Did Jim Brickman steal a Filipino composer’s melody?
It’s weird how similar the two compositions sound.
Here is the all-piano instrumental “Hope” by famous ballad composer Jim Brickman, from his 2007 album of the same title:
And here is Nelson del Castillo’s song “IF” from circa 1990’s:
I had read about this through Asian Journal – Jim Brickman apologizes for using Pinoy’s melody, and found the playlist via Irene Rose’s Imeem. I love Jim Brickman, and was just shocked that something like that can happen, even if it was a mistake. Someone commented to Irene Rose that this might not be true because the CD was nowhere to be found in Jim Brickman’s website. You know how these days it’s so easy to manipulate or lift melodies and attribute it to someone else. So I emailed the contact address at Jim’s website hoping for someone to shed light on this. No one has gotten to me yet. That was two weeks ago.
Tonight I checked again. Jim Brickman’s CD “HOPE” is now posted on his website.
I’m still waiting for that reply from Jim’s people. I hope he clears this up. Otherwise, it’s potentially embarrassing if not downright illegal. How can someone as famous as Brickman make an honest mistake like that? I can understand if it’s only a few measures in the song, but the whole composition?!
I have a really sick feeling about this.
playlist via Irene Rose’s Imeem; image via Target.com
23 Comments
i wonder why jim did’nt ask permission to nelson del castillo before he released his version. it’s pretty obvious that it’s the same thing
YES! HE did STEAL it!!!! it cannot be an honest mistake!!! it was really clear it has both composition!!!! THAT CANNOT BE AN HONEST MISTAKE!!!!! I’m Beginning to hate JIM BRICKMAN!!!! MAGNANAKAW!!!!! “HOPE”??!! The title is “IF”!!!!
oo alam ko yan meron ako album nyan parehas talaga. Di makaka-deny si jim brickman nyan! Totoo talaga na parehas ang melodies!
So what now? Will Jim get away with this? It’s an obvious copyright infringement.
Don’t be hypocrites. As if walang Pinoy na nagnanakaw ng melody? Remember Stay and Pinoy ako? And Cueshe and ONL got away with it. At least, Jim Brickman apologized. Did Cueshe and ONL do? Heck, they even defended their infrigement!
I used to listen to Nelson during his live shows in oneofthe famous restaurants in our city,and he used to his this song a lot. His wife was my schoolmate. I believe that Mr.Brickman stole the melody.
I know this song very well coz Grace is a friend of mine and she told me the story behind the composition of this song to her by her hubby, it was done beofre they got married. An apology is not enough, they should sue the company or Brickman or get compensation for every sale of this song. If this happens in the US this will be not be the end of it. Or they can offer Nelson an to compose a song for Brickman, that sounds even better. Good luck Grace & Nelson. Exercise your right!
Jim Brickman’s HOPE is a clear copyright infringement!!! Until now he still continues to stand on his ground that its an “honest mistake”. He has actually 3 HOPE albums with different songs inside. I dont know if he is panicking or what!
Hope you continue to support Nelson del castillo. May Jim Brickman listen to his conscience, if he has one.
Please read more comments on http://www.imeem.com/artists/jim_brickman/album/9C_pRDLQ/hope-album/
:et’s not jump to conclusions. It may be possible that Nelson sold the rights to “if.”
Regardless, this is not looking good for Jim.
This is to inform you, that according to a reliable source, no rights (mechanical rights, whatsoever)has been given to Jim brickman to use/change the song “if” of Nelson del castillo.
To Jim brickman: according to a reliable source, its not yet over between you and Nelson Del Castillo. Nelson is planning to file a case against you.
Yes. Thank you. I have done research from the time I posted here to the time you replied.
It really is a shame that this happened. As mentioned in earlier comments, a lot of infringement issues continues to occur both here and abraod, to Filipinos and by Filipinos. I have also been–and actually continue to be–a victim but my case is more of a “royalty” issue and is mostly my fault: I failed to register the copyright. But I’m getting ahead of myself and away from the issue.
Correct me if I’m wrong but plagiarism–at least in music–occurs when someone else copies or uses at least 8 consecutive notes in a given bar and claims it is his. “Hope” definitely took more than 8 notes from “If.” But the most important issue here is if Nelson copyrighted and registered his song in the first place. Nelson owned the copyright the moment he created that song but to own it legally–and therefore make claims such as the one we’re witnessing–he must have registered it with our copyright office. If not, he would have a difficult time proving ownership, but a rightful claim can still be made–with a good lawyer and a fat wallet. In this case, the details as to ownership are vague. Nelson’s song was included in a compilation album when it first came out to the public. Was there proper documentation with our copyright offices? Was copyright ownership transferred to the label? If he did have it registered, he must prove one more thing: that Mr Brickman had access to his song to be able to have listened to it in the first place. There is such a thing as an “independent creation”–remember there are only 12 notes in an octave–but these two songs sound too much alike that no other person could have created the same melody independently. Proving the “access” angle is a bit easier nowadays with the advent of the internet and international commerce.
Mr Brickman–being an internationally recognized musician–is no stranger to issues such as these, I’m sure. But in this case I believe he’s gonna have a hell of a time disproving that he plagiarized. Sorry is not enough! We Filipinos have been trampled on again and again. Nelson, don’t threaten Mr Brickman by PLANNING to file a case against him. DO IT! Fight for your rights! I’m sure you’ll win.
Actually, the standard limit is 4 melodic bars, which a LOT of songwriters abuse. But, that’s no excuse either. Copying, or even sampling and intro is already deemed plagiarism.
I believe 4 bars is too long! I joined a local professional songwriting competition and the magic number was 8 or more consecutive notes before it was called plagiarism. But then again that depends on the length of time given to any beat within that measure…In any case, in the end the final arbiter of how close two songs sound alike–melody or other musical content–is the judge to whom the case is brought. And in this case, bingi na yung judge if he can’t tell the similarities! Ha!
This is the part where I say “Ignorance is no excuse.”
The 4 melodic bars IS standard, much like 4 lines in a poem. Yes, it’s too long, that’s why songwriters ABUSE it. They get away with 3 or 3 and a half. But, just in case you MISSED what I said, even copying the intro of a song is already plagiarism, at least, for me.
Personally, I won’t be caught dead ACTIVELY copying a piece of a composition. Herein where one’s DELICADEZA comes in question. I cannot in good faith accept just an apology especially when it is followed by “it was an honest mistake.”
There’s no such thing when it comes to plagiarism.
Uhmm…Whatever it is that is copied–be it the verse, bridge, chorus, or INTRO (no, I didn’t miss your mention about the intro so enough with that intro thing! Ha!)–it’s plagiarism when someone else claims any portion is his or hers. In the end, it’s the courts that will rule with finality on the issue of notes or bars. Actually, nowhere does it say that infringement occurs when what you copied is the “standard”(?) 4 bars long or 8 notes long.
That said, may I direct you to more reliable sources in the following links:
http://www.ehow.com/about_4883382_music-copyright-laws.html?ref=fuel&utm_source=yahoo&utm_medium=ssp&utm_campaign=yssp_art
Copyright laws secure a creator’s ownership of her intellectual property–products of her mind that can be both artistic and commercial in nature. In the case of musicians and lyricists, these are the musical compositions they create. This ownership or property right applies to the expressed structure of the idea or words, not the ideas or words themselves. So a musician or lyricist does not own the copyright to the notes or words used in a composition he creates, but to the specific arrangement of the notes and words of that particular composition.
http://www.copyright.gov/
In the end, it’s up to Nelson to decide to take the necessary steps to protect his intellectual property, not the well-meaning people in a blog…
To answer your question, if Brickman had access or knowledge of the song “IF”, the answer is a big YES. He recorded it in his album “By Heart” in 1995, which was released only in Asia by BMG Records Pilipinas. It’s the 13th tract in the album with the same title “IF”, with proper recognition to Mr Nelson Del CAstillo as the composer. It’s not availbale in the market anymore. Your friends might have a copy of it— check it out– His rendition of “HOPE” in his 2007 “HOPE” album is a clear “COPYCUT” from his rendition of “IF” in his “BY HEART” Album in 1995.
We will pray for you Nelson. “The truth will always prevail!!!”
Alvin, please do not educate me with the Intellectual Property law. I am quite familiar with it and it is obvious that you are not. What you must understand that plagiarism, especially in music and musical notes is very much a BROAD gray area . No one can contest similarities between 2 songs with simply 8 notes when the arrangement or chords are different. Sure, you can say someone plagiarized something, but, you’d still be not able to prove it concretely when someone is suspected of plagiarism. That’s why a LOT of people get away with plagiarism in music.
So something more definite is required BY LAW to mandate and prove ownership. And that is where the 4-bar rule comes in.
And no, though it may not be in the IP law, the 4 melodic bar limit is a standard AMONGST PROFESSIONAL SONGWRITERS. I’m assuming you’re not one, since pros know this for a FACT. If you still doubt it, go ask a pro songwriter if you happen to know one.
I’m a founding member of KATHA (which is sadly now defunct). The 4-bar rule came up during my case against another individual who misrepresented himself as a producer. I won the case because the song he stole had video evidence of it being performed and being mentioned as MY composition.
Hence, ignorance is no excuse, because though there is no wrong or opinion (pun intended), there is such a a thing as having an INFORMED OPINION.
Mr X,
First of all, I am not trying to educate you on IP law nor am I saying I am an authority on the law or anything else dealing with it. That is why I included links to those sites. However, I would like to point out to you that although you feel that you are very familiar with the law, it becomes clear now that a professional you are not. Maybe, if you’d come down from your pedestal, your point would be clearer and you may start to disabuse yourself of the opinion that only PROFESSIONALS can ever possibly know the law as you do or that the four bar limit is FACT. In my UNPROFESSIONAL opinion, four bars can contain a so many notes essentially making plagiarism almost impossible to prove. If a PROFESSIONAL SUCH AS YOURSELF were to compose a song containing 4 quarter notes per measure, 4 measures would produce 16 notes, correct? Wouldn’t that place you more at risk for plagiarism because one would have to copy all 16 notes before the other can make a case? If 8 consecutive notes were to be STANDARD, only 2 bars would have to be copied before plagiarism can be claimed. That would be more favorable, wouldn’t it? Besides, I only remember the “8 notes” thing from the rules of a popular professional songwriting competition before and that’s where I based it on.
Secondly, since we’re on the topic of ownership and plagiarism, discussions should concentrate on what is stated in the law and NOT on what the standards are for YOU PROFESSIONALS. The only reason you won your case was because, as you said, there was video evidence. Without that, you would have lost your case miserably. Without that video, you would not have been able to prove in court–which is where it will be argued–that the other party copied your PROFESSIONAL work of art BECAUSE THERE IS NO LAW stating that 8 notes or 4 bars is the LEGAL REQUIREMENT before plagiarism can be claimed. You can shout to the whole world about the 4 bar requirement but the court will still be the final arbiter, INFORMED OPINIONS notwithstanding.
By the way, yes I am a professional because I take my music seriously, I am PROFESSIONAL with my dealings, I get adequate compensation, and I keep both feet on the ground unlike some PROFESSIONALS out there…
It’s such a shame that KATHA is now defunct. They would have helped a lot of PROFESSIONAL musicians fight for their rights especially in this day and age where any Tom, Dick and Harry can claim being a PROFESSIONAL.
Alvin
I guess you providing links wasn’t an effort in educating someone, right?
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Well, I’m educating you. Music is a BROAD GRAY AREA. You see, you can’t write 8 notes and call it a song. It takes more than that for a jumble of notes to be fully realized into a song. There’s is nothing in the law that indicates the condition of WHEN plagiarism occurs.
You see, when I said professional, it is NOT as a matter of attitude, but of STATUS. You get paid for one song, you’re a pro, sadly enough. If you understood the links you gave, and if you truly know the workings of pros in the industry, we wouldn’t be having this discussion.
One can still copy 8 notes or more, and still he can’t be charged BY LAW of plagiarism if one used a different chord patter or arrangement. Eight notes in music when compared to poetry, is nothing more than a mere sentence, a line. You can’t plagiarize a line after all, and 8 notes is NOT a song.
That’s why the limit is 4 melodic bars, because 8 notes is hardly enough to contest or even prove plagiarism.
So, show me one with JUST 8 NOTES, and I’ll drop the argument.
In music, 4 bars is equivalent to a stanza (a paragraph, or a quatrain in poetry). You copy more than that, you’re plagiarizing. You copy less, then you’re basically cheating. Doing both are WRONG in my book.
Regardless, what I am saying is I don’t have respect for those who abuse the limit. I don’t have respect for songwriters who even TAGALIZE popular English (or other language) songs for profit for that matter. And because of that, I am very mindful of my own songs that I DITCH anything that sounds the same to something else.
Regarding my case, I still would have won without video evidence. Copyright is by VIRTUE OF CREATION. I would have proven this nonetheless, because I have proof other than the video, but the video was the STRONGEST proof. If you understood what I said, you would realized that.
Ang Kapal talaga ng mukha ni Jim Brickman. Nag produce pa sya ng album for a Filipino (Eric Santos). Siguraduhin lang nya na original compositions lahat, baka mapahiya si eric.
baka naman binayaran ang rights…
nanggaling na dito yan si jim brickman sa pinas
kasi kung hindi naman, bakit walang reklamo si nelson del castillo?