"One Minute of Silence" music video

Mike Batt is a British classical composer who put together a group called "The Planets" in 2001. Their first album was called Classical Graffiti. In it Batt included a track with one full minute of silence. He said it was a tongue-in-cheek dig at a John Cage piece called 4 minutes 33 seconds
which was similarly a track of total silence, abet somewhat longer.

Batt, credited himself as well as Cage with writing the piece. There would be precious few other ways to identify who the dig was directed at. Unfortunately Batt soon found himself on the receiving end of a lawsuit with the estate of John Cage, who had died several years previously. In the trusties view "We do feel that the concept of a silent piece - particularly as it was credited by Mr Batt as being co-written by 'Cage' - is a valuable artistic concept in which there is a copyright."

Batt did eventually come to an out-of-court resolution over this but it did end up costing him a ridiculous undisclosed 6 figure amount.

How can the trust proclaim empty space 'co-written' by the two composers to be a copyrightable creation. while empty air which is uncredited is not?  When copyright is suppose to protect creative works fixed in a medium of some description and that medium is empty air, can you really claim copyright over it at all? Apparently you can.

Butt did jest about this incident, by both questioning exactly what part of 4'33'' was copied and by offering to prove that his version was actually quite different by performing the two together.

In that same spirit, I have produced my first music video which I have also titled One Minute of Silence. Cage's benefactors , and Mike Batt for that matter, may consider it a derived work. I'll concur if they can both hum a few bars to prove it.