A copy is a copy if it sounds like a copy!

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  • #29652 Reply
    Art Munson
    Keymaster

    Yikes, the dangers of getting too close to that fine line. I’ll bet there’s a clause in that writer’s contract that leaves him on the hook!

    “The New Zealand High Court recently found that the New Zealand National Party infringed copyright in the Eminem song ‘Lose Yourself’ as part of its 2014 election campaign.

    The National Party released a television advertisement which included a song called ‘Eminem Esque.’ Eminem Esque was written by Michael Cohen and consists of a musical track with no lyrics. Mr Cohen licensed the song to a music production company in the USA, who subsequently licensed the song to Beatbox Music. The National Party purchased a licence to use the track from the music library of Beatbox Music, believing it was fine to use for the advertisement.”

    More here…

    #29653 Reply
    Art Munson
    Keymaster

    Bump

    #29656 Reply
    maxpower
    Participant

    Who now actually pays the $600,000 damages?

    #29658 Reply
    MichaelL
    Participant

    That case has been around for a year or two. Copying other works or making something that sounds like another work is risky business.

    Who now actually pays the $600,000 damages?

    Every library contract that I’ve seen has an indemnification clause that makes the composer responsible for infringement.

    The reality is that most composers are what is called “judgment proof,” meaning that they don’t have significant assets from which the damages could be collected. That, however, may not leave them off the hook. Often, a lien will be entered against the judgment proof party that could follow them for the rest of their life, just in case they win the lottery, inherit money, or start to have success, and then they have to pay.

    Damages are only part of the problem. Win or lose you will face the cost of defending yourself if you are sued. Your defense costs could easily be six figures.

    Libraries are now turning away from knock-offs. Some won’t even let you mention a well-known work or well-known artist just in comparison.

    At the end of the day, is it worth taking that big a risk on the chance that you might make a few hundred dollars selling your knock-off? It’s a fool’s mission. Write your own music.

    #29659 Reply
    Kubed
    Participant

    Many companies need Soundalikes or “replacement” tracks and even encourage artists to do these.But at the same time,like MichaelL said,all the contracts clearly state that the composer is responsible for infringement.
    Personally i always found soundalikes completely unimaginative and dull.Combine it with a potential lawsuit and it’s a complete waste of time.
    If you can write your own music why bother copying someone else?

    #29663 Reply
    BEATSLINGER
    Participant

    If you can write your own music why bother copying someone else

    THERE IT IS!!

    There are not too many greater “Highs” than to be “Your OWN Artist, that has cultivated a unique style; and find that style embraced by the masses”.

    Imagine this, we take something that comes from no-where, put it into a tangible form; and then literally get paid for our thoughts & Ideas.

    Sure enough, we are a product of our musical/creative influences. But then to take those elements, and “create” something that is truly & uniquely our own?!

    You can’t put a price on that kind of joy!!

    #29666 Reply
    MichaelL
    Participant

    There are not too many greater “Highs” than to be “Your OWN Artist, that has cultivated a unique style…

    +1,000! Spot on, BEATSLINGER!

    #29668 Reply
    DDP
    Participant

    I would love to hear the two tracks side by side

    #29673 Reply
    MichaelL
    Participant
    #29689 Reply
    Michael Nickolas
    Participant

    I’m against that verdict. I was taught that melody and lyrics were what constituted a copyright. And that is how the courts always decided, wasn’t it? So now copyrights can be judged based on a feel? Or a groove? Nobody can be influenced by the artists that came before them anymore?

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