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Joined: Nov 2006
Posts: 125
Apprentice
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Apprentice
Joined: Nov 2006
Posts: 125 |
If you record a chord progression and call it (as in your example) Yesterday, AND the chord progression is for the song Yesterday, you have in fact violated the law. IANAL, and this is the internet, but neither the chord progression nor the title can be copyrighted. So what law has been violated in your example? Of course, I'm not so foolish as to test this theory out myself. I have a book about the business and legal aspects of music law. It's over 600 pages and I did try to find the section that dealt with this. UNsuccessfully. Essentially, what you say is generally correct. Titles and chord progressions are not copyrightable under most circumstances. All the rock and rollers and blues guys are thankful for that.... the 1-4-5 progression is a standard. However..... there is a point where the progression can be problematic. When the chord progression to a song is so unique that simply playing the chords with no melody indicates immediately to the listener the song's name.... it can in fact be a copyrightable situation. The argument would be.... do the chords to yesterday amount to that point? F Em7 A7 Dm Dm/C Yesterday all my troubles seemed so far away Bb C7 Bb F C Dm G7 Bb F Now it looks as though they're here to stay oh I believe in yesterday [Verse 2] F Em7 A7 Dm Dm/C Suddenly I'm not half the man I used to be Bb C7 Bb F C Dm G7 Bb F there's a shadow hanging over me oh yesterday came suddenly [Chorus] Em7 A7 Dm Dm/C Bb Gm C F Why she had to go I don't know she wouldn't say Em7 A7 Dm Dm/C Bb Gm C F I said something wrong now I long for yesterday That would be for a jury and judge to decide. Above my pay grade. To reply to the question you posed.... Using this unique chord progression and naming it Yesterday..... I think that's a little too much of a stretch to call it a random musical event. Especially when the timing also falls into place. If you were on that jury, how would you decide? Interesting complicated stuff, So just wondering as there are third party Fake disks with the format outlined just as you have described above (in my humble opinion anyway) so what you are saying is, this could well fall into the Copyright Infringement trap, and to muddle the waters even further, if an end user was to buy this particular Beatles Fake disk knowing the above they could get into trouble too. I know the above is 99.99 % unlikely to happen either for the creator of a fake disk or the customer buying it, but what once seemed clear cut as being totally within the law, ie, chords or a title can't be Copyrighted, now no longer seems so, particularly if its a unique set of chords to a particular song and the Title of the song is clearly shown in a disk.
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