Guy Sues Over 'Da Da Da Da Da Da.... CHARGE!' Jingle He Might Not Have Written

from the da-da-da-da-da-da....-SUE! dept

Tue, Apr 19th 2011 9:35am — Mike Masnick

A few different folks sent over variations on this story about how a guy named Bobby Kent claims to have come up with the now ubiquitous "da da da da da da... CHARGE!" music in 1978. If you've been to a major sporting event in the US in the past few decades, you've almost certainly heard it. You can finds tons of examples on YouTube, but here's a decent one: Kent apparently was the musical director for the San Diego Chargers football team in 1978, and claims he came up with (and registered a copyright for) the song "Stadium Doo Dads," which apparently includes the same notes, though I cannot find a full version of the song anywhere to compare. Either way, Kent is now suing ASCAP for not paying him royalties for all the stadiums playing those six notes, and that he intends to sue every professional sports team in the US, with the exception of the Los Angeles Lakers, who coughed up $3,000 when he sent them a letter.

You can see the full lawsuit against ASCAP embedded below in all its glory. Of course, it does raise questions about whether or not these six simple notes really rise to the level of creativity required for a copyright. But, even if you accept that, there's another (big) problem. For years, it's been claimed that the true originator of the "da da da da da da... CHARGE!" concept was a dude named Tommy Walker, who was both a drum major and the field kicker for the USC Trojans in the late 1940s and claims to have come up with the basic jingle in 1946. Of course, others point out that, it's really built on an old calvary bugle call, with some reports pointing to a German WWI army manual that has the same six notes listed as number 20 "Battery." Others have pointed out that the (newly moved from Brooklyn) LA Dodgers picked up on using the charge call from USC in 1958 and it spread from there.

All of that history certainly calls into serious question the legitimacy of Kent's overall claims. When asked about this, Kent's lawyer says that the two songs have a different tempo:

Kent's attorney acknowledged that the USC song "does contain five notes that are close to the last five notes of the crescendo of Mr. Kent's song." But, he said, the notes are played at a different tempo.

In the end... I'm sorta left with the simple question: what kind of system do we have when there's now going to be legal fights over the "Charge!" jingle?

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Filed Under: bobby kent, charge, jingle, sports, tommy walker

53 Comments

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Marcus Carab (profile), 19 Apr 2011 @ 9:12am

Kent's attorney acknowledged that the USC song "does contain five notes that are close to the last five notes of the crescendo of Mr. Kent's song." But, he said, the notes are played at a different tempo.

Isn't the whole point of that jingle that the tempo isn't fixed, but gradually increases until the end? I'm not sure the basic musical concept of accelerando deserves a copyright...
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- The eejit (profile), 19 Apr 2011 @ 9:28am
  
  Re:
  CLEARLY YOU ARE NOT A CONTENT CREATOR WHO HAS THEIR WORKS STOLEN ALL THE TIME!*
  
  *nah, just getting that argument out of the way now.
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- fogbugzd (profile), 19 Apr 2011 @ 10:07am
  
  Re:
  >>I'm not sure the basic musical concept of accelerando deserves a copyright...
  
  It probably doesn't, but I bet you could get a patent on it.
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Sanity Challenged (profile), 19 Apr 2011 @ 9:52am

Funny, but I recall playing this tune in high school at our local football games.
We called it the 'Tuba Charge' because we tuba players usually started it.
Strangely, I don't recall seeing the plaintiff there in 1974 or 1975 when we played at it every home game here in Gloversville, NY.
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- Kiwini, 19 Apr 2011 @ 10:14am
  
  Re: Too little, far too late
  I did the same thing at my HS football games in the late 60's. It's recorded on several reels of 8mm home film that's still in my posession, so my "proof" pre-dates Bobby's by the better part of a decade.
  
  Who do I see about getting ?my" money?....
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The Libertarian, 19 Apr 2011 @ 9:52am

Question, wouldn't the Chargers own the copyright if there is one, as this Mr. Kent worked for them, and most likely had a contract that said anything he makes for this job is thiers?

And say this gets tossed on some grounds by the judge, does that make the 3,000 from the Lakers, extorsion?
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- ChurchHatesTucker (profile), 19 Apr 2011 @ 10:14am
  
  Re:
  Question, wouldn't the Chargers own the copyright if there is one, as this Mr. Kent worked for them, and most likely had a contract that said anything he makes for this job is thiers?
  
  Not likely in those days. Copyright wasn't quite the lottery-ticket-hoarding institution that it is today.
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A Dan (profile), 19 Apr 2011 @ 9:53am

Ah yes
I first heard about this on Wait Wait... Don't Tell Me from last weekend. I certainly didn't think this one was the true story.
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Wiggs (profile), 19 Apr 2011 @ 10:00am

Am I wrong, or was this "jingle" not a fairly common part of old Looney Tunes cartoons from the '40s and '50s? Whenever I hear those particular notes mentioned, I always hear Daffy Duck screaming 'CHARGE!' at the end... which most definitely predates this schmuck's claims.

Maybe he didn't watch Looney Tunes as a kid?
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- TS.Atomic (profile), 19 Apr 2011 @ 10:41am
  
  Re:
  I was going to say the same thing. I want to say I remember it used quite a few times in the old Looney-Tunes cartoons.
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  - Anonymous Coward, 19 Apr 2011 @ 11:35am
    
    Re: Re:
    I third this recollection, not only from Looney Tunes cartoons but also...gah...memory leak...
    
    Dudley DoRight in the 60s? Or something similar.
    
    Three Stooges shorts also? Maybe?
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- RussK (profile), 19 Apr 2011 @ 6:43pm
  
  Re:
  More importantly, there would be a copyright held by Warner Brothers which negates any later claim I would think.
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- Keith, 20 Apr 2011 @ 12:10pm
  
  Re:
  I remember hearing it on the Flintstones, circa 1965. Wilma and Betty would yell "da da da da Charge IT!" before going on a shopping spree.
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Anonymous Coward, 19 Apr 2011 @ 10:08am

More importantly writing the the LA Lakers a letter claiming copyright over something might net you $3000! I'm gonna be rich!
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- Anonymous Coward, 19 Apr 2011 @ 10:10am
  
  Re:
  You should claim copyright over "The Wave".
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  - DH's Love Child (profile), 19 Apr 2011 @ 10:22am
    
    Re: Re:
    Actually, the University of Washington beat you to it. :)
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- Anonymous Coward, 19 Apr 2011 @ 11:03am
  
  Re:
  I was thinking the exact same thing. My next business venture is sending people letters claiming I have a copyright on something.
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  - Anonymous Coward, 19 Apr 2011 @ 11:37am
    
    Re: Re:
    I'm surprised it's not a bona fide scam already...oh wait...
    
    Hi, Righthaven!
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  - HarryMonmouth, 19 Apr 2011 @ 11:45am
    
    Re: Re:
    Go ahead, I have a global copyright on that form of business so you will have to pay me a royalty. :)
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    - Anonymous Coward, 19 Apr 2011 @ 1:55pm
      
      Re: Re: Re:
      That would be a patented business method. I have several patents dealing with posting in a public forum and we can just trade licenses so that you can continue posting here.
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Anonymous Coward, 19 Apr 2011 @ 10:13am

Desperate times for a desperate nation.
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Greg G (profile), 19 Apr 2011 @ 10:21am

da da da DA da da... SUE!
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AG Wright (profile), 19 Apr 2011 @ 10:22am

Trumpet players
OK I played trumpet in Jr. High and high school back in the 60's and early 70's. We played stuff like that all the time. It's sort of implicit in the instrument since those types of bugle calls are all played on one fingering.
Some people have more nerve than brains.
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- Steven (profile), 19 Apr 2011 @ 10:47am
  
  Re: Trumpet players
  I was going bring this up as well. I also played trumpet and this was one of the 'standard' bugle calls.
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Ron (profile), 19 Apr 2011 @ 10:27am

I seem to remember a Flintstones Episode where Wilma gets a credit card and they go da da da da da da Charge It!!. Wouldn't that be prior art as well?
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- Anonymous Coward, 19 Apr 2011 @ 10:34am
  
  Re:
  And didn't the Flintstones take place in prehistoric times? That's some serious prior art there.
  
  Wait, wait, wait... This just gave me an idea. I have DNA proof that I'm a direct descendant of early humans, and since they invented fire I'm gonna be filthy rich.
  
  Pay up, all you lazy food-cooking bastards!
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  - Anonymous Coward, 19 Apr 2011 @ 11:08am
    
    Re: Re:
    This is why I only eat raw food. I knew someone was going to do that.
    
    Patent a method of raising the temperature of food to levels safe for human consumption. Would be as good as patenting a method for swinging.
    
    http://patft.uspto.gov/netacgi/nph-Parser?Sect1=PTO2&Sect2=HITOFF&p=1&u=%2F netahtml%2FPTO%2Fsearch-bool.html&r=5&f=G&l=50&co1=AND&d=PTXT&s1=6368227& ;OS=6368227&RS=6368227
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- jenningsthecat (profile), 19 Apr 2011 @ 2:04pm
  
  Re: Flintstones - that's just spooky!
  When I read this story, I also was immediately reminded of that Flintstones episode - I even thought of it as 'prior art' as you did, although that concept only applies to patents AFAIK. So it was a strange experience reading your comment...
  
  And in the spirit of Bobby Kent, I think I thought of the Flintstones angle first, and I claim copyright on it! Expect a C+D from the law offices of Dewey, Cheatham, & Howe...
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Joseph K (profile), 19 Apr 2011 @ 11:11am

In the Flintstones
Here's a link to a 1960 episode of the Flintstones using the bugle call and "charge."

http://www.youtube.com/watch?v=DZsWd2ke-I4#t=10m50s

The sports illustrated piece you linked to, also says there were toy bugles sold by the Dodgers in 1959 that played the tune. I'm sure they could dig up even earlier hard evidence to hopefully completely trounce this guy's copyright claim.
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Vidiot (profile), 19 Apr 2011 @ 11:13am

Goes 'way back
That musical figure can be heard in "March of the Toys", an instrumental in Victor Herbert's operetta "Babes in Toyland", immortalized in 1934 as a Laurel & Hardy film, but composed originally in 1903 for the stage. Both of which dates are before 1978, I think. Of course, having added the word "Charge!", I think he's entitled to every penny for his hard work and ingenuity.
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FUDbuster (profile), 19 Apr 2011 @ 11:24am

In the end... I'm sorta left with the simple question: what kind of system do we have when there's now going to be legal fights over the "Charge!" jingle?

I'm not sure how one person's legal claims calls into question the whole legal system. People make all sorts of stupid claims in every branch of law, not just copyright.
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- Anonymous Coward, 19 Apr 2011 @ 12:25pm
  
  Re:
  If it were just one person I would agree with you...but we have new stories every day with this kind of bullshit.
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  - Huph, 19 Apr 2011 @ 1:53pm
    
    Re: Re:
    So? I can point you to hundreds--maybe thousands--of cases of people abusing self-defense laws. What's the point? Should we not allow imminent danger as a legal defense?
    
    There are thousands of cases of murderers abusing mental defect laws, should they be eliminated?
    
    Some cops abuse their authority to write tickets, or to to physically thrash a person. Should we outlaw police protection in general?
    
    All laws are taken advantage of. Should they all be called into further question?
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    - Huph, 19 Apr 2011 @ 1:55pm
      
      Re: Re: Re:
      Let me rephrase that: "All laws are taken advantage of. Should they all be repealed?"
      
      Because I think that all laws should be questioned. Nothing should just be accepted.
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      - Anonymous Coward, 19 Apr 2011 @ 2:39pm
        
        Re: Re: Re: Re:
        If a law is causing serious harm to our economy then I would say it's time to take a good hard look at that law and if it is needed.
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      - Any Mouse (profile), 19 Apr 2011 @ 4:54pm
        
        Re: Re: Re: Re:
        The difference with all of your examples and this is that your examples all have serious legal ramifications if they are caught. The only thing this guy loses is some money to the lawyers. Other than looking like an idiot, that is.
        
        Things like this should be charged with fraud with some jail time attached.
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Charles, 19 Apr 2011 @ 11:30am

Charge
That is older than I am. I played that in college in 1966, so did all the opposing times.

This guy is clueless.
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Anonymous Coward, 19 Apr 2011 @ 12:24pm

Da Da Da Da, Da Da - PUPPY POWER!
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- DogBreath, 19 Apr 2011 @ 2:48pm
  
  Re:
  Even Scrappy-Doo is gonna get sued.
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Berenerd (profile), 19 Apr 2011 @ 12:27pm

MUSIC IS STOLEN!!
If tempo made the difference between copyrights then there is a big issue. Every song made over the last 2 decades or more (I am being kind) was derived from Blues rifts. They usually play in a different key and/or tempo but the rift is the same. This means every rock song EVER was STOLEN and RIAA owes BAJILLIONS to the dead bluse bands...then again, bluse was created off other musical types. So in reality, assuming this claim is reality, everyone owes 9999999999999999999999999999999999999999999999999.91 gabjillion dollars to the person who first hit a rock with a stick.
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- DogBreath, 19 Apr 2011 @ 3:22pm
  
  Re: MUSIC IS STOLEN!!
  Then the RIAA had better get ready to pay Gunga's ancestors a s-load of money (after they foolishly increase copyright terms one step too far, and you know they will one day)
  
  http://www.youtube.com/watch?v=UnwOE_44D9M
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- Richard (profile), 19 Apr 2011 @ 3:38pm
  
  Re: MUSIC IS STOLEN!!
  Every song made over the last 2 decades or more (I am being kind) was derived from Blues rifts.
  Except the ones that rip off Pachelbel's Canon, which is pretty much all of them....
  
  If his copyright hadn't expired = and if he was still alive - Pachelbel would be very very rich indeed!
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  - AW, 19 Apr 2011 @ 8:07pm
    
    Re: Re: MUSIC IS STOLEN!!
    That was great thanks for that!
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Theoden, 19 Apr 2011 @ 1:32pm

Even Dr. Pepper used it
Go to http://www.bestoldcommercials.com/the-dr-pepper-difference-jingle/ for a jingle from the '60s that will get stuck in your head and predates Binky the Songwriter's copyright claim. Maybe even predates the Flintstones!
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aldestrawk (profile), 19 Apr 2011 @ 4:43pm

A different tempo, really?
The Grateful Dead play(ed) their songs at different tempos all the time. Then, when they hear the tapes after they've come down, they try to sue themselves for infringement. The judge always dismisses this early on but not because a different tempo means it's a different song.
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RussK, 19 Apr 2011 @ 6:33pm

Really??!!!
I played these 6 notes at my High School as the lead trumpet in 1967. Ask anyone who attended Rogers H. S. in Toledo. Totally worthless suit.
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RussK (profile), 19 Apr 2011 @ 6:34pm

Really??!!!
I played these 6 notes at my High School as the lead trumpet in 1967. Ask anyone who attended Rogers H. S. in Toledo. Totally worthless suit.
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bdhoro (profile), 19 Apr 2011 @ 7:08pm

...Same system
"In the end... I'm sorta left with the simple question: what kind of system do we have when there's now going to be legal fights over the "Charge!" jingle?"

The same system where nobody is actually allowed to sing "Happy Birthday" because it was bought by Warner even though the Wikipedia entry states the composition and melody were copied from an earlier song. Not only that but the combination of words and melody to make the Happy Birthday Song were printed and likely played in the early 1900's before anybody copyrighted it.

Da da Da da da Happy Birthday!
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slander (profile), 19 Apr 2011 @ 7:19pm

Charger football?
Actually, I'm more disappointed that you said the Chargers are a football team. After living in San Diego since 1984, I can assure that the only San Diego team called the Chargers plays volleyball, especially toward the end of the season...
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Buckwally, 20 Apr 2011 @ 10:45am

US Cavalry Bugle Call
I believe that the US Cavalry used this going back a century or more
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MGraham (profile), 20 Apr 2011 @ 11:12am

"Charge" Music
One of the proudest Father-Son moments I had with my dad was back when he bought me a boy scout bugle so I could play the 6 notes leading up to "Charge" at the home games of the Kansas City Chiefs in their first years in Kansas City. This had to have been 1964-66, and I KNOW I wasn't the first to play it. Maybe the fellow has rights to a particular arrangement -- but it can't be of the notes. Da-da-da-daa-da-daaaaa-CHARGE!

Michael R.
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Anonymous Coward, 26 Jul 2013 @ 8:20pm

dadadadadadadadadadadadada
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sidda gnome, 17 Oct 2014 @ 3:44pm

this website
I looked up how to play charge on a trumpet and this website sucks so much and and anonymous coward why cwould you right dadadadadada charge that is so weird
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