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lyrics &copyright
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diletto
41 posts
Mar 16, 2011
10:58 AM
Hi folks...do I violate any copyright when I use quite well-known common familiar lyrix-lines in my own songs? stuff like "when I woke up I found my baby was gone"..."the blues is everywhere"..."I got the blues all over me"...that sort of thing, y´know what I mean?
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oldwailer
1574 posts
Mar 16, 2011
11:02 AM
Yeah--you should always send me a dollar every time you do that ;)
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oda
436 posts
Mar 16, 2011
11:25 AM
Of course not, diletto. Unless you sing "you're fired" then youd have to send Donald trump a royalty; I believe it's a misdemeanor in some states NOT to

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rbeetsme
398 posts
Mar 16, 2011
1:06 PM
"Woke up, fell out of bed, dragged a comb across my head. Found my way downstairs and drank a cup, looking up, I noticed I was late, then 6 lawyers from ASCAP drug me to court!"
Aussiesucker
797 posts
Mar 16, 2011
1:20 PM
I have noticed that some videos I have posted on Youtube are tagged 'matched 3rd party content- view copyright info'. A recent video I did of Danny Boy had this tag saying that it may include content that is owned by a composer or a music publishing company. They say do nothing but such videos when played may contain ads.
lumpy wafflesquirt
331 posts
Mar 16, 2011
3:19 PM
@oda - donald trump?? Alan Sugar surely
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nacoran
3896 posts
Mar 16, 2011
3:31 PM
I'd read the Wikipedia entry on sampling. It's not quite the same, but the same precedents might apply.

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It's a complicated subject. Oda, I think actually Trump doesn't own 'You're fired.' I seem to remember something about someone else already used it and trademarked it.

Two arguments seem to be at issue. One is fair use. If you are parodying you have a lot of leeway. The second involves whether you are really copying or just making something new. The line is kind of fuzzy.

'Woke up, fell out of bed' is that the Beatles or just something you said...

'Woke up, fell out of bed, dragged a comb across my head' well, that's the Beatles.

'Woke up, fell out of bed, dragged a comb across my head. Found my way downstairs and drank a cup, looking up, I noticed I was late, then 6 lawyers from ASCAP drug me to court!' Well, that's parody when rbeetsme says it, but when I copy it I'm infringing on his copyright, except I'm using it as fair use to explain a point.

My band has a song where we use a lot of allusion to other songs. We use the line 'she's cold blooded, check it and see' alluding to Foreigner's line, but parodying it and substantially changing the substance. We are probably okay under parody, and because we changed it enough that it is not competing with the original work or detracting from that copyright. (Though I'd still run it past a copyright lawyer if we ever decided to make a commercial release.) One version we had also plays a couple second riff from Nirvana after the line 'everything dies' in an oddball reference to Kurt Cobain's suicide.

So the answer is, it depends, is the song still under copyright (or released under Creative Commons), is it parody and/or does it substantially depart from the original?



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