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Thing 000850 - My Sweet Lord
Presentation
In 1962 Ronald Mack composed the song He’s So Fine, and it was recorded by the singing group called the Chiffons recorded it. The Chiffons were an all-girl group from the Bronx, including Judy Craig, Patricia Bennett, Barbara Lee and later Sylvia Peterson. In December 1962 Bright Tunes Music published He’s So Fine as a single by the Chiffons on Laurie Records. The song has a tune consisting essentially of four repetitions of a very short basic musical phrase, “sol-mi-re,” (motif A), altered as necessary to fit the words, followed by four repetitions of another short basic musical phrase, “sol-la-do-la-do,” (motif B). In addition, in the second use of the motif B series, a grace note is inserted, so that making the phrase goes “sol-la-do-la-re-do.” He’s So Fine was a best selling record. After Ronnie Mack’s death, the copyrights of the song He’s So Fine were owned by Bright Tunes Music Corp.
In December 1969 George Harrison, a former member of the British pop group The Beatles, composed the song My Sweet Lord with lyrics praising the Hindu god Krishna but including the Hebrew word “Hallelujah” as well as the mantra “Hare Krishna.” In January 1970 My Sweet Lord was recorded in London by Billy Preston. In September 1970, My Sweet Lord was released by Apple Records as part of Preston’s album Encouraging Words and as a single. The music was then transferred to paper by someone who prepared a lead sheet containing the melody, the words and the harmony for the United States copyright application. The deposit melody was four repetitions of a very short basic musical phrase, “sol-mi-re,” (motif A), modified to suit the words, followed by another short basic musical phrase, “sol-la-do-la-do,” (motif B), repeated three times. In the second repetition of motif B, there was a grace note inserted, making the phrase go “sol-la-do-la-re-do”. In November 1970 George Harrison released his own version of My Sweet Lord on his first solo album All Things Must Pass. In his version the little grace note dropped out. Also in the printed sheet music that was issued of his version the grace note was absent. Harrison’s single My Sweet Lord became very successful.
On February 10, 1971, Bright Tunes Music filed suit against Harrison’s company Harrisongs Music, claiming that the song My Sweet Lord was plagiarized from He’s So Fine. Referring to the altered note, Harrison stated that his song is that which he sung at a particular moment and not something that is written on a piece of paper. On August 31, 1976, the court case Bright Tunes Music Corp. v. Harrisongs Music Ltd. was heard at the United States District Court in New York. Judge Owen stated that:
The harmonies of both songs are identical. [...] It is apparent from the extensive [discussion] between the Court and Harrison covering forty pages in the transcript that neither Harrison nor Preston were conscious of the fact that they were utilizing the He’s So Fine theme. However, they in fact were, for it is perfectly obvious to the listener that in musical terms, the two songs are virtually identical except for one phrase. There is motif A used four times, followed by motif B, four times in one case, and three times in the other, with the same grace note in the second repetition of motif B. [...] I conclude that the composer [...] was working with various possibilities. As he tried this possibility and that, there came to the surface of his mind a particular combination that pleased him [...]. Why? Because his subconscious knew it already had worked in a song his conscious mind did not remember. [...] Did Harrison deliberately use the music of He’s So Fine? I do not believe he did so deliberately. Nevertheless, it is clear that My Sweet Lord is the very same song as He’s So Fine with different words, and Harrison had access to He’s So Fine. This is, under the law, infringement of copyright, and is no less so even though subconsciously accomplished. [...] Given the foregoing, I find for the [Bright Tunes] on the issue of plagiarism [...].
Harrison was found to have “subconsciously” copied He’s So Fine. The requirement of fixation in copyright, acknowledges the recording and not the interpretation. The one moment of performance of Harrison’s composed melody song by Preston became the fixed song.
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Publication
In 1962 Ronald Mack composed the song He’s So Fine. The singing group called the Chiffons recorded it. The Chiffons was an all girl group from the Bronx area of New York, who started in 1960 and included Judy Craig, Patricia Bennett, Barbara Lee and later Sylvia Peterson. In December 1962, Bright Tunes Music published He’s So Fine as a single of The Chiffons on Laurie Records. The song has a catchy tune consisting essentially of four repetitions of a very short basic musical phrase, “sol-mi-re”, (motif A), altered as necessary to fit the words, followed by four repetitions of another short basic musical phrase, “sol-la-do-la-do”, (motif B). While neither motif is novel, the four repetitions of A, followed by four repetitions of B, was unusual. In addition, in the second use of the motif B series, there is a grace note inserted making the phrase go “sol-la-do-la-re-do”. He’s So Fine was best selling record for four weeks in the United States and number 16 in England. After Ronnie Mack’s dead, the copyrights of the song He’s So Fine were owned by Bright Tunes Music Corp.
In December 1969 George Harrison, a former member of the British pop group The Beatles, composed the song My Sweet Lord in the dressing room after a singing engagement in Copenhagen, Denmark. Harrison, in praise of the Hindu god Krishna, played some guitar chords, fitting on to the words, “Hallelujah” and “Hare Krishna” in various ways. He was alternating between what musicians call a Minor II chord and a Major V chord putting them into four part harmony. George Harrison wrote the song for Edwin Hawkins being inspired by his Oh Happy Day. He passed the song to Billy Preston, a gospel singer from the United States. In January 1970 My Sweet Lord was recorded in London with Billy Preston. In September 1970 My Sweet Lord was released by Apple Records as part of Billy Preston’s album Encouraging Words and as a single. The Billy Preston recording of My Sweet Lord, listed George Harrison as the composer. The music was then transfered to paper by someone who prepared a lead sheet containing the melody, the words and the harmony for the United States copyright application. The deposit melody was four repetitions of a very short basic musical phrase, “sol-mi-re”, (motif A), modified to suit the words, followed by another short basic musical phrase, “sol-la-do-la-do”, (motif B) repeated three times. In the second repetition of motif B, there was a grace note inserted, making the phrase go “sol-la-do-la-re-do”. In November 1970 George Harrison released his own version of My Sweet Lord on his first solo album All Things Must Pass. In his recording he sung less in a gospel and more in a pop way. Harrison’s single My Sweet Lord was best selling record for four weeks in the United States in the end of 1970 and beginning of 1971 an later also an international hit. In this version the little grace note dropped out. Also in the printed sheet music that was issued the grace note was absent.
On February 10, 1971, Bright Tunes Music filed suit against George Harrisong, claiming that the song My Sweet Lord was plagiarized from He’s So Fine. In the meantime a discussion about the song took place within the music world. In May 1971 country singer Jody Miller recorded a cover of He’s So Fine, which plays on the two songs’ similarities by featuring the same guitar breaks played on the Harrison recording. Also in 1971 The Belmonts recorded an a Capella version My Sweet Lord on their album Cigars, Acappella, Candy and used the words from both He’s So Fine and My Sweet Lord interchangeably at certain points. Very soon after the suit was filed, Harrison proposed to purchase the entire Bright catalog. But no settlement was reached. Further in 1975 Jonathan King recorded He’s So Fine in the style of George Harrison’s My Sweet Lord with a parody text which included the line “See you in court!”. The same year, Harrison wrote and recorded a song about the court case named This Song, which included the phrase “This tune, there’s nothing bright about it”. Between February 23-25, 1976 the hearings of the court case Bright Tunes Music Corp. v. Harrisongs Music Ltd. took place at the United States District Court in New York. Most of the discussion at the court was about “a unique grace note”, which appears on the first recording of the song made by Billie Preston and on the sheet music prepared from that recording, but not on Harrison’s own recording. But the first sheet music was deposited at the U.S. copyright office. And the court took the first fixation of the song to be the basis of discussion. The court questioned Harrison:
Is it possible that Billy Preston hit on those notes comprising motif B?
Harrison answered:
Yes, but it’s possible also that I hit on that, too, as far back as the dressing room, just scat singing.
The court:
All I am trying to get at, Mr. Harrison, is if you have a recollection when that grace note popped into existence as it ends up in the Billy Preston recording.
Harrison:
[...] Billy Preston might have put that there on every take, but it just might have been on one take, or he might have varied it on different takes at different places.
Harrison stated that his song is that which he sings at the particular moment he is singing it and not something that is written on a piece of paper. The presence or absence of that note was attributal to an accident during the performance. The court:
To be as careful as I can now in summing this up, you can’t really say that you or Billy Preston or somebody else didn’t somewhere along the line suggest these; all you know is that when Billy Preston sang them that way at the recording session, you felt they were a successful way to sing this, and you kept it?
Harrison:
Yes, I mean at that time we chose what is a good performance.
The court:
And you felt it was a worthy piece of music?
Harrison:
Yes 1
On August 31, 1976, the conclusion of the court case Bright Tunes Music Corp. v. Harrisongs Music Ltd. took place at the United States District Court in New York. Judge Richard Owen held that:
The harmonies of both songs are identical. [...] Seeking the wellsprings of musical composition why a composer chooses the succession of notes and the harmonies he does whether it be George Harrison or Richard Wagner is a fascinating inquiry. It is apparent from the extensive [discussion] between the Court and Harrison covering forty pages in the transcript that neither Harrison nor Preston were conscious of the fact that they were utilizing the He’s So Fine theme. However, they in fact were, for it is perfectly obvious to the listener that in musical terms, the two songs are virtually identical except for one phrase. There is motif A used four times, followed by motif B, four times in one case, and three times in the other, with the same grace note in the second repetition of motif B. What happened? I conclude that the composer, in seeking musical materials to clothe his thoughts, was working with various possibilities. As he tried this possibility and that, there came to the surface of his mind a particular combination that pleased him as being one he felt would be appealing to a prospective listener; in other words, that this combination of sounds would work. Why? Because his subconscious knew it already had worked in a song his conscious mind did not remember. Having arrived at this pleasing combination of sounds, the recording was made, the lead sheet prepared for copyright and the song became an enormous success. Did Harrison deliberately use the music of He’s So Fine? I do not believe he did so deliberately. Nevertheless, it is clear that My Sweet Lord is the very same song as He’s So Fine with different words, and Harrison had access to He’s So Fine. This is, under the law, infringement of copyright, and is no less so even though subconsciously accomplished. [...] Given the foregoing, I find for [Bright Tunes Music] on the issue of plagiarism [...]. 2
Harrison was found to have “subconsciously” copied He’s So Fine. The requirement of fixation in copyright, acknowledges a specific recording and not the various possible interpretations of the song. The one moment of performance of Harrison’s song by Billy Preston became the fixed song. After the trial, ABKCO Music, run by George Harrison’s ex-manager Allen Klein, bought Bright Tunes Music. In 1978, Harrisongs Music was ordered to surrender 75% of royalties from My Sweet Lord and partial royalties from the album All Things Must Pass to ABKCO Music. The Chiffons went on to record My Sweet Lord as a single with ABKCO Music.