Question regarding the law

[Step]

If you use 8 bars of a melody from another song, and plan to make money out of it, is it against the law?

I'm asking this so an anonymous friend of mine can finally believe me that doing stuff like this gets you to court.

[Khuskan]

Yes, that would be a breach of intellectual copyright.

[InvisibleObserver]

It would likely upset people. If the work being created is a medley, sample collage, stated as a remix, or perhaps a piece of hiphop (not that hiphop is the devil, but 'obvious' sampling does occur often in it) that is crediting a melody, and the creator is well aware and acknowledging the material used, the lines get blurry.

However what you said, doesn't really sound like anything in the list there is the case.

[Step]

Thanks guys. This is a song, not a remix, which has eight bars using the exact same notes from the first 2 bars of the main melody (played by the guitar plucking) in the song 'Rise Up' and then the rest of the song is completely different, so I suppose it would be against the rules to use its melody, right?

[InvisibleObserver]

At 1/6/10 12:04 PM, Supersteph54 wrote: so I suppose it would be against the rules to use its melody, right?

Sounds questionable, so it likely is.

Is this specific to this website, or just in general?

[Step]

At 1/6/10 12:06 PM, InvisibleObserver wrote:

At 1/6/10 12:04 PM, Supersteph54 wrote: so I suppose it would be against the rules to use its melody, right?

Sounds questionable, so it likely is.

Is this specific to this website, or just in general?

It will be in an album which will be sold in sites other than NG, so I suppose it isn't specific to this website.

[InvisibleObserver]

While my verdict isn't the end all, if he/she accidentally rewrote up that melody, then I don't see a problem, but if it was basically recreated to be like the "Rise Up" melody, thats a little iffy.

If I hypothetically was you, and being you was hypothetically concerned for this individuals music's authenticity I would suggest that in the songs comments or something acknowledgment is given to the melodies original writer, maybe a little comment too in a public place where it is being sold.

[Kirbyfemur]

It all depends, did you hear the melody and say, "Hey I want to tab it out and put off as my own." Or did you some how make it and it sounded the same, or did you find the midi of it and just try to incorporate it?

In all honesty, you could have used the same guitar riff in the 80's Metal age, and yet somehow people though it was original. You just have to know how to not make it exactly the same. Things like changing around a few notes, different note values. Make it similar, but not a straight copy. Make it your own, even if it's just a melody inspired by another. The only problem i'd have is if you straight up copied the melody and just threw it into your song lol

[Step]

At 1/6/10 12:18 PM, Kirbyfemur wrote: It all depends, did you hear the melody and say, "Hey I want to tab it out and put off as my own." Or did you some how make it and it sounded the same, or did you find the midi of it and just try to incorporate it?

To be honest, what this all is is a collab song that my friend and I are doing (we're planning on putting it in an album and making money out of it). He invented a 4-bar melody for the first half of this song, and I thought it was a great melody. Then, I found out that the first 2 bars of this melody he invented was the exact same melody as the first 2 bars of the melody in the song 'Rise Up' and since this melody was repeated 4 times throughout our song, in all it made 8 bars stolen from Rise Up. I'm trying to tell him to change it, but he's convinced that it wouldn't make any difference and doesn't want to change it.

I'm asking this because I'm worried, since I've heard about songs which use even 1 bar of a melody from another song and the makers of those songs got sent to court...

[Khuskan]

If submitted to NG, it would (probably) be approved under the terms of fair use, as long as provide ample credit to the remix subject. However, the original publisher could turn around and call copyright on it, but this is unlikely as NG work is strictly non-profit.

[Step]

At 1/6/10 12:54 PM, Khuskan wrote: If submitted to NG, it would (probably) be approved under the terms of fair use, as long as provide ample credit to the remix subject. However, the original publisher could turn around and call copyright on it, but this is unlikely as NG work is strictly non-profit.

Yeah, well this isn't a remix, won't be uploaded to NG and we will try to make profit out of it :\. My friend thinks that just 2 bars won't change anything, even if those 2 bars were repeated 4 times throughout the song, but I don't think that's the case, since it's still half the melody of Rise Up.

[InGenius]

Technically, that is an "interpolation" of the original tune by a different musician, which is covered under fair use for non-profit/promotional only. But selling a track with an interpolation can be a trouble spot as interpolations are considered a form of sampling and as such can lead to litigation if the original artist (or their label, lawyers, or publishing house even) decide your track is detracting from their ability to make a profit. So, the short answer is: it's ok to do it for yourself, but the law says it's not ok if you make money from it and get sued. It's a greyer area, though, than downright sampling the original, but still has been covered in the last 15 years of copyright law.

[Death2Whity]

At 1/6/10 11:48 AM, Supersteph54 wrote: If you use 8 bars of a melody from another song, and plan to make money out of it, is it against the law?

I'm asking this so an anonymous friend of mine can finally believe me that doing stuff like this gets you to court.

Depends. IF he is using a sample from an original sound recording that is an infringement. However, If he is re-record a chord progression without borrowing lyrics or melody he is probably fine.

[Klasmus]

Simple: 5 seconds or more of a sample = Copy infringement/Illegal.

You must obtain copyright license from the original producer or engineer who produced/mastered the track.

[ironblood66614]

THIS MIGHT BE LONG BUT IT WILL HELP YOU DECIDE ON WHAT TO DO (my experience include taking 2 years of band production and band management.... 4 years of recording arts.... 2 years of Legal in regard to music and band )

The simple answer is if you think it is "IT IS". I recently talked to EMI a major record label about possible sampling a few tracks that they had... They told me that anything i used would be charged $285.00 per needle drop (if i cut the track and used a new section it would be another charge 4 samples equals $1,140.00 WTF!!11!!)

I then asked about Copyright Infringement the rep responded with "if the song has a recognizable portion in it, to where someone can say that sounds like or is that so-and-so... it is considered an infringement upon copyrights and will be settled in a court and a fine will be imposed "

The fines for Copyright infringment where there have been MONETARY GAINS is more serious.

What happens is that the artist can sit back after hearing your song for a year or 2 and then bring up a copyright suit. What happens in this instance is that you are forced to pay an infringement fee thats decided in court. Then you are forced to pay royalties to the ARTIST or COPYRIGHT holder for infringing. YOU MUST PAY ROYALTIES FROM THE DATE OF RELEASE TO THE CURRENT DATE.

ITS NOT WORTH ALL THIS POSSIBLE GREIF YOU NEED TO CHANGE IT UP A BIT