What exactly is consider copyright "infringement'?

G4Fantom

G4Fantom

Ghost Pilot
I'm only asking this because it's one of the biggest things that is keeping me from making the music that I want to make. I basically have this paranoia that whatever I make is going to sound similar to someone else's music, maybe even getting sued in the process. It's a silly thought, but I am the type of person to over think and over analyze these situations.

So to the question, what exactly is infringement? I know directly taking a piece of audio (aka sampling) is infringement unless cleared , and I also know that replaying someone else's work is just a derivative of the original master which is also infringement if not cleared.

For example, let's say I took the main melody from a song like Lil Wayne's "Lollipop" and added it to my song in a different key/octave, is that infringement off the bat? (Just an example, there's absolutely no part of this song that I want to use lmao)

It's a stupid question, I know. Just looking for some reassurance I guess.
 
the things that can infringe a copyright are similar melodic line similar lyrics, use a sample of any duration (even 50ms is considered too large a sample if the sample can be identified as coming from a specific recording)

the backing parts are not generally copyrightable as there are a limited number of chords available to use and a limited number of unique sequences of any grouping of chords, as well as a limited number of of ways in which to play them. Unique arpeggio ideas may breach copyright but only if you were to use them in the exact same way (chords and sequence and direction of notes) as the original - i.e. effectively sampling that part alone

an arrangement - the written out version of a recorded version of a song - can be copyrighted so avoid lifting ideas wholesale from ana existing track

however, there are several escapes on that as many teaching texts have written out typical parts for an instrument to play within a certain style , so a lot of the ideas are considered to be generic and uncopyrigthable as a result

consult your own lawyer if you think you may have issues as they are better briefed on the realities of the copyright statutes in your jurisdiction
 
Today everything is a possible infringement, so better stop making music! Google that williams/flick vs. ... thing.
 
williams/thicke vs the gaye family is a civil decision that should be overturned on appeal as the musicologists (people who know a lot about music from an analytical point of view) for the gaye family erred in fact by saying the backings were the same - there is no overt evidence to support that claim - anyone with half an ear can tell you that the two backings are not the same.

The court should not have allowed such a claim to be made either, as in all past cases involving copyright infringements the evidence used has been solely melodic/lyrical as in the main melodic line, the position of most courts has been that the accompaniment will be one of many variants subject to stylistic considerations (which cannot be copyright) which by and large are similar across many songs (otherwise there would not be a style to speak of in the first place)

these are my opinions but echo many similar opinions from opposite sides of the debate
 
Quit worrying about it, and have fun making exactly the music you want!
Everything is a possible infringement in this age of litigation, so just have fun, and be concerned when your move major units!
Never hurts to know what most likely can be a cause of litigation though.

We all have influences, and it will show in our music. The musicians should be happy to have influenced us, lol.
 
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