Redfeather
Joined: Jul 30, 2016
Posts: 883
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Posted on Jan 20 2017 09:17 PM
I'm just curious about how this issue works. I came up with this song that's a lot like an existing song and wondering how it would be handled if I were to attempt to publish it (not that this is likely any time soon.) Is there some entity to which you bring a piece and ask for judgment? Or do you just pay for the rights to the song even if it might not be technically necessary? How much difference does there need to be to qualify as original? Is it guache to publish something as original that's just barely different enough to be legally considered so?
An example comes to mind. The song "Failsafe" as recorded by the New Dimensions and then the Original Surfaris. I wouldn't have thought this is the same song, as they seem pretty significantly different, but apparently not different enough?
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Redfeather
Joined: Jul 30, 2016
Posts: 883
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Posted on Jan 20 2017 09:20 PM
Actually, now that I listen to them back to back, it's more obvious..
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JakeDobner
Joined: Feb 26, 2006
Posts: 12159
Seattle
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Posted on Jan 20 2017 09:28 PM
Those two songs have the same drippy rhythm guitar, same chords, similar piano and same melody.
You can ask a music copyright lawyer for their opinion, but you can still get sued despite their opinion. If you think you are copying a song, probably a good idea to credit.
Is it guache to publish something as original that's just barely different enough to be legally considered so?
Yes, but more importantly there is nothing new about it.
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psychonaut
Joined: Dec 08, 2007
Posts: 1303
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Posted on Jan 21 2017 05:29 AM
The only thing that is copyright protected are specific melodies. You can't copyright song titles, chord progressions or grooves, or arrangements. those are all fair game. Think of how many songs have the "You Can't Hurry Love" bassline. Although The "Blurred Lines" lawsuit of a couple of years ago blurred those lines (no pun intended)as that song only really stole the groove of the Marvin Gaye song, yet they still had to pay, it seems it was a little too similar.
If you think it's too similar, then change it till its not, or take the risk, Led Zeppelin made a whole career out of that!
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Last edited: Jan 21, 2017 05:34:02
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DannySnyder
Joined: Mar 02, 2006
Posts: 11053
Berkeley, CA
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Posted on Jan 21 2017 09:12 AM
I used to worry about this sort of thing and over the years realized that with the lack of a broad audience and for financial reward, there's no impetus for anyone to have a legal issue with you. Unless you name your song "Mc" something or related to Disney, because they'll go after anybody  Seriously, there's only so many chords and notes that work with them. Have fun and keep writing. Not every song is going to be a masterpiece but if you keep at it you'll eventually knock out one or two.
— Danny Snyder
"With great reverb comes great responsibility" - Uncle Leo
Playing keys and guitar with Combo Tezeta
Formerly a guitarist in The TomorrowMen and Meshugga Beach Party
Latest surf project - Now That's What I Call SURF
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Clarry
Joined: Oct 01, 2014
Posts: 519
Streatham, London
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Posted on Jan 21 2017 10:03 AM
Bang goes my next song then "McDisney Finger Lickin Cola"
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Clarry
Joined: Oct 01, 2014
Posts: 519
Streatham, London
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Posted on Jan 29 2017 03:38 PM
Applejack.
Liverpool.
Compare these. The Vulcanes and Jet Harris/Tony Meehan...both record labels show different names. The melody is identical!
Both lovely renditions though. And both great bands.
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