Entertainment For Lively Minds
Can you copyright words and melody but not rhythm?
Posted by PaddyH on 18 March 2010 - 1:35pm.
A friend writes:
'I was reading an article in the Evening Standard yesterday about Eddy Grant getting annoyed about Gorillaz possibly nicking the melody of one of his songs: http://godwin.thisislondon.co.uk/2010/03/did-damon-ape-eddy.htm.
What interested me was what he was saying about ‘Copyright law, it has been observed, was written with white musicians in mind. You are not allowed to copy someone else’s lyrics or melody, but rhythms and basslines are fair game.
Could any of the massive help him out?
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Our learned friends
If there are any music industry legal types out there, your tips would be greatly appreciated.
Otherwise...
Bo Diddley would have died considerably wealthier.
Ditto James Brown
but who 'owns' the beat? JB, "The Funky Drummer" in question or nobody?
Depends on how blatant it is
I think I'm right in saying that The Clash managed to get 50% of Beats International's "Dub Be Good To Me" publishing because it had lifted the bassline from "Guns Of Brixton." However, that's a very distinctive and melodic bassline, and most rhythm tracks are very generic, so the answer to your pal's question will probably end up being "horses for courses."
PS the original writers of the SOS Band's "Just Be Good To Me" were already down for an 80% cut of the track, so for each copy of "Dub" sold, there was a total 130% royalty to pay out!
This one has always baffled me:
John Denver got an undisclosed sum and a co-writing credit for New Order's 'Run' on account of its apparent likeness to 'Leaving on a Jet Plane'.
Any Musicologists out there care to explain why? I'm damned if I can tell what the supposed copyright breach is here:
Try this version:
Run²
Choooon!
Still dunno why John Denver thought he'd written it!
I seem to recall this subject coming up in court.
I could be wrong here (and google is not helping me), but I was told that Neil Peart from Rush once tried to sue someone for sampling one of his drum lines and lost the case. The fact that I am failing to confirm this online suggests that I'm wrong though. If any of the massive can help?
Copyright
In terms of publishing a song sheet is bascially the melody, chords and lyrics, at least in the golden age it was. However sound recordings themselves are copyright therefore you cannot sample them without permission. I am guessing that many songs these days are not published in sheet music form at all therefore exactly what publishing amounts to might be open to interpretation. It surely keeps the lawyers busy.
Substantial effort to create
I'm not a lawyer; my only qualfications for this are an HNC and undergraduate degree that covered some elements of music law.
The main thing is that the rules are different between sampling where it concerns stealing from an audio recording, and a performance of a work that is in some way similar to an already published work.
Sampling is relatively straightforward because if you are using an audio recording without permission then you have broken the law and you'd have to rely on nobody noticing. All that a plaintiff would have to do in court is prove that the recording match up, or can be matched up after some processing.
In cases where the piece of music has been performed by other musicians (even if it's just bass-line or rhythm track) then the person suing would have to prove that it took some effort or expertise on their part to create in the first place. That is where all nonsense that people sometimes come up with about less than 8 bars of music being allowed probably comes from (less than 8 bars would still get you into trouble if it was, say, the bass-line from "Good Times" or "Another One Bites the Dust").
That makes having copyright of a drum pattern or repeating bass sequence quite difficult, but it probably helps if the bass or drums is completely integral (in the view of a court) to the piece as a whole. If it's a melody or a lyric that have been "borrowed" then things are generally much more obvious to the court.
Of course none of that would seem to explain how the Rolling Stones managed to get all the money from "Bitter Sweet Symphony," so I'm clearly missing something.
Rolling Stones vs. "Bitter Sweet Symphony"
The distinctive string refrain in "BSS" is a lift from The Andrew Loog Oldham Orchestra's cover of The Stones' "The Last Time."
Even though the original tune is unrecognisable from the sample (it's only just about discernable in the full ALOO track if you ask me), Allen Klein's people argued that the sample was a substantive part of the composition and demanded the punitive measure of 100% publishing and full writing credit to Jagger & Richards, which they got.
Fans of irony will note that "The Last Time" itself bears a remarkable resemblance to the earlier gospel song "This May Be The Last Time"...
The one I could never hear
was the supposed resemblance between Whigfield's Saturday Night and Linisfarne's Fog On The Tyne.
Blimey
Well I suppose the melody as they sing "Fog-On-The-Tyne-is..." is the same sequence of notes and melody sung as "Sat-ur-day-night-and..". Basically three notes sung in the same pattern. So do Lindisfarne get royalties from that one then?!
I believe
the estate of Alan Hull did get royalties, courtesy of m'learned friends.
Thanks folks
Cheers one and all - especially Andrew and the good doctor
Black people didn't invent..
..rhythm or bass lines, last time I looked.