So nowadays, just about anyone can "sample" a song and call it their own. Vanilla Ice tried to add one note to a Queen song and claim it was his original work. Then again, even Robin Thicke gets sued for producing a track that is similar to Martin Gaye in vibe only... To my ears, there is no way this is a rip off.
That said, I mean, if that is plagiarism or stealing, then how is Bluesette not derivative of Django's 'Place De Brouckere?" I first came to know Place de Brouckere at Samois and had never really listened closely to any of the versions Django actually recorded. Certainly, the distinctive melody is the frenetic blasting of the horns. However, at the 1:36 mark on this clip, for about 10 seconds, you'll hear a lick that made me almost stop my car the other day when I realized that I was listening to a 1942 recording of a 1960s jazz classic! It can't be!
Now listen to the start of Bluesette at around the 0:07 mark
Rest my case? Should David Reinhardt be pressing his case before the European Court of Justice? When modern players threw this into their arrangement, I always thought it was a clever quote to Toots in the classic jazz tradition. Now I know the truth. They are taking it from the original and Toots stole it whole cloth from Django! I know Toots has apparently gone on record as saying he was a big fan of Django. He should be if he created his biggest hit off the back of a Django riff.
Comments
If I remember correctly when Toots had the very first idea of this tune he whistled it to Stéphane Grapelly himself who told him "That's nice you should keep that" and I believe that's Stéphane who suggested the title Bluette which eventually became Bluesette. So Stéphane himself did not say "hey you stole that from Django". That's a witness who would be easy to quote in court.
Best
François RAVEZ
Michael, I won't argue with you over the melodic connection as I don't have a degree in music and haven't even tried to figure out the two parts. That said, even my wife across the room told me she thought they were very similar to her ears. They are similar in pitch and in rhythmic phrasing. Just an opinion I guess.
Russell and Bones, you both make great points that I alluded to with my mention of quoting. It is a long standing practice, especially in jazz, to sample works from others to breathe fresh life into a separate tune. Changes are borrowed. We mine players performances for neat licks we like which are then reinterpreted, regurgitated, and replayed over and over in our own improvisations. However, if you do look at The Blurred Lines example (in which Thicke had to pay out to the Gaye estate) or to perhaps the Coldplay "Viva La Vida" vs Satriani "If I Could Fly" (in which Satch likely got paid off) or even George Harrison's "subconscious copying" of the Chiffons "He's So Fine" with his "My Sweet Lord", it seems that the courts have come down on the side of the "original" artist more so than dismissing claims.
Anyway....back to the shed....