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welchy3 welchy3 is offline
242 posts, Registered User
 
 
i know that guys like dr dre and neptunes interpolate alot to make their songs. anybody know how much you can acutally take from a melody to not be consiered copy right or stealing?
02-27-2008
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epotts06 epotts06 is offline
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none of it!!!u still gotta give credit and get clearence
02-27-2008
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Big Bad Booty Daddy Big Bad Booty Daddy is offline
202 posts, Registered User
 
 
yeah, dre has gotten busted before and sued. He had to give some bass player a **** load of money (close to a mil) cuz he sampled a bassline from a song.
02-28-2008
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chilla2 chilla2 is offline
3,597 posts, Registered User
 
 
just blaze changed like 1 note on "the champ" and there aren't any credits in the album book
02-28-2008
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deRaNged 4 Phuk'dup's Avatar
deRaNged 4 Phuk'dup deRaNged 4 Phuk'dup is online now
12,805 posts, Moderator
 
 
^^^I'd hope they paid for that even though it wasn't listed, lol. If not, I have no clue how that was overlooked.

This is a good thread for the keyboardists of FP who run around saying "they don't sample cause you gotta pay". Plentle of samples on albums are never cleared and people never get busted, same time, people have created beats from scratch without realizing the lead melody was part of a cartoon or show they watched as kids that they unintentionally "interpolated" and end up dishing out the same vas they would've if they sampled, lol.

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02-28-2008
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welchy3 welchy3 is offline
242 posts, Registered User
 
 
what about using like the same types of instuments and same chords but diff progression and stuff...it would sound familiar but i doubt anybody could put a finger on the song used
02-28-2008
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galacticboy galacticboy is offline
1,376 posts, Registered Loser
 
 
Sorry to say, but there are no hard and fast answers to this question.

Basically you have two things going on when figuring out whether using an interpolated melody/tune without permission is copyright infringement:

First, it has to be proven that there is "substantial similarity" to the original and that you had access to the original. Access usually isn't a question unless the original song was never released, or if it's so rare that it's possible you've never heard it before and just happened to make a similar melody completely on your own. "Substantial similarity" is whether your average Joe could listen to both tunes side by side and recognize that one was taken from the other.

If those two are proven, then the question becomes whether the use of the melody is allowed by Fair Use. That is determined by looking at four factors:
1. the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
2. the nature of the copyrighted work;
3. the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
4. the effect of the use upon the potential market for or value of the copyrighted work.

Obviously these can be interpreted in widely different ways. However, if you are selling your tracks, the third factor is typically the most important. There is no "magic number" of notes you can use from a melody before it is infringement. For example, if you replayed the theme from "Close Encounters of the Third Kind", you'd only be playing five notes, but those notes are substantially the entire piece.

Finally, there's also the question of whether the melody in question is sufficiently original to warrant protection. For example, you could make a song that follows the chord progression of Pachabel's Canon (as tons of artists have done), but you couldn't then sue someone for using the same progression later since it's so common in music.

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02-29-2008
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Big Bad Booty Daddy Big Bad Booty Daddy is offline
202 posts, Registered User
 
 
Quote:
Originally Posted by welchy3
what about using like the same types of instuments and same chords but diff progression and stuff...it would sound familiar but i doubt anybody could put a finger on the song used
well that is different, hell you can use the same progression but just change the melody and you got it legally different. Or just change the key. most pop/rock songs use the same progression (over 80%) 145, just minor changes in key and melody.
02-29-2008
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