An Autocratic Approach to Music Copyright?: The Case of the Zappa Family Trust

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Notes

The Mothers of Invention, Freak Out (Verve, 5005, 1966).

Frank Zappa, Civilization Phaze III (Barking Pumpkin, 1, 1993).

Frank Zappa and Peter Occhiogrosso, The Real Frank Zappa Book (London: Picador, 1990), p. 139.

Joseph Gridley, Textuality: Art, Theory, and Textual Criticism (Ann Arbor: University of Michigan Press, 1995).

Frank Zappa, Them or Us (EMI, 2402343, 1984).

Frank Zappa, Francesco Zappa (Barking Pumpkin, 74202, 1982).

Frank Zappa, The Perfect Stranger (Barking Pumpkin, 38170, 1984).

Frank Zappa, Overnite Sensation (Discreet, 02149, 1973).

Frank Zappa, Roxy and Elsewhere (Discreet, DSS-2202, 1974).

Frank Zappa, Uncle Meat (Bizarre, MS-2024, 1969).

Ibid.

Throughout Zappa's career, he made a concerted attempt to interrelate numerous aspects of his work (e.g. songs, album covers, live performances, interviews) into a conceptual whole, a process he entitled ‘conceptual continuity’. In addition to the allusion to dogs outlined earlier, other indicative examples include the songs ‘Dinah-Moe Humm’ (Frank Zappa, Overnite Sensation [Discreet, 02149, 1973]) and ‘Montana’ (ibid.), and the album cover design for One Size Fits All (Rycodisc, 10521, 1975), all of which include a reference to ‘Zircon Encrusted Tweezers’.

Meaning ‘alien time’, deriving from the Greek words xenos (strange or alien) and chronos (time).

Frank Zappa, Joe's Garage: Act 1 (Zappa, 1603, 1979) and Frank Zappa, Joe's Garage: Acts 2 & 3 (Zappa, SRZ-2-1502, 1979).

Frank Zappa, Sheik Yerbouti (Zappa, SRZ-2-1501, 1979).

Taken from sleeve notes of Sheik Yerbouti (1979).

Frank Zappa, London Symphony Orchestra, vols 1 & 2 (Barking Pumpkin, 74204, 1987).

Frank Zappa, 200 Motels (United Artists, 1971).

The Mothers of Invention, Burnt Weeny Sandwich (Bizarre, RS-6370, 1970).

Zappa, Uncle Meat.

David Walley, No Commercial Potential (New York: Da Capo Press, 1996), p. 8.

Alfredo Kraus, Verdi: Rigoletto (Sony BMG, 82876707852, 2005).

Found at the end of ‘Wowie Zowie’ - The Mothers of Invention, Freak Out (Verve, 5005, 1966).

This piece can be found quoted numerous times throughout Zappa's career. Indicative examples include ‘The Return of the Son of Monster Magnet’ (Freak Out) and ‘Plastic People’ (The Mothers of Invention, Absolutely Free [Ryko Distribution, 1972663, 1967]).

Refer to Victor Borge, Comedy In Music (Prism Platinum, 685668, 2000).

Zappa and Occhiogrosso, Real Frank Zappa Book, p. 172.

A vocal snorting sound which is featured on numerous Zappa recordings.

Frank Zappa, We're Only In It For The Money (Rykodisk, 1993983, 1967).

Frank Zappa, The Man From Utopia (Barking Pumpkin, 74245, 1983).

Spike Jones, (Not) Your Standard Spike Jones Collection (RCA, B000002WF6, 1975).

Burnt Weeny Sandwich, from around 1:08.

Frank Zappa, The Grand Wazoo (Bizzare, MS-2093, 1973).

Refer to Various Artists, Looney Tunes (K-Tel Distribution, 217653, 1976).

‘Thing Fish’ is the central character of Zappa's eponymously entitled Thing Fish recording, which is based on a Broadway musical and intended to be staged as a piece of musical theatre. Although Zappa never realized this objective himself, there have been numerous (illegal) performances of the work over the last 25 years.

Frank Zappa, Thing Fish (Barking Pumpkin, 74201, 1984).

This comparison is discussed in more detail in Paul Carr and Richard Hand, ‘Frank Zappa and Musical Theatre: Ugly O'Phan Annie and Really Deep Intense, Thought-provoking Broadway Symbolism’, Studies in Musical Theatre, 2 (Winter/Spring 2007), 41–56 (p. 50).

Ibid.

I would like to thank the following individuals, who selflessly gave their time to assist with the research of this project: Jurgen Verfaille (Kill Ugly Radio), Peter Van Laarhoven (United Mutations) and Andrew Greenaway (Idiot Bastard Son) for facilitating my engagement with the Zappa community; Christian Kutz, Wolfhard Kutz and Thomas Dippel for graciously allowing me backstage entry to the Zappanale Festival in Bad Doberan, Germany; Ed Palermo, Olli Virtaperko (Ensemble Ambrosius), Jörg Heuser (Sheik Yerbouti), Jil Y Creek (Sex Without Nails Bros), Andre Cholmondeley (Project/Object), Jerry Outlaw (Bogus Pomp), Don Preston (Mothers of Invention) and Steve Hillage (Gong), who gave their time and effort to be interviewed; and Michel Delville, Mick Zeuner, Didier Mervelet, Simon Prentis and Richard Hand, who have provided encouragement and advice. Finally, thank you to Aoife Monks, co-editor of Contemporary Theatre Review, whose advice throughout the editorial process was invaluable. Thank you to all of you.

Omnibus Wind Ensemble, Music By Frank Zappa (Opus 3, 19403, 2005).

Ensemble Ambrosius, The Zappa Album (BIS/Northern Lights, BIS-NL-CD-5013, 2000).

Le Concert Impromptu & Rossini, Plays Frank Zappa (L'Empreinte Digitale, 1267615, 2002).

Omnibus Wind Ensemble, From Mozart to Zappa (Opus 3, B000002477, 1995).

Neil Slaven, Electric Don Quixote: The Definitive Story of Frank Zappa (London: Omnibus Press, 1993), p. 82.

Zappa and Occhiogrosso, Real Frank Zappa Book, p. 352.

Palermo, in correspondence with the author, May 2009.

Ibid.

Chris Richards, ‘The Wake Of Hendrix: Reflections on a Life After Death’, in Access All Eras: Tribute Bands and the Global Pop Culture, ed. by Shane Homan (New York: McGraw-Hill International, 2006), pp. 103–20 (p. 114).

The Ed Palermo Big Band, Plays the Music of Frank Zappa (Astor Place Records, B00005EGN, 1997).

The Ed Palermo Big Band, Eddy Loves Frank (Cuneiform, Rune 285, 2009).

Ibid.

Virtaperko, in correspondence with author, April 2009.

Homan, Access All Eras, p. 4.

Zappa and Occhiogrosso, Real Frank Zappa Book, pp. 172–73.

Refer to http://www.ensembleambrosius.com/zappa_arranging_comments.html [accessed 16 November 2010].

As indicated earlier, exaggerated vibrato has also been used as a comedic performance practice with artists such as The Hustlers (‘Shaving Cream’) and The Coasters (‘Charlie Brown’), and can be regarded as an extension of the humour composers such as Joseph Haydn (1732–1809) incorporated into his music. Although the comedic impact of exaggerated vibrato is beyond the scope of this article, it is proposed that it semiologically alludes to inaccurate and/or anachronistic performance practices, something that, when juxtapositioned against complexity, is humorous.

Heuser, in correspondence with the author, April 2009.

Ibid.

Zappa appeared on the With Mary radio show on 11 June 1975 for an extensive interview. The full interview is available online at http://concerts.wolfgangs vault.com/dt/frank-zappa-interview/2005 1491-2431. html [accessed 16 July 2009]

Ibid.

Duke Ellington was known for using the performance characteristics of his musicians as a basis for his compositions, often building an entire arrangement around one player.

Close examination of Zappa's recorded output reveals that from the formation of The Mothers of Invention in the mid-1960s, Zappa never co-composed any material. As this is the principal means through which musicians generate long-term income, it has resulted in numerous members of Zappa's bands having to continue to perform live in order to make a living.

Homan, Access All Eras, p. 2.

Jean Baudrillard, Simulacra and Simulation (Ann Arbor: University of Michigan Press, 1994).

Ibid., p. 79.

Ibid., p. 12.

Michaël W. Smith, Reading Simulacra: Fatal Theories For Post Modernity (New York: State University of New York Press, 2001), p. 7.

Scott Lash, Sociology of Postmodernism (London: Routledge, 1990), p. 24.

Simon Frith and Andrew Goodwin, On Record: Rock, Pop and the Written Word (London: Routledge, 1990), p. 269.

Andrew E. Benjamin, Walter Benjamin and Art (London: Continuum, 2005), p. 167.

Albin Zak, The Poetics of Rock (Beverly Hills: University of California Press, 2001), p. 20.

See http://www.killuglyradio.com/ [accessed 22 January 2011].

See http://www.idiotbastard.com/news.htm [accessed 22 January 2011].

Outlaw, in correspondence with the author, July 2009.

Upon joining Zappa's band, all musicians would have to learn the meaning of numerous hand signals. These gestures were communicated using a similar technique to that of a conductor of orchestral music, and often had the effect of accentuating the ‘high art’ aspect of Zappa's work.

Various Artists, Led Box - The Ultimate Led Zeppelin Tribute (Deadline Music, 2008).

Various Artists, Abbey Road: A Tribute to the Beatles (Cleopatra Records, 2009).

Various Artists, Bat Head Soup: A Tribute to Ozzy (Cleopatra, BOOOO4VVW!, 2000).

Preston, in correspondence with the author, June 2009.

Frank Zappa, You Can't Do That On Stage Anymore, vol. 1 (Rykodisc, 10561/62, 1988).

From the sleeve notes of You Can't Do That On Stage Anymore, vol. 1.

Zappa, You Can't Do That On Stage Anymore, vol. 6 (Rykodisc, 10091, 1992).

See http://projectobject.com/index.html [accessed 22 January 2011].

As they performed with Zappa during a different era, these musicians had never played together before.

Joe's Garage – Da Musical. See http://www.united-mutations.com/s/sex_without_nails_bros_dvd.htm for details [accessed 01 December 2010].

Philip Auslander, Liveness: Performance in a Mediatized Culture (New York: Routledge, 2008), p. 10.

Ibid., p. 18.

Anne Cranny-Francis, MultiMedia (London: Sage Publications, 2005), p. 2.

Homan, Access All Eras, p. 72.

Refer to Ian D. Biddle and Vanessa Knights, Music, National Identity and the Politics of Location (Aldershot: Ashgate, 2007).

Refer to Barry Shank, Dissonant Identities (Hanover, NH: Wesleyan University Press, 1994).

Sheila Whiteley, Andy Bennett and Stan Hawkins, Music, Space and Place (Aldershot: Ashgate, 2005), p. 4.

Vadim Yurchenkov., ‘Zappa Monument Gives Focus to Lithuania Fans’, Billboard Magazine, 20 January 1996, p. 43.

George Lipsitz, Dangerous Crossroads (London: Verso, 1994), p. 126.

Ibid.

http://www.npr.org/templates/story/story.php?storyId=102907874 [accessed 01 December 2010].

Ibid.

See Thomas P. Adler, ‘Conscience and Community in An Enemy of the People and The Crucible’, in A Cambridge Companion to Arthur Miller, ed. by Christopher Bigsby (Cambridge: Cambridge University Press, 1997).

The original Wooster Group work was entitled LSD, and contained sections of Miller's work alongside excerpts of Dr Timothy Leary's album LSD (1966). After repeated litigations by Miller, the work was rewritten and renamed LSD (… Just The High Points …), with the Wooster Group replacing Miller's text with a new text by Michael Kirby which intentionally had close similarities to Miller's work. Additionally, when recognizable lines from Miller's text were noticeable, a loud buzzer sounded, representing an explicit reference to the often prohibitive impacts of American censorship. However, the most subversive aspect of the play was the process of adaptation, which involved recording the company's rehearsal of The Crucible while under the influence of LSD, then learning the seemingly disjointed version from the recording for final performance.

David Savran, Breaking the Rules: The Wooster Group (New York: Theatre Communications Group, 1988), p. 219.

Ibid.

Barry Miles, Zappa (New York: Grove Press, 2005), p. 277.

Formed in 1985, the Parents Music Resource Centre's principal objective was to provide American parents with information and control over recorded musical content, in particular that which was sexually suggestive. Although Zappa was never specifically targeted by the pressure group, he acted as a self-elected representative for artists who were appearing numerous times on American TV defending musicians' First Amendment rights.

Cover band/artist is the name given to the countless acts that play music that has been written by composers other than themselves. Although many cover performances include compositions by numerous artists (often playing music from the current charts), a tribute act specializes in ‘covering’ the music of only one famous artist.

The current system involves income from blanket licences being paid into a central fund, which is then forwarded to artists on the basis of radio and TV plays. As many artists who are tributed (including Frank Zappa) do not receive mainstream airplay, it could be argued that the money is disproportionately attributed.

Refer to http://www.frankzappa.com/whatsnew/index.html [accessed 01 December 2010].

Bret Giles Davis, ‘Identity Theft: Tribute Bands, Grand Rights, and Dramatico-Musical Performances’, Cardozo Arts & Entertainment Journal, 2 (2006), 845–882 (p. 860).

See http://tess2.uspto.gov/ [accessed 01 December 2010].

http://www.uspto.gov/trademarks/process/index.jsp [accessed 01 December 2010].

This is a piece of legislation that contains the federal statutes of trademark law in North America. Refer to http://www.ipmall.info/hosted_resources/lipa/trademarks/PreLanham Act_106_Lanham_Act_As_Amended_1988.pdf [accessed 01 December 2010].

Davis, ‘Identity Theft’.

See http://www.spiegel.de/kultur/musik/0,1518,602676,00.html [accessed 01 December 2010].

See http://www.spiegel.de/kultur/musik/0,1518,700786,00.html [accessed 01 December 2010].

Davis, Cardozo Arts & Entertainment Journal, p. 484.

Ibid.

Refer to http://www.ascap.com/licensing/termsdefined.html [accessed 02 December 2010].

Indeed, in the Cardozo Arts and Entertainment Journal, Davis cites Frank Zappa alongside artists such as Steely Dan and Chicago as examples of artists who inspire only reverent bands, contrasting them strongly with Kiss, David Bowie and Alice Cooper, who are seen to inspire the dominance of visual elements over the music.

Project Object added a theatrical aspect to ‘Fembot in a Wet T-Shirt’ at the Dot Club in Berlin in August 2009. See http://www.myspace.com/video/vid/62179458 [accessed 02 December 2010].

See http://www.youtube.com/watch?v=9EbQs2yKts8 [accessed 02 December 2010].

Auslander, Liveness, p. 119.

See http://cip.law.ucla.edu/cases/case_grandwarner.html [accessed 03 December 2010].

The practice of using portions of existing recordings as a component of a new song.

Johnson Okpaluba, ‘Reggae Open Source: How the Absence of Copyright Enabled the Emergence of Popular Music in Jamaica’, in Copyright And Piracy: An Interdisciplinary Critique, ed. by Lionel Bentley, Jenifer Davis & Jane C. Ginsburg (Cambridge: Cambridge University Press, 2010), pp. 374–86 (p. 384).

See http://www.ascap.com/licensing/termsdefined.html [accessed 02 December 2010].

According to United States copyright law, fair use allows limited use of copyrighted material without asking permission of the copyright holders. Refer to http://www-sul.stanford.edu/cpyright.html [accessed 20 January 2011].