Phrasemarks

                Like many disturbing trends in popular culture, it all started with Taylor Swift. In January 2015, Swift announced her intention to trademark certain key phrases from her album released the year prior, 1989. Included in the trademarks were “nice you meet you, how you been” and “this sick beat”. In july 2015, her application succeeded, and she became the sole owner of those phrases. The backlash was immediate, protest sprung up on the internet, and the ACLU began a case to determine whether this practice should be considered legal. The course quickly moved through the districts and found itself in the Supreme Court of the United States. After a long and high profile case, a 5-4 decision was made. Denying “Phrasemarks” as they had come to be known, was a violation of freedom of speech and expression, and would restrict innovation in music. This precedent resonated through the world of music rapidly. Artists with one hit wonders or classic songs now wanted to own the phrases that had propelled them to fame as well as the songs. “You’re So Vain” was one of the first. The Jackson estate did extensive work, “Startin’ somethin’”, “That’s how easy love can be”, “doesn’t matter if you’re black or white”, all of these phrases became off limits. Battles over phrases and words became bitter, ABBA’s claim to “Voulez-Vous” was challenged by Labelle’s claim to “Voulez vous couchez avec mois”. The Black Eyed Peas even managed to gain control of “Party Everyday” and made a killing off of profits from other songs using the phrase.

                This new paradigm created a dilemma for those still writing music. Many common English phrases were simply no longer available, and this led to some creative adaptations of the market. Old English had a brief resurgence, as did strange uses of grammar. Katy’ Perry’s “Thou Know’st Not What Thou Do’st To Me” was a splash hit. Pop Music quickly began to use mostly pidgin phrases which used generic and difficult to trademark turns of phrase. “Lovin’ Good, Hatin’ Bad” brought Brittney Spears back to glory for a brief period. Countercultural music was also heavily influenced by this, as punk groups deliberately attempted to provoke legal action in opposition to the system. Whole songs developed that were just formed from amalgams of phrasemarks, such as “Call This Sick Beat Maybe – I’ll Be Here In Your Arms for a Bad Romance”. But it was Ke$ha who truly broke open the doors to a new era of music. After listening to Sigur Ros – she realized that nobody had taken advantage of made up languages, and quickly filled that vacuum. “B’Ghøtel Shøtel” was a bizarre party anthem that stayed on top of billboard for months. Now, going into the 2016 election, this issue has become the issue for American politicians. Heavy lobbying on the part of the music industry is leading to a close race between Clinton and Rubio. Perhaps the decision will be overturned. Honestly, I don’t care either way. For now, I’m listening to that new Carly Rae track “Bilgus Filgus” – it’s IMPOSSIBLE to get it out of my head!.