Black Tears
Encyclopedia
"Black Tears" is a song
by Australian alternative rock
band
Powderfinger
, from their sixth studio album Dream Days at the Hotel Existence
. The song is an acoustic
ballad
in a folk music
style, beginning with one guitar
and a lead vocal, later introducing a guitar with a synthesised effect from the first chorus. Following the Dream Days at the Hotel Existence release, live versions of the song have been released on other recordings.
The song did not cause the release of the album
to be delayed, despite claims that the song's lyrics could interfere with the 2004 Palm Island death in custody
case.
, an afternoon newspaper in Brisbane
, revealed that the defence team for Senior Sergeant Chris Hurley would be referring the song to Queensland Attorney-General Kerry Shine
, due to concerns that the song's lyrics could prejudice the 2004 Palm Island death in custody
, where Hurley had been charged for manslaughter
. On 2 May Hurley's lawyer
Glen Cranny said "The content and proposed timing of the song’s release raises some serious concerns regarding Mr Hurley’s trial." It was claimed by the defence team that the song's lyrics were similar to the events that took place surrounding the death of Mulrunji. The band's manager, Paul Piticco
, conceded the song was about the case but insisted they were not specific enough to cause a problem.
The album was set to be released 10 days before Hurley would face Townsville
Supreme Court
, on 12 June. There were concerns that the case's jury
could potentially be biased by the lyrical content.
Due to the concerns raised, Powderfinger sought legal advice. Then Queensland premier, Peter Beattie
, who had legal experience, said the song was likely to be protected by free speech laws, noting "The matter would have to go pertain specifically to the issues of the trial" for a "prejudice" argument to be raised.
Several days after the initial threats of legal action, Powderfinger backed down and announced they would change the song. The band's lawyers sent Shine a copy of the new, altered lyrics. It was then reported that an analysis of the new lyrics found they were safe to release. This was the version that would later be used on the album. A statement from Shine's office stated that "Crown Law has examined the lyrics. Crown Law have advised Mr Shine's office the lyrics raise no legal concern."
In a June 2007 interview, Fanning noted that Powderfinger hoped to re-release the original version of the song in the future, after the case had been settled. He also said that he was not angry about having to change his lyrics, but lamented the lack of Australian musicians willing to challenge the status quo.
The legal threats against the song were attacked heavily by some writers, including Andrew Stafford of The Bulletin
. He noted that it was highly unlikely "Black Tears" would be released as a single
, so potential jurors would need to "buy a copy of Dream Days in the ten days between its release and Hurley's trial just to hear the song". He also noted that Piticco had stated the lyrics could just as easily refer to a death in Brisbane
, not on Palm Island.
In a media statement published on the band's MySpace
web page, lead singer Bernard Fanning
, who originally wrote the song, said the inspiration came to him after "a trip that I took last year to Uluru
". He said it discussed the issue of people climbing the rock, which is sacred in Aboriginal folklore, despite "the prevalence of literature and signage" asking people not to. Fanning compared climbing Uluru to climbing the Vatican
, which he noted would be highly offensive to Catholics.
Fanning said the second part of the song, which contained the controversial lyrics, was written following the Queensland Director of Public Prosecutions passing down its finding in the death in custody case
. He said that the band believed the song would have no bearing on the legal procedure, they would nonetheless include an alternative version of the song on Dream Days at the Hotel Existence.
The alternate version of the song still contains the lyrics An island watchhouse bed / A black man's lying dead. but not the lyrics that followed.
Upon announcing that the album would contain an altered version, Fanning noted his initial reasons for the song, stating "to bring attention to the obvious disadvantage that is still being suffered by Aboriginal people in this country", which he said included the issue of "Indigenous deaths in custody". Despite the claimed lyrical change, some early versions of Dream Days at the Hotel Existence were shipped with a version of "Black Tears" that included the controversial lyrics, which were also published on the band's website.
Song
In music, a song is a composition for voice or voices, performed by singing.A song may be accompanied by musical instruments, or it may be unaccompanied, as in the case of a cappella songs...
by Australian alternative rock
Alternative rock
Alternative rock is a genre of rock music and a term used to describe a diverse musical movement that emerged from the independent music underground of the 1980s and became widely popular by the 1990s...
band
Band (music)
In music, a musical ensemble or band is a group of musicians that works together to perform music. The following articles concern types of musical bands:* All-female band* Big band* Boy band* Christian band* Church band* Concert band* Cover band...
Powderfinger
Powderfinger
Powderfinger was an Australian rock band that formed in Brisbane in 1989. From 1992 until their breakup the band lineup consisted of vocalist Bernard Fanning, guitarists Darren Middleton and Ian Haug, bassist John Collins, and drummer Jon Coghill....
, from their sixth studio album Dream Days at the Hotel Existence
Dream Days at the Hotel Existence
Dream Days at the Hotel Existence is the sixth studio album by Australian rock band Powderfinger, released by Universal Music on 2 June 2007 in Australia, 19 November 2007 in the United Kingdom, and 11 November 2008 in the United States on the Dew Process label...
. The song is an acoustic
Acoustic music
Acoustic music comprises music that solely or primarily uses instruments which produce sound through entirely acoustic means, as opposed to electric or electronic means...
ballad
Ballad
A ballad is a form of verse, often a narrative set to music. Ballads were particularly characteristic of British and Irish popular poetry and song from the later medieval period until the 19th century and used extensively across Europe and later the Americas, Australia and North Africa. Many...
in a folk music
Traditional music
Traditional music is the term increasingly used for folk music that is not contemporary folk music. More on this is at the terminology section of the World music article...
style, beginning with one guitar
Guitar
The guitar is a plucked string instrument, usually played with fingers or a pick. The guitar consists of a body with a rigid neck to which the strings, generally six in number, are attached. Guitars are traditionally constructed of various woods and strung with animal gut or, more recently, with...
and a lead vocal, later introducing a guitar with a synthesised effect from the first chorus. Following the Dream Days at the Hotel Existence release, live versions of the song have been released on other recordings.
The song did not cause the release of the album
Album
An album is a collection of recordings, released as a single package on gramophone record, cassette, compact disc, or via digital distribution. The word derives from the Latin word for list .Vinyl LP records have two sides, each comprising one half of the album...
to be delayed, despite claims that the song's lyrics could interfere with the 2004 Palm Island death in custody
2004 Palm Island death in custody
The 2004 Palm Island death in custody incident relates to the death of Palm Island, Queensland resident, Mulrunji on Friday, 19 November 2004 in a police cell. The death of Mulrunji led to civic disturbances on the island and a legal, political and media sensation that continued for three years...
case.
Controversy
On 2 May 2007, mXMX (newspaper)
mX is an Australian free afternoon daily newspaper in the cities of Melbourne, Sydney and Brisbane, owned and produced by News Limited. Targeted at commuters, its main channels of distribution are inner-city railway stations, tram and bus stops, and major CBD intersections.-Beginnings:The first mX...
, an afternoon newspaper in Brisbane
Brisbane
Brisbane is the capital and most populous city in the Australian state of Queensland and the third most populous city in Australia. Brisbane's metropolitan area has a population of over 2 million, and the South East Queensland urban conurbation, centred around Brisbane, encompasses a population of...
, revealed that the defence team for Senior Sergeant Chris Hurley would be referring the song to Queensland Attorney-General Kerry Shine
Kerry Shine
Kerry Gerard Shine is the Australian Labor Party representative of the seat of Toowoomba North in the Queensland Legislative Assembly.He first ran for election in the 1998 state election...
, due to concerns that the song's lyrics could prejudice the 2004 Palm Island death in custody
2004 Palm Island death in custody
The 2004 Palm Island death in custody incident relates to the death of Palm Island, Queensland resident, Mulrunji on Friday, 19 November 2004 in a police cell. The death of Mulrunji led to civic disturbances on the island and a legal, political and media sensation that continued for three years...
, where Hurley had been charged for manslaughter
Manslaughter
Manslaughter is a legal term for the killing of a human being, in a manner considered by law as less culpable than murder. The distinction between murder and manslaughter is said to have first been made by the Ancient Athenian lawmaker Dracon in the 7th century BC.The law generally differentiates...
. On 2 May Hurley's lawyer
Lawyer
A lawyer, according to Black's Law Dictionary, is "a person learned in the law; as an attorney, counsel or solicitor; a person who is practicing law." Law is the system of rules of conduct established by the sovereign government of a society to correct wrongs, maintain the stability of political...
Glen Cranny said "The content and proposed timing of the song’s release raises some serious concerns regarding Mr Hurley’s trial." It was claimed by the defence team that the song's lyrics were similar to the events that took place surrounding the death of Mulrunji. The band's manager, Paul Piticco
Paul Piticco
Paul Piticco is the founder of Secret Service Artist Management, a musician management company and live music organiser, as well as the director of Dew Process, an independent record label...
, conceded the song was about the case but insisted they were not specific enough to cause a problem.
The album was set to be released 10 days before Hurley would face Townsville
Townsville, Queensland
Townsville is a city on the north-eastern coast of Australia, in the state of Queensland. Adjacent to the central section of the Great Barrier Reef, it is in the dry tropics region of Queensland. Townsville is Australia's largest urban centre north of the Sunshine Coast, with a 2006 census...
Supreme Court
Supreme court
A supreme court is the highest court within the hierarchy of many legal jurisdictions. Other descriptions for such courts include court of last resort, instance court, judgment court, high court, or apex court...
, on 12 June. There were concerns that the case's jury
Jury
A jury is a sworn body of people convened to render an impartial verdict officially submitted to them by a court, or to set a penalty or judgment. Modern juries tend to be found in courts to ascertain the guilt, or lack thereof, in a crime. In Anglophone jurisdictions, the verdict may be guilty,...
could potentially be biased by the lyrical content.
Due to the concerns raised, Powderfinger sought legal advice. Then Queensland premier, Peter Beattie
Peter Beattie
Peter Douglas Beattie , Australian politician, was the 36th Premier of the Australian state of Queensland for nine years and leader of the Australian Labor Party in that state for eleven and a half years...
, who had legal experience, said the song was likely to be protected by free speech laws, noting "The matter would have to go pertain specifically to the issues of the trial" for a "prejudice" argument to be raised.
Several days after the initial threats of legal action, Powderfinger backed down and announced they would change the song. The band's lawyers sent Shine a copy of the new, altered lyrics. It was then reported that an analysis of the new lyrics found they were safe to release. This was the version that would later be used on the album. A statement from Shine's office stated that "Crown Law has examined the lyrics. Crown Law have advised Mr Shine's office the lyrics raise no legal concern."
In a June 2007 interview, Fanning noted that Powderfinger hoped to re-release the original version of the song in the future, after the case had been settled. He also said that he was not angry about having to change his lyrics, but lamented the lack of Australian musicians willing to challenge the status quo.
The legal threats against the song were attacked heavily by some writers, including Andrew Stafford of The Bulletin
The Bulletin
The Bulletin was an Australian weekly magazine that was published in Sydney from 1880 until January 2008. It was influential in Australian culture and politics from about 1890 until World War I, the period when it was identified with the "Bulletin school" of Australian literature. Its influence...
. He noted that it was highly unlikely "Black Tears" would be released as a single
Single (music)
In music, a single or record single is a type of release, typically a recording of fewer tracks than an LP or a CD. This can be released for sale to the public in a variety of different formats. In most cases, the single is a song that is released separately from an album, but it can still appear...
, so potential jurors would need to "buy a copy of Dream Days in the ten days between its release and Hurley's trial just to hear the song". He also noted that Piticco had stated the lyrics could just as easily refer to a death in Brisbane
Brisbane
Brisbane is the capital and most populous city in the Australian state of Queensland and the third most populous city in Australia. Brisbane's metropolitan area has a population of over 2 million, and the South East Queensland urban conurbation, centred around Brisbane, encompasses a population of...
, not on Palm Island.
Musical content
MySpace
Myspace is a social networking service owned by Specific Media LLC and pop star Justin Timberlake. Myspace launched in August 2003 and is headquartered in Beverly Hills, California. In August 2011, Myspace had 33.1 million unique U.S. visitors....
web page, lead singer Bernard Fanning
Bernard Fanning
Bernard Joseph Fanning is a musician and singer-songwriter. He is best known as the lead singer and frontman of Australian alternative rock band Powderfinger from its formation in 1989 to its dissolution in 2010....
, who originally wrote the song, said the inspiration came to him after "a trip that I took last year to Uluru
Uluru
Uluru , also known as Ayers Rock, is a large sandstone rock formation in the southern part of the Northern Territory, central Australia. It lies south west of the nearest large town, Alice Springs; by road. Kata Tjuta and Uluru are the two major features of the Uluṟu-Kata Tjuṯa National Park....
". He said it discussed the issue of people climbing the rock, which is sacred in Aboriginal folklore, despite "the prevalence of literature and signage" asking people not to. Fanning compared climbing Uluru to climbing the Vatican
St. Peter's Basilica
The Papal Basilica of Saint Peter , officially known in Italian as ' and commonly known as Saint Peter's Basilica, is a Late Renaissance church located within the Vatican City. Saint Peter's Basilica has the largest interior of any Christian church in the world...
, which he noted would be highly offensive to Catholics.
Fanning said the second part of the song, which contained the controversial lyrics, was written following the Queensland Director of Public Prosecutions passing down its finding in the death in custody case
2004 Palm Island death in custody
The 2004 Palm Island death in custody incident relates to the death of Palm Island, Queensland resident, Mulrunji on Friday, 19 November 2004 in a police cell. The death of Mulrunji led to civic disturbances on the island and a legal, political and media sensation that continued for three years...
. He said that the band believed the song would have no bearing on the legal procedure, they would nonetheless include an alternative version of the song on Dream Days at the Hotel Existence.
The alternate version of the song still contains the lyrics An island watchhouse bed / A black man's lying dead. but not the lyrics that followed.
Upon announcing that the album would contain an altered version, Fanning noted his initial reasons for the song, stating "to bring attention to the obvious disadvantage that is still being suffered by Aboriginal people in this country", which he said included the issue of "Indigenous deaths in custody". Despite the claimed lyrical change, some early versions of Dream Days at the Hotel Existence were shipped with a version of "Black Tears" that included the controversial lyrics, which were also published on the band's website.
Live performances
- Across the Great Divide tourAcross the Great Divide Tour (DVD)The Across the Great Divide Tour was a live DVD and release by Australian rock bands Powderfinger and Silverchair. Released on 1 December 2007, it followed two Melbourne concerts during the bands' two month-long nationwide tour, titled the Across the Great Divide tour...
DVD – Disc 1, Track 11 - I Don't RememberI Don't Remember"I Don't Remember" is a song by Australian alternative rock band Powderfinger, from the album Dream Days at the Hotel Existence. It made its radio debut on 9 July 2007 on Australian radio stations, and was subsequently released as a single and digital download on 4 August 2007 in Australia, 3...
– iTunesITunesiTunes is a media player computer program, used for playing, downloading, and organizing digital music and video files on desktop computers. It can also manage contents on iPod, iPhone, iPod Touch and iPad....
only – Track 2