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Joined: Aug 2018
Posts: 1,378
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Joined: Aug 2018
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David, you may actually have the stronger argument. That doesn't keep me from stomping my feet and representing the defense.
The use of "melody" in that second definition is not part of the definition. It's an example of the word in usage. Minor point, but noted. There are surely better definitions than those, but those suffice for the average listener.
A jury, or a judge, who either are or can, from life experience represent the "average listener" has only one sense as a LISTENER. While he/she may be able to be educated as to how this melody was arrived at, the average LISTENER only has their sense of hearing to go by.
There are apparently people who can smell music, but they are hardly AVERAGE. There are more who have a very highly developed sense of relative or absolute pitch who can mentally work out this series of inverted intervals. But with that degree of natural or developed "listening", they are very likely to notice innumerable examples between various songs. There are, after all, only 11 notes (or is it tones?) in "standard" western European music and 12TET. Regardless, they are hardly AVERAGE.
The question ultimately hangs on whether the work was copied. In an arrangement, sticking with music, enough of the characteristics of the primary work remain to make the arrangement a derivative work. It would hardly be a good arrangement (or really strong jazz) if these elements were not copied.
I don't know what the law says about ownership and royalties pursuant--except that the arranger does not now own the primary, and the primary holder does not now own the arrangement.
In the videos Noel posted. In Rachmaninoff's 18th variation on a theme by Paganinni, the composer used only a few notes--a motif?--and substantially changed many elements--most notably tempo. He also clearly stated in the title that this was a "variation on a theme"--one of twenty-four, I think. (Worth noting though that Paganinni's piece was not laid out like a modern pop song form with repeating verses and choruses).
His was not a copy and not an arrangement. His was an original work begun with a rote process.
Had this Beatle's inversion not had so many elements in common with the original, there'd be no case at all. There may be enough elements actually copied in the Beatle's inversion to convince a jury that infringement took place. I just don't think that "melody" is one of them. How can something that does not resemble another thing be said to be a copy of it? Added to the pile? Perhaps, in establishing intent. But alone? I don't think so, and neither would an average listener.
I'd argue that inverting a melody is not copying. It's a method of arriving at a completely (or at least hugely variant) new melody. The "new" no longer resembles the old in most (if not all) ways that matter to the average listener. And if said average listener is the arbiter of copyright infringement, I wouldn't want to argue for the plaintiff, in the interest of music as an art.
Last edited by Tangmo; 08/21/21 08:29 PM.
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Entire Thread
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If I turn somebody else's song upside down, who wrote it?
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Mark Hayes
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08/17/21 03:16 PM
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Re: If I turn somebody else's song upside down, who wrote it?
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Ask sales and support questions about Band-in-a-Box using natural language.
ChatPG's knowledge base includes the full Band-in-a-Box User Manual and sales information from the website.
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Update Your PowerTracks Pro Audio 2024 Today!
The Newest RealBand 2024 Update is Here!
The newest RealBand 2024 Build 5 update is now available!
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The Band-in-a-Box® Flash Drive Backup Option
Today (April 5) is National Flash Drive Day!
Did you know... not only can you download your Band-in-a-Box® Pro, MegaPAK, or PlusPAK purchase - you can also choose to add a flash drive backup copy with the installation files for only $15? It even comes with a Band-in-a-Box® keychain!
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Handy flash drive tip: Always try plugging in a USB device the wrong way first? If your flash drive (or other USB plug) doesn't have a symbol to indicate which way is up, look for the side with a seam on the metal connector (it only has a line across one side) - that's the side that either faces down or to the left, depending on your port placement.
Update your Band-in-a-Box® 2024 for Windows® Today!
Update your Band-in-a-Box® 2024 for Windows for free with build 1111!
With this update, there's more control when saving images from the Print Preview window, we've added defaults to the MultiPicker for sorting and font size, updated printing options, updated RealTracks and other content, and addressed user-reported issues with the StylePicker, MIDI Soloists, key signature changes, and more!
Learn more about this free update for Band-in-a-Box® 2024 for Windows at www.pgmusic.com/support_windowsupdates.htm#1111
Band-in-a-Box® 2024 Review: 4.75 out of 5 Stars!
If you're looking for a in-depth review of the newest Band-in-a-Box® 2024 for Windows version, you'll definitely find it with Sound-Guy's latest review, Band-in-a-Box® 2024 for Windows Review: Incredible new capabilities to experiment, compose, arrange and mix songs.
A few excerpts:
"The Tracks view is possibly the single most powerful addition in 2024 and opens up a new way to edit and generate accompaniments. Combined with the new MultiPicker Library Window, it makes BIAB nearly perfect as an 'intelligent' composer/arranger program."
"MIDI SuperTracks partial generation showing six variations – each time the section is generated it can be instantly auditioned, re-generated or backed out to a previous generation – and you can do this with any track type. This is MAJOR! This takes musical experimentation and honing an arrangement to a new level, and faster than ever."
"Band in a Box continues to be an expansive musical tool-set for both novice and experienced musicians to experiment, compose, arrange and mix songs, as well as an extensive educational resource. It is huge, with hundreds of functions, more than any one person is likely to ever use. Yet, so is any DAW that I have used. BIAB can do some things that no DAW does, and this year BIAB has more DAW-like functions than ever."
Convenient Ways to Listen to Band-in-a-Box® Songs Created by Program Users!
The User Showcase Forum is an excellent place to share your Band-in-a-Box® songs and listen to songs other program users are creating!
There are other places you can listen to these songs too! Visit our User Showcase page to sort by genre, artist (forum name), song title, and date - each listing will direct you to the forum post for that song.
If you'd rather listen to these songs in one place, head to our Band-in-a-Box® Radio, where you'll have the option to select the genre playlist for your listening pleasure. This page has SoundCloud built in, so it won't redirect you. We've also added the link to the Artists SoundCloud page here, and a link to their forum post.
We hope you find some inspiration from this amazing collection of User Showcase Songs!
Congratulations to the 2023 User Showcase Award Winners!
We've just announced the 2023 User Showcase Award Winners!
There are 45 winners, each receiving a Band-in-a-Box 2024 UltraPAK! Read the official announcement to see if you've won.
Our User Showcase Forum receives more than 50 posts per day, with people sharing their Band-in-a-Box songs and providing feedback for other songs posted.
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