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Here it is and it's great: http://www.bbc.com/news/entertainment-arts-43056814The judge said the words "Lacked the modicum of originality and creativity". Gotta love it. Bob
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Very appropriate result.
Some people do draw a very long bow...
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Fox said the judge should have found an expert to rule on the originality of the lyrics, rather than interpreting them himself. So they're going to contest the ruling on the basis that only "an expert in the music industry" is capable of determining if lyrics are banal. 
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So if I write a song with lyrics of "Baby, baby, baby. Oh, baby, baby, baby" I can't sue if someone else writes a song with those lyrics?
Oh, wait - someone else already wrote that.
BIAB 2025 Win Audiophile. Software: Studio One 7 Pro, Swam horns, Acoustica-7, Notion 6, Song Master Pro, Win 11 Home. Hardware: Intel i9, 32 Gb; Roland Integra-7, Presonus 192 & Faderport 8, Royer 121, Adam Sub8 & Neumann 120 monitors.
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The copyright law is supposed to protect the profits of the author.
How is the Swift song going to hurt the sales of the original?
I felt the same way with the "Stairway To Heaven" and "Blurred Lines". I think the judge erred in Blurred Lines and I think we are too eager to sue for things that should be left alone.
A small, short quote from another song has a history long steeped in Classical, Folk, Jazz and even Pop music. I see it more as homage than theft.
But I'm not a judge.
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I wasn't even aware that this was going on. Crazy! I have to agree that it's a bit far-fetched to sue over that. People use snippits and lyrics within 10 seconds ( I think is the rule before you can call copyright, so long as you give proper credit) of other songs, especially in pop.
Last edited by Ember - PG Music; 02/15/18 05:00 AM.
Cheers,
Ember
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eddie1261
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So if I write a song with lyrics of "Baby, baby, baby. Oh, baby, baby, baby" I can't sue if someone else writes a song with those lyrics?
Oh, wait - someone else already wrote that.
Salt'n'Peppa are in their lawyers office right now!!!
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eddie1261
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So she and that judge are never ever ever ever ever ever ever ever ever getting back together?
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...... People use snippits and lyrics within 10 seconds ( I think is the rule before you can call copyright, so long as you give proper credit) of other songs, especially in pop. not exactly. There is no specific time allowed where you can copy someone else's work and call it legit. There isn't for the most part a "fair use" clause that applies outside of a very narrow exception for religious and educational use. All other uses.... even use with no profit intended, requires the user to obtain a license at their expense to use those copyrighted snippits or the entire song, or a sample thereof. (Harry Fox Agency handles all licensing) George Harrison was sued successfully over 3 notes. Others have been sued over the use of a short one second sample. In fact, the song and commercial use contracts I have to sign to place my music in libraries specifically states that I swear and avow that I own all the rights to all lyrics, music, tracks, and samples used in my music. The issue in the Swift case, the contested lyrics were determined to be to ordinary to be considered copyrightable. And since that was the only part of the song that Taylor wrote that Sean Hall and Nathan Butler sued over..... the judge threw it out. In essence, Swift used a well worn cliche in her music and cliche's are in that category of being so commonly used that there isn't anything original in their use, and therefore.... not subject to copyright. But..... each case would have to be decided by a judge and possibly a jury. The judge was fair.... he gave them a second chance...."In sum, the lyrics at issue... are too brief, unoriginal, and uncreative to warrant protection under the Copyright Act," he wrote. However, he offered Hall and Butler one last chance to amend their argument before the case is settled on 26 February, "just in case there are more similarities between Playas Gon' Play and Shake it Off than Plaintiffs have alleged thus far" I'm not a Swift fan but I have to agree with this decision.
Last edited by Guitarhacker; 02/15/18 05:59 AM.
You can find my music at: www.herbhartley.comAdd nothing that adds nothing to the music. You can make excuses or you can make progress but not both. The magic you are looking for is in the work you are avoiding.
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So if I write a song with lyrics of "Baby, baby, baby. Oh, baby, baby, baby" I can't sue if someone else writes a song with those lyrics?
Oh, wait - someone else already wrote that.
Salt'n'Peppa are in their lawyers office right now!!! Eddie, I was thinking of Bieber. You mean someone else used those lyrics? It’s a banal conspiracy, I tell you!
BIAB 2025 Win Audiophile. Software: Studio One 7 Pro, Swam horns, Acoustica-7, Notion 6, Song Master Pro, Win 11 Home. Hardware: Intel i9, 32 Gb; Roland Integra-7, Presonus 192 & Faderport 8, Royer 121, Adam Sub8 & Neumann 120 monitors.
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eddie1261
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eddie1261
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I'm not even gonna ask how you know that.......
You can find my music at: www.herbhartley.comAdd nothing that adds nothing to the music. You can make excuses or you can make progress but not both. The magic you are looking for is in the work you are avoiding.
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eddie1261
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I'm not even gonna ask how you know that....... LOL!!! Because back in the day I was in the dance clubs. Playing and socializing on nights I was not playing! This song was a HUGE favorite of the DJs.
Last edited by eddie1261; 02/15/18 10:32 AM.
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Okay, someone's gotta write a song called "Musicians gonna music".
John Laptop-HP Omen I7 Win11Pro 32GB 2x2TB, 1x4TB SSD Desktop-ASUS-I7 Win10Pro 32GB 2x1.5TB, 2x2TB, 1x4TB SATA BB2025/UMC404HD/Casios/Cakewalk/Reaper/Studio One/MixBus/Notion/Finale/Dorico/Noteworthy/NI/Halion/IK http://www.sus4chord.com
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eddie1261
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Okay, someone's gotta write a song called "Musicians gonna music". As the homies say in my hood, "You done brung it up.... Do it."
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Songwriters gotta ...
I give up. Woke up this mornin’,
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I guess a lyrics description of my final profession wouldn't fare well in a song
"analysts gotta @n@l" LOL
Larry
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It’s a banal conspiracy, I tell you! Ooooh... Banal Conspiracy? I think I've got my new band name.
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Personally, I think the whole thing has gotten out of hand.
I can see copyright on samples, no matter how short. But a few words in an entirely different song? Come on.
But then, I am not the person who makes the laws.
Like I said, there is a long tradition in quoting others works in classical, folk, jazz, and pop recordings. As long as it doesn't interfere with the sales of the work quoted, I don't see a problem, and embrace the practice as homage.
Insights and incites by Notes
Bob "Notes" Norton Norton Music
https://www.nortonmusic.com
100% MIDI Super-Styles recorded by live, pro, studio musicians for a live groove
& Fake Disks for MIDI and/or RealTracks
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Like I said, there is a long tradition in quoting others works in classical, folk, jazz, and pop recordings. As long as it doesn't interfere with the sales of the work quoted, I don't see a problem, and embrace the practice as homage. The only reason that tradition exists is the original rights holder didn't push it. You mentioned classical and folk, most of that is public domain now but concerning songs from the last 50-60 years or whatever those "tribute musical quotes" are completely illegal. Plenty of stories about writers of songs who were broke and didn't have the money to hire attorneys to sue. They would have won. Bob
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