Copying drum patterns

D

DJ Curve

Guest
Is it a copyright infraction if you copy a drum pattern, just with your own drums? I know it is copyright infringment if you copy the same melody of a song using a different sound but does the same apply for drums?
 
Good question...lol

I'm not sure if it's infringement or not... but no one will take you to court and say "he took my drum pattern"... unless it's a very blatantly obvious and unique break...
 
I haven't heard of anyone getting sued for copying a drum pattern. But I'm sure it will become the next big way for producers going broke to get back on their feet. Give it 10 years.
 
See I was thinking that a lot of people have some of the simple drum patterns but what about more complex patterns like Aaliyas "1 in a million". When I first heard that joint I was like whoa!
 
man ive always wondered about that too because alotta rap songs i listen to have the similar drum patterns
 
From what I understand, drums are copyrightable just like every other part of the recording, but harder to prove infringement unless it's really unique. Like Grindin is mostly percussion and very distinct. But most drum patterns are not very distinct and easily recognized as an infringement.
 
It would be the copyright of the composition, not the recording. And if you are replaying the pattern on different drums, these would be considered different notes than the original.

plus they would have to prove that they were the first artist to use that pattern...even for unique drums it is unlikely.

bottom line is they don;t have a resonible chance of winning, so no one would bring suit.

Check this link on the suit brought against the Beastie Boys a way back.

http://www.polarity1.com/bla91802.html

From the expanations here, it is pretty clear that suing over a drum pattern would be almost impossible.
 
I actually spoke to an attorney about this matter several months ago. He plan and simply told me that drum patterns or drum tracks CAN NOT be considered a copywritten element. So if you did a drum beat, and your friend played the melodies; you cannot copyright the drum beat seperately.

Also, logically speaking, how many times have you heard the same drum pattern in so many different songs? If drums could be copywritten, half the industry would probably be outta business from people being sued all the time.

Anyway, that's the advice I got from an entertainment attorney. So if anybody doubts that I suggest yall talk it up with him. :)
 
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