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RWD
`Olu`olu
USA
850 Posts |
 Posted - 12/19/2011 : 11:07:42 AM
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If you make an insturmental song where the begining of melody is nearly identical to another song but the bridge is different and the chorus is different, what should you say about the authorship of the song? Is it an original, is it an original based on another song, or is it an arrangement of the other song?
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Retro
Ahonui
USA
2368 Posts |
Posted - 12/19/2011 : 11:29:40 AM
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| If your new song shares some of its identity with another, be straightforward in the description; say something like "composed by Bob Mememe, with verse melody based upon "FaLa Mele" by Eddie DaGreat." |
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Russell Letson
`Olu`olu
USA
504 Posts |
Posted - 12/20/2011 : 08:41:22 AM
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I believe the famous George Harrison/My Sweet Lord case established a kind of quantitative rule for how much of the melody of one work can overlap another. Whatever that number of notes might be, if the A section (which usually means 8 bars) is *identical*, you're copying, no matter how different subsequent sections are. And if someone owns the rights to the copied tune segment, that's an infringement and they are entitled to come after you. If you're serious about performing or recording or publishing such a construction, you need permission from the copyright holder--and there's no guarantee that it will be forthcoming. (Writers of parody songs based on existing melodies have found this out the hard way.)
On reflection/edit: If you're *recording* such a construction, and the borrowed section is substantial enough, it might be possible to present it as a medley and credit the original composer for his section. The mandatory-license part of copyright law should cover the, um, cover, though you would be expected to pay for the use of the material. I think that publishing such a combined work, however, would require full permission from the rights-holder. But this is one of those odd corners of copyright law that is worth checking out with a professional.
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Edited by - Russell Letson on 12/20/2011 08:49:12 AM |
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Authorship question
