The clearing itself was surrounded by dense temperate rainforest, mountain ash dominated while many cool-climate tree ferns were scattered around the understory. Sunlight speared the ground where leaves permitted it entry. There were two logs prepared for the parties who were contesting a case, and ahead of them an elevated perch for the judge and a slightly lower one for a parrot scribe. Mercutio gazed around for a minute then took a seat. There was a tree at the front, a grandiose buttressed fig where three African Grey parrots perched, ready to act as scribes. Many stacks of perches were strung in the surrounding trees, amidst rocks, even as logs spaced out upon the ground. It surprised him to think that the birds could move such heavy pieces of wood.
A harsh cawing struck up behind him as he sat. Magpies were flocking to the trees in their hundreds. Already one overloaded branch had dumped its inhabitants with an undignified chorus of squawks. Tenax Culus approached the opposing log followed by two vultures, who Mercutio presumed were lawyers. They did not share Ms Corvidis' taste for head garb. More babble broke out as the newly arrived group spotted Mercutio and all tried to both look at him and describe them to their peers.
From behind the foretree of the court, a rather dignified lyrebird stalked, plumage swaying slightly with each step. The head lifted and it proceeded to deafen most of the surrounding creatures with a rendition of fanfare before announcing the judge.
"All be silent for the right honourable Sir Richard Harvey."
Every feather went still and Mercutio, having decided that standing was a bad idea in a space he already dominated by a foot when hunched, gaped as the old owl settled on a protruding branch at the front. He rearranged himself until comfortable and nodded to each lawyer in turn.
"He greets us because he always acknowledges our commitment to the cause. All vultures are migrants you see. We come here to practice law as none are native to Australia," Ms Corvidis whispered.
The sight of such dignified politeness was too much for the drunken human. Mercutio found himself sniggering. A shocked silence greeted his amusement which did nothing but add to the hilarity for him. At last Tenax's council ruffled his feathers and coughed pointedly at Judge Harvey.
"That is quite enough, Mr Mercutio. My court is not a circus!"
"No," he retorted, "it's an aviary. Oh I'm sorry, that was a rather poultry joke. Don't let me ruffle any feathers, please. I'm afraid my senses have rather left the coop."
"If you continue to mock this institution I wi-..."
"Do, what? Throw me back in the nest? Crack my shell a little?"
"Mister Mercutio. In our books of lore we have some very old and quite unpleasant punishments. It is well within my power to sentence you to them for contempt of court. Unlike your hero Prometheus, of Grecian origin, I believe, your liver will not regrow over night. Now be silent!"
Mercutio was about to make another wisecrack when a feathered gag reeking of carrion stifled him. Ms Corvidis even managed to sound amused as she whispered into his ear.
"Best control yourself. Such displays do not assist our endeavour. Perhaps your human 'alcohol' ingestion was a misplaced attempt at comfort."
"Your honour, please forgive my client. Like many of his species, a comprehension of any kind other than his own is difficult. I believe he is also feeling particularly threatened by current circumstances. My studies of the hominidae, as they call themselves, have revealed a curious trait by which individuals may respond to pressure or discomfort with humour. Please, your honour, this is the manifestation of insecurities," Ms Corvidis explained, shuffling back and forth along the log and bobbing her ridiculous wig.
The wing had not moved and Mercutio was beginning to choke on the smell. He had never had such a scent shoved right into his face and its strength was enough to make the man queasy. He liked, even respected Ms Corvidis but standing downwind was not a favourite.
A lot of the birds had ceased their idle chatter to observe the melodrama. Judge Harvey had fluffed up his feathers and contrived to look ferociously down at Mercutio. He recalled something from school about owls living for a little over a decade. This one looked like it had missed the decade turn-off and accelerated down the highway of age instead.
"I will have silence! Plaintiff, you may open."
Tenax was overjoyed. He had not even considered that Mercutio's obnoxious personality would prove to be his greatest asset in the first part of the trial. One of the vultures took a glance at the recorder and cleared his throat.
"Your honour, my client represents a significant number of independent birdsong artists and labels. Avis Group has been paramount in ensuring intellectual property for five years. The defendant is accused of using songs from some species my client represents without license. These songs were used to compose what is known as a concerto. The piece in question is titled 'Concerto of the Gum Leaf in C# Major.' For his illegitimate composition the defendant received money, social status and, we believe, access to mating opportunities.
"The theft of song is an atrocious crime. It has the potential to interrupt natural selective processes and endanger lives if used incorrectly. We humbly request, your honour, that the court strips all profits from the defendant in favour of my client and imposes upon the defendant the fullest punishment possible."
A good deal of nodding from around the court met his words. Judge Harvey's nodding appeared to be because he was falling asleep propped up against the tree. Loud coughing from Ms Corvidis awoke him to motion the defence forward.
"Your honour, denizens of this ecological system. Creatures of wing. Can you expect a homo sapiens, a hominidae, a human to comprehend the impact that particular melodies can have? My client found birdsong to be inspiration for further composition; for a loving homage to the musical genius of the avian race. He did not attempt to encroach upon breeding opportunities, merely to celebrate the capacity of those species to render musical compositions beyond that of his own. It is almost worshipful, the manner in which my client noted his influence for while his peers may not acknowledge the inspiration as use of another's creative work, they can appreciate the beauty inherent in it," she stated, hopping back and forth before the judge. The loathing she could feel in Tenax's gaze was only fuel for her performance. She settled back down and treated the diminutive currawong to a wing-shrug of disdain.
The first witness called forth was one of the crows who had initially found Mercutio's work on a captive radio. Tenax was amused to see the judge warm to the near-pompous academic nature on show. The crow spent his time on the Perch relating wild tales of his investigations. More than once Judge Harvey grudgingly requested he return to describing his analysis of Mercutio's concerto. When evidence came to be delivered the only things that the plaintiff had submitted were a poor recording of the concerto and a live performance of the birdsong Mercutio was alleged to have abused. Many of the audience listened with rapt attention to the performance. There was even a smattering of the beak-click applause afterwards. Mercutio felt a chill.
Strings of witnesses offered uncomfortable accuracies about his character. He cursed that the bird court held such an emphasis on empathy that they could portray him as a bad person and let him hang. Ms Corvidis was doing her best at cross-examination but her question style confused many witnesses before they were able to answer the question. Mercutio found it agonising. Tenax, however, found it delightful. Judge Harvey, outright entertaining. He had always had a soft spot for her language.
When the long parade of birds was over, Ms Corvidis summoned Mercutio to the stand to make his case.
It was terrifying. Worse than being on stage at the conservatorium. There at least the eyes watching him were of his own species. Such attention paid by birds of all creatures felt like a short road to psychological trauma.
"Mr Mercutio. Is it true that on the 8th of August you went out, in a fit of musical frustration, and listened to some birdsong?"
"Yes."
"And is it true that this inspired you?"
"Yes."
"How?"
The sudden conflict in his head reached a razor point. The knowledge that he was about to defame his artistic integrity stung like a whiplash.
"I loved the... sounds they made. The music, they made. It was so beautiful," he managed. Each word was uncomfortable. "I have such admiration for the creativity of birds that this lead me to write a piece which was, in its own way, an attempt at homage. Yes, it has brought me benefits of money and some degree of success, but I did not do it for such things, despite what was supposedly observed."
His confidence began to return. Liquid courage, it was called, burned within him as he swayed a little in his drunken state. Bloodshot eyes turned and he stabbed an accusatory finger in Tenax direction.
"This one. This one's got no artistic merit. Sure he claims to be storing these songs for the good of the species but he just wants the power, people! He just wants the ability to lord over all birdkind that he can limit what you sing. It's atrocious!"
A sudden hush fell over the courtroom. In his sudden righteous anger Mercutio stood up from the branch he had been leaning on.
"Atrocious! Yes!" he yelled. "I believe that all artists, be they bird or human should be free to sing what they bloody well like! That includes my concerto."
Staggering over to the perch were Judge Harvey was watching his performance with a cynical eye, he leaned on the tree and lifted a finger as though to admonish the dignified owl.
"You should tell these corporations that they can't limit the free voice of birds, y'know? It's not fair to tell a bird they can't sing just 'cause someone else once sold the songs for a bit of tail. Hell, if you want, I'll let anyone sing my music. Just let me keep the music I made."
A sudden nudge from Harvey's talon put Mercutio back onto his behind in the leaf matter. The owl shook his head a little and glared down at the courtroom.
"In his unusual state, this defendant has brought me to a possible remedy for the troubles of such a matter. I in truth am tired of seeing people like you, Mr Culus, in courts like mine every other season. It's disgraceful! It's not bird-like to expect such restrictions. I doubt this Mercutio will quite appreciate my decision once he is sober but none the less he will come to acknowledge it. This court will not endorse his punishment, but in return, this and any future music which Mr Mercutio produces will be available for use by any bird, so long as they ensure their audience is aware of its origin. As for Avis Group, you will perform the role of an archive, not of an organisation in the business of controlling information."
A ripple of surprise washed through the clearing. Even rather more than tipsy, Mercutio could feel the shift of empathy. The lyrebird who had announced the proceedings stalked once more from his hollow and sang a truly ideal version of the dominant motif in Mercutio's concerto as a way of closing the courtroom for a day.
Soon after, an uproar occurred as disgruntled magpies decided that then would be the best time to mob Mr Tenax Culus. The currawong barely made it into the air amidst the unhappy beaks.
For Ms Corvidis the shock was resounding. She wavered atop her log until the drunk Mercutio almost knocked her from it. A shake of her head, and the straw wig tumbled into the dust.
"Mercutio, it has certainly been a educative experience. Do permit me leave to discuss the finer points of this fundamentally maverick decision with the presiding judge. The finer points of law do not concur with it," she clacked over the roar of beating wings and several dozen pairs of avian vocal cords. "I do not doubt your eagerness to return to your former situation. Should you pen a truly striking piece I shall be sure to accommodate a recommendation being spread amongst my peers."
As ungainly as ever, the drab, oversized bird shuffled her way through the feathered mass to stoop and speak to Judge Harvey, leaving Mercutio staring off into the forest. A hint of inspiration trickled its way into his head as yet more birds flocked to the scene. They all had such very different songs. All had such excellent potential.
Mercutio smiled. There was another concerto in him yet.
Fin.
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