Nigel's Miscalculation

Nigel got his guitar up from the table with firm fingers, put the strap over his neck and threw his weight onto the sofa. He plucked the strings and they gave forth pleasant musical vibrations. On the table was a pen and a writing pad with a few scribblings on the open page.

Nigel began humming the song he wanted to play on his guitar. It was a song about heartbreak. He loved the tune so much, it made him feel a sea of emotions within whenever he listened to it. He wanted to adapt the tune to the lyrics of the song he was writing. The tune came from a song written by a popular musician named Benedict Y. The song was titled The Space You Left Behind.

He played out his own lyrics together with the lovely tune until past midnight, but it didn't feel like they were syncing well. He would work on the lyrics more in the more. With that he put his guitar and writing pad away, and launched himself into his cozy bed.

When he met Harold, his record producer, the next morning and told him of his progress so far with composing the music pieces, Harold advised him to drop the tune he was trying to use with the lyrics and maybe use an original tune. An expression of incredulous alarm formed on Nigel's face when he heard that.

“I mean, what could possibly go wrong?"

“Everything.” Harold said without flinching. “You know if the owner of the tune, Benedict Y decides to sue and wins it could cost you and the recording company a lot. Is that a chance you are willing to take?"

No reply came from Nigel. There was a dazed looked in his eyes and he seemed to be turning thoughts over in his mind.

Harold continued.

“For someone still starting out in the music industry, full originality is advised, even in tunes or melody. If a legal case should arise pertaining to your song it might hurt your fledging career.”

An unconvincing

“Ok, I will think about it.”

Came from Nigel's lips and he and Harold parted. Throughout that day a cloud of worry hung in his heart.

He loved that melody of The Space You Left Behind by Benedict Y so much and wanted to use it alongside a song he composed about the recent divorce of his parents. His lyrics when sung to that tune, stirred his soul in a way nothing else did. He tried to make a decision that night by dropping the tune but he couldn't. Sure enough, he had composed some other tunes that fit well with his lyrics but he had an emotional attachment to the tune of The Space You Left Behind. It was a favourite song of his dad when he was still together with his mom, and he remembered days past, during his younger years when his dad would play the song and he and his elder brother and his dad would sing along heartily. It was always enjoyable and felt like a party.

He clung to these memories as he clung to his pillow on the bed while trying to get some sleep. But sleep evaded him and thoughts roamed in his head. Finally he decided he would take the leap across the river even if he got drowned, he would go head and use that tune in his music, nothing could go wrong as he saw it.

When he relayed his decision to Harold, Harold had nothing to say but a shake of the head and a silent

“Ok.”

In a few weeks Nigel was through with his compositions and the music was recorded in the studio and produced and marketed. On the first day of it's release it hit 800 million streams on the popular music streaming platform LyricsYou just behind Authur Jameson, the most popular musician of the day. It was ranking No 1 in the charts in most countries. Nigel's music was played on numerous television and radio stations, it was especially popular with young people. Some people were already bringing Nigel into the debate of the Greatest Musician Of Time, but surely it was too early.

Nigel swam in his newfound fame like the dolphins swim the sea. The journey from being a nobody to a highly acclaimed celebrity seemed to have happened in an eye’s blink. He barely had time for himself as he attended interviews and gave performances before thrilled fans.

One morning he woke up to the bright, joyous light of the sun. Waves of happiness seemed to swim inside him. He sat up in bed and grabbed him phone and scrolled his social media account. His eye caught a hashtag that seemed to spray him with chills. #Nigelthecopycat. He clicked the hashtag and read further. Turns out an infuriated fan of Benedict Y had made a detailed video that made comparisons between Nigel's song and that of Benedict Y. He showed the similarities in the tunes of both songs and even slightly in the lyrics. He said Nigel had copied Benedict Y.

Nobody had noticed this the first time Nigel's song, Half Of A Heartbeat had been released but no almost everybody seemed to agree, even Nigel's fans. He felt as chilly as a fish in the ocean's depths as he saw what the media was saying. Benedict Y had not yet said anything about it.

He recalled the evening, Harold had tried to talk him out of using Benedict Y's melody for his lyrics. Only if he had listened. He imagined the consequences of his actions, the legal battles, the money he would part with if he was found guilty and his damaged reputation. He managed to call Harold on his phone with shaky and sweaty fingers.

“I saw it.” Harold replied to his question. “I think Benedict Y would make a strong case if he decides to sue. And from the news I'm hearing he's preparing to do that maybe next week.”

“Is there anything that could be done?” Nigel sounded tired and troubled.

“Nothing. Absolutely. The album's already released. We will just wait to meet them in court when they sue. You know I warned you of this, but it's too late now.”

At the other end of the phone, Nigel kept silent. He knew he had made a terrible error. He cosidered the full consequences: the fines, loss of fan support, loss of endorsement and brand deals, take down of his music by streaming platforms, even imprisonment. He just bowed his head and sighed deeply.

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