Today in Madonna History: April 3, 1993

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On April 3 1993, Fever entered the UK Singles Chart at its peak position of number-six. Without the support of a proper music video at the time of its release (Warner UK instead issued a rarely seen compilation video of previous clips), the single spent only six weeks on the UK charts, dropping to number-seven the following week.

Strangely, Madonna did eventually decide to film a video for the song in late April  – nearly a month after its release in Europe. By the time the video premiered during the second week of May, Fever was spending its final week on the UK Singles Chart.

In North America the remixes for Fever had been issued commercially on Madonna’s previous international single, Bad Girl. Fever was also serviced to clubs as a promotional single in its own right, but it was not promoted to radio despite the video being added to into rotation on MTV and MuchMusic. While the release of the music video managed to coincide with Fever’s single week atop the Hot Dance/Club Play chart, its number-one status had already been confirmed several days prior to the clip’s debut, making the video’s intended purpose and the timing of its release all the more puzzling.

Today in Madonna History: March 26, 1986

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On March 26 1986, Live To Tell was released as a single in North America by Sire Records. The haunting and dramatic ballad, written and produced by Madonna & Patrick Leonard, was the first commercially released collaboration between the pair – a songwriting partnership that is viewed by many fans as one of her most creatively successful.

Leonard had previously been involved with Madonna’s Virgin Tour as musical director, and when Madonna agreed to participate in Live Aid in the Summer of 1985, she asked him to collaborate on a new song for the performance, which evolved into Love Makes The World Go Round.

Although both songs would find their way on to Madonna’s next studio album, True Blue, at the time of Live To Tell’s release the album’s title had not yet been decided. Instead, the song was used to promote Sean Penn’s film At Close Range, in which it was featured alongside an original score composed by Leonard.

He had initially composed the music that evolved into Live To Tell for another film he had been invited to score for Paramount, titled Fire With Fire. The producers of the film passed on the theme. Leonard recalled the subsequent series of events that led to the song’s completion in The Billboard Book of Number One Hits by Random House:

“Madonna said ‘This song would be great for Sean’s new movie.’ She wrote the lyrics–she just wrote them on the spot, which is what we always do. I don’t think we’ve ever taken more than three hours to complete a song from start to finish. She sang it on the demo only once and left with the cassette. That day I went to work with Michael Jackson on some transcriptions for material he was writing for the Bad album. The phone rang at Michael’s and it was Sean. He said ‘I’m over at the director’s house and Madonna just brought the song over. We love it and we’d like to talk to you about it.’ … We recut the song, but we used the same vocal. She only sang it once for the demo and that was the vocal we used because it was so innocent and so shy. She had a legal pad in her hand and you can hear the paper. It’s as raw as raw can be and that’s part of what gave it all its charm.”

When the demo recording of Live To Tell eventually surfaced, it became evident that Madonna had in fact re-recorded the first verse, but all remaining vocals do indeed appear to have been carried over from the demo to the final mix (along with a generously added dose of reverb to smooth over the rough edges of the demo take).

Given the song’s dark undercurrents and unresolved narrative, it was a bold choice for a single release. It marked a dramatic shift from the yearning love song, Crazy For You – her only other ballad to have been issued as a single at the time. But any radio programmers who were hesitant to consider Madonna as a serious artist simply couldn’t deny the artistry of the song and nor could record buyers, with the combined support sending Live To Tell straight to the top of the pop charts. It was also a significant Adult Contemporary crossover success, becoming her first single to reach number-one on Billboard’s Hot AC chart where it reigned for three weeks.

Today in Madonna History: March 18, 2005

On March 18 2005, a resolution was reached in a UK copyright lawsuit (Coffey v Warner/Chappell Music Ltd. & Others) which alleged that elements of the Madonna & Patrick Leonard composition, Nothing Really Matters, had infringed on the copyright of claimant Elizabeth Coffey and her song, Forever After, performed by Peter Twomey.

The case took almost four years to reach the court and went under a considerable number of amendments by the plaintiff during that time. Coffey eventually alleged that the recording of Forever After included an original musical work, which consisted of the combination of vocal expression, pitch contour, and syncopation of or around the words “does it really matter,” but did not extend to the melody or lyrics surrounding those words.  She pleaded that the words “does it really matter” comprised the song’s lyrical hook and alleged that the copyright in Forever After was infringed by the defendants’ activities in relation to Nothing Really Matters.

In turn, the defendants moved to have the claim struck out as the method the plaintiff had identified the alleged copied elements was contrary to copyright law in general. Another defense offered was that, in any event, no copying had occurred.

The case was dismissed on the legal grounds that, in copyright, one cannot cherry pick the elements of the song that are the most similar in an attempt to build a stronger case. In his findings, the presiding Judge Blackburn, noted:
“The three somewhat elusive features identified by the claimant as her musical work cannot by any stretch of the imagination be said to be sufficiently separable from the remainder of the song as themselves to constitute a musical work. […] What the copyright work is in any given case is not governed by what the claimant alleging copyright infringement chooses to say that it is. Rather, it is a matter for objective determination by the court.”
A summary analysis and MIDI clip of the claimant’s song (which, incidentally, bears no perceivable resemblance to Nothing Really Matters) can be found here. The complete judgement in the lawsuit can be viewed here.

 

Today in Madonna History: March 14, 1998

On March 14 1998, Madonna’s Ray of Light album was reviewed in Billboard magazine.

The Ray of Light album would debut at #2 in the U.S. the following week, being held back from the top spot by the blockbuster soundtrack for the film, Titanic.

Meanwhile in Canada, the album would enter the chart at #1, pushing Titanic into the runner-up position.

Today in Madonna History: March 9, 1983

On March 9 1983, Madonna’s second single, the classic double A-side Burning Up/Physical Attraction, was released on 12″ vinyl.

The sleeve of the single featured a series of sketches of Madonna created by her close friend, Martin Burgoyne.

 

Today In Madonna History: February 23, 2000

On February 23 1999, Madonna’s Beautiful Stranger won Best Song Written For A Motion Picture, Television Or Other Visual Media at the 42nd annual Grammy Awards at the Staples Center, in Los Angeles, California.

Today In Madonna History: February 11, 1993

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On February 11 1993, Madonna’s Bad Girl video premiered on MTV. The video was directed by David Fincher.