smoe.org mailing lists
ivan@stellysee.de
From | Ryan Williams <ryan@headphonetreats.com> |
Subject | Re: No need to register copyrights. |
Date | Tue, 9 Sep 2003 10:57:17 -0400 |
[Part 1 text/plain US-ASCII (1.5 kilobytes)]
(View Text in a separate window)
> You are bound to hear similar sounding songs to your own if you write
> enough
> and listen to enough recorded music, but like I said...the chances of
> someone ripping you off on pupose are tiny at best, the stuff of hoary
> movies and Columbo scripts...
It's not about whether or not it was intentional, it's about whether or
not it infringes. Copyright lawsuits have nothing to do with intent.
> He's So Fine/My Sweet Lord: A rare instance of an Artist not realizing
> he'd
> heard the tune before...how embarrassed do you think George was about
> that?
I think it happens much more often than you might imagine. Off the top
of my head, I can think of two recent examples for which no claims have
been made against. 1) Pavement. "Gold Sounds" 1st track on Crooked Rain
Crooked Rain. Compare it to Buddy Holly's "Everyday". 2) Polyphonic
Spree. Track 1. Compare to the pre-chorus bridge of Elton John's
"Someone Saved My Life Tonight".
And to bring the Beatles up again, listen to "Sun King" from Abbey Road
as compared to Fleetwood Mac's "Albatross".
As I said, nobody cared to make an issue of any of these songs, but the
argument could be made for each. Melodies seep into the subconscious of
writers. Typically, you can catch yourself and realize you are doing
something too similar to an existing work. Occasionally though, you
don't catch it. It doesn't make you a thief morally, but it can still be
legal infringement.
Ryan
For assistance, please contact
the smoe.org administrators.