To an expert, 1971’s ‘Traumas’ has passages identical to the song written by a Rio teacher; the only composer to beat the singer in court on such an accusation died suddenly, aged 49, four months after winning the court case
Songs are ideas and ideas are in the air. It’s who gets it first. Or: plagiarism can be done unconsciously. An author listens to a song, has a melodic phrase incubating for years and then it manifests itself naturally, without him even suspecting that that sequence of notes is not 100% his. Or the following: it would be just a coincidence. In a third analysis, two passages with very similar passages would seem to be the result of the purest coincidence.
All assumptions are possible, but they do not exempt the author who records the music last from a charge for plagiarism practice. For justice, good intentions, or lack thereof, do not alleviate criminal acts. And then there’s the fourth and most unfortunate hypothesis: the composer hears a song and likes it so much that he thinks, “I’m going to use a snippet of this in my song. Something subtle, so no one knows about it. Of course, one discovery of the kind, recorded for me, will be successful”.
To move millions, Robert Charles he’s a target with a constant history of plagiarism allegations, to the point where he’s banned his team from receiving any kind of recordings of songs made by fans or composers looking for a place in the artist’s songbook. One such case came to light last week, when UOL’s journalist Rogério Gentili’s column published that expert Cesar Peduti Filho came to the conclusion, in an expert opinion performed by court order, that music trauma, launched in 1971 by Roberto, and signed by him and Erasmo Carlos, would be flagrant plagiarism. The original work would be a song called That Great Love, composed months earlier by Professor Erli Cabral Ribeiro Antunes. The report of state got in touch with Peduti, but the latter limited himself to replying that “since I have been appointed judicial expert, as an expert trusted by the judge, and exercising the function of assistant to justice, I will not express myself outside the file on the case “.
According to his advisers, Roberto calmly received the news of the expert’s decision. He claims that he did not plagiarize the song he received from Erli, as he claims that he provided one of the singer’s musicians with a recording and score at a show Roberto went to do in the city of Paraíba do Sul, Rio, in 70’s Through his consultant, he said, among other defenses, that “the lawsuit in question had already been filed years ago by the plaintiff, but was filed without judgment on the merits”. Erli wants the singer to pay him an amount, not yet calculated, for moral and material damages. According to the expert Peduti, there would be “identical traits” in Roberto’s recording, even if made with changes of rhythm and key.
Here’s the crawl space: In music, “identical” melodic passages made with changes in tempo and pitch may no longer be so identical. Harmony and rhythm can completely transform a song’s emotional intent. And what would those identical fragments be? Would they be in the “melodic heart” of a song, something decisive in the creation of the functional discourse of a melody? Or would they be passing passages, without the same protagonism? It’s not just an evaluation.
The report spoke with Roberto’s consultancy to find out his position, in addition to the previously reported denials regarding the validity of the expert opinion on a piece released in July 1971. The artist could respond to the accusation with another lawsuit, for moral damages ? “No, Roberto never sues anyone who sues him. He understands that he is already in a privileged position. And he knows that the space he will have when it is proved that he has not committed plagiarism will be less than that conveyed with the news of the prosecution. He prefers to shut up,” said a source close to the artist.
Robert’s biographer, Paulo Cesar de Araujo, in preparation for the fourth biographical book on the singer, he does not see in the artist the Machiavellianism of professional plagiarists. “The two artists most accused of plagiarism in Brazilian music are Roberto and Tom Jobim. It is something very complicated to prove. Some listen to fragments of songs and even claim to have used them in some way. Raul Seixas did it, Odair José too. Pop music has lived with these possibilities for a long time. George Harrison, John Lennon, Paul McCartney.” He doesn’t see a proactive attitude on the part of the artist: “I don’t see Roberto with that trait. He wouldn’t have revealed so many composers if he had practiced plagiarism”.
But at least one case played against the suitability of the artist. For fifteen years, starting in the mid-1990s, the lawyer Sebastião Braga began to fight Roberto in court, accusing him of having plagiarized his song, Loucuras de Amor, to make O Careta. Braga went to the last resort and beat Roberto. The singer agreed to pay BRL 200,000 in a deal which, if not done, could result in the artist shelling out BRL 4 million. Four months after winning the case, but before getting the money, Braga died at his home in Niterói, aged 49.
Source: Terra
Earl Johnson is a music writer at Gossipify, known for his in-depth analysis and unique perspective on the industry. A graduate of USC with a degree in Music, he brings years of experience and passion to his writing. He covers the latest releases and trends, always on the lookout for the next big thing in music.
