
  16. ^ Vee.fi user reviews of Nelly Furtado: Loose
  17. ^ "Amerikkalaista hiphop-tuottaja Timbalandia syytetään suomalaisen plagioinnista".
  18. ^ Did Björk producer Timbaland steal music from demoscene? More evidences showing up !
  19. ^ "Suosittu jenkkibiisi onkin suomalaiskopio?".
  20. ^ "Onko Nellyn hitti Suomesta?".
  21. ^ "Hittituottaja varasti suomalaisen Amiga-biisin?".
  22. ^ "Veisaako Nelly Furtado Suomesta varastettua Amiga-biisiä?".
  23. ^ "Norsk offer i plagiat-skandale".
  24. ^ "Anklager stjerneprodusent for juks".
  25. ^ "Finnish Artists After Nelly Furtado?".
  26. ^ "Revenge Of The Nerds - Timbaland vs. The Internet".
  27. ^ "Did Super Producer Timbaland copy the track of "Do It" off of Finnish producer Janne Suni?".
  28. ^ a b "YouTube Clip Claims Timbaland Got Furtado Track From Finnish Dude".

External links

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