Hi Jim and Tunemonger!

LOL! I was wondering when someone would notice that there's a hint of "The First Noël". Congratlations on being the winner, Tunemonger!

When I wrote the melody and chords, I was completely unaware of this aspect of the song and it wasn't until I heard Steve's orchestration that it occurred to me. I was stunned at how easy it is to subconsciously use a theme without realising it. I mentioned it to Steve at the time.

  • If you listen to the second half of Steve's instrumental section, you'll definitely hear that it starts out like "The First Noël" -- I think this was Steve being a bit playful!

Anyway... because, exactly as Tunemonger says, "The First Noël" is public domain it wasn't an issue to leave it as is so I just thought I'd see who noticed it. It might have been that my thinking was a bit cheeky, too, because I also liked that "The First Noël" matched my name smile

If you listen closely, though, "Gentle Night" is only like the "The First Noël" for a few reasons that are not copyrightable and one reason that probably wouldn't be considered impinging on copyright.

It's interesting to look at this from a copyright perspective, though, because there are lessons to learn. The similarities/differences are...

1. The both "Gentle Night" and "Noël" are in 3/4 time.

  • Not copyrightable

2. I used the key of C major for "Gentle Night" and "Noël" is often performed in this key as it's comfortable for choral versions of the song.

  • Not copyrightable.

3. The chord progression I've used for "Gentle Night" is similar to ones that often occur with some versions and some bars of "Noël".

  • Not copyrightable.

4. The melody for "Noël" has two pickup notes (E to D) and then climbs from middle C to C one octave above in scale-wise motion.

(i.e. melody = ED|CDEFGAB|CBA|G)

The stating melody for "Gentle Night" has two pickup notes (F to D) and then climbs up the C major chord arpeggio from middle C to C one octave above.

(i.e. melody = FD|CCEGGGC|CBA|G

  • The note-pattern for "Gentle Night" shouldn't impinge on copyright because the note-patterns between the two are distinctly different both rhythmically and melodically with the exception of |CBA|G.

5. The four notes for the phrase "silently sleep" (Gentle Night) and "angels did say" (Noël) are the same. This occurs on note CBA|G in both songs.

  • I'm not sure if only four notes being identical, and in commonly used descending scale-wise motion, is enough to impinge on copyright... maybe it is, maybe it isn't. Fortunately I don't have to worry about it.

6. The rest of the notes in the two A-sections, or verses, are different from one another.

  • Doesn't affect copyright.

7. The B-section that begins with "You fill my heart..." is completely different from anything in "Noël".

  • Doesn't affect copyright.


Working my way through the above was very useful and it helped clarify my thinking in many ways. Thank you for that. The moral of the story is that it's very easy to end up creating something that you think is original but it might not be.

These days, when I listen to the song, I no longer hear "Noël" except in the back half of Steve's instrumental section. When others listen, I suspect that "Noël" is noticeable because the little bits that are reminiscent of this carol are repeated at the beginning of each A-section and that the ear focuses on and anticipates these. This then over-rides the many differences between the two songs.

Thanks for listening and for commenting, and thanks for noticing "The First Noël", too smile

I hope that 2020 is a great year for you both,
Noel

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