From time to
time at Omnibus Press I was called upon to paraphrase lyrics in order to avoid
the scrutiny of lawyers who might use their inclusion as grounds to sue us for
breach of copyright and injunct a book.
By paraphrase I mean re-render the
lyrics in an indirect fashion so as to convey their meaning without using the
actual words. For example, if I was to paraphrase the opening verse of
‘Yesterday’ I might write something along the lines of: ‘The singer expresses
his disappointment at the recent breakdown of a relationship, rueing that only
the previous day all seemed to be well, but that a fresh, unexplained turn of
events had brought with it problems that once seemed remote. The song centres
on a nostalgic yearning for a more contented past.’
Or in, say, ‘My Generation’, ‘The
lyrics deal with the generation gap wherein the singer muses on how his elders
seek to undermine him, and expresses the desire that they ignore him and his peers.
Appalled at the thought that one day he would become an elder himself, the
singer articulates a wish to die first.’
In 2004 Omnibus Press was scheduled to put
out a Red Hot Chili Peppers biography called Fornication by the Australian writer Jeff Apter, but we became
aware that soon after its publication Scar
Tissue, a book by the Peppers’ lead singer Anthony Kiedis, would also be
published. Sensing a legal challenge to our book since it might impact on the
sales of Scar Tissue, our lawyers
impressed upon me the need to make sure nothing in Fornication would present Kiedis’ legal team with an opportunity to
stir up trouble.
Now you don’t need me to tell you that Anthony
Kiedis has led a far from blameless life. It’s no secret he’s chanced his arm with
hard drugs and dated models half his age, so cleaning up the book to avoid
mention of these indiscretions would neuter it to such a degree as to make it pointless.
Nevertheless I did some cosmetic work on it, even though I was pretty sure that
when Scar Tissue came out Kiedis
wouldn’t hold back on covering these aspects of his life in gory detail, as was
indeed the case. In this respect our book was mild by comparison. I recall
asking our lawyers whether, if we were sued by someone who claimed that what we
published was a (gratuitous) lie, only for that someone to subsequently publish
a book in which they admitted it to be true, then what? They’d have to give
back any award plus costs, I was told.
I also turned my attention to any
lyrics that appeared in the first draft of Fornication.
Here we were on shakier ground, insofar as copyright infringement is more cut
and dried than libel which can be subjective, so I went through the book and
paraphrased any lyrics that I could. One such lyric included the line – and I
think it was an improvised rap in concert – ‘Suck my cock’. Feeling duty bound,
and slightly amused by the prospect, I decided to paraphrase this as, ‘In the
course of the song the singer boldly proposes that his partner fellate him but
whether or not the request was granted is left unresolved.’ Jeff Apter thought
this was hilarious. So did I. And I think Anthony K would too.
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