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

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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Comments on “Guy Sues Over 'Da Da Da Da Da Da…. CHARGE!' Jingle He Might Not Have Written”

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53 Comments
Marcus Carab (profile) says:

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…

Anonymous Coward says:

Re: 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!

Anonymous Coward says:

Re: 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=%2Fnetahtml%2FPTO%2Fsearch-bool.html&r=5&f=G&l=50&co1=AND&d=PTXT&s1=6368227&OS=6368227&RS=6368227

jenningsthecat (profile) says:

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…

Joseph K (profile) says:

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.

Vidiot (profile) says:

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.

FUDbuster (profile) says:

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.

Huph (user link) says:

Re: 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?

Berenerd (profile) says:

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.

bdhoro (profile) says:

...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!

MGraham (profile) says:

"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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