Free Republic
Browse · Search
General/Chat
Topics · Post Article

To: a fool in paradise

In music, there’s a difference between plaigiarism and quoting. You can’t, obviously, reference your sources in a three minute song. Generally, it’s not considered a problem unless it’s the entire song (see the Ghostbusters vs. I Want a New Drug lawsuit from the 80s between Ray Parker Jr. and Huey Lewis).

You can, however, quote a part of another song. Musicians do it all the time. It’s commonly accepted practice. That’s clearly what happened here. There’s no question he’s quoting the Kookaburra song (he’s sitting in a gum tree in the original video, for pete’s sake), but the real question is whether or not it matters.

I’d say no... along with damn near every pop musician of the last 60 years.


16 posted on 02/05/2010 10:47:17 AM PST by Terabitten (Vets wrote a blank check, payable to the Constitution, for an amount up to and including their life.)
[ Post Reply | Private Reply | To 1 | View Replies ]


To: Terabitten

Answer songs (someone’s sequel to someone else’s song) used to be common in the 1950s and 1960s. Some resulted in lawsuits but others did not.

Then the was the tactic of adding No.2 to a title (I’ve seen it with country songs from the 1960s, some parodies but others were answer songs).

http://en.wikipedia.org/wiki/Answer_song


17 posted on 02/05/2010 10:53:12 AM PST by a fool in paradise ("like it or not, we have to have a financial system that is healthy and functioning" Obama 2/4/2010)
[ Post Reply | Private Reply | To 16 | View Replies ]

To: Terabitten

You summed it up nicely. I am very pro-copyright, and I’d hate for any of my published works to get ripped off.

But this is a quotation of a fragment of melody that has come to be recognized as quintessentially Australian—it’s not a ripoff of a whole song or the melodic/harmonic structure thereof. Heck, Mozart was doing it back in the day.

I hope the “damages” are light. I really think this is a stretch of a lawsuit.


18 posted on 02/05/2010 10:56:08 AM PST by Claud
[ Post Reply | Private Reply | To 16 | View Replies ]

To: Terabitten

But isn’t that was Vanilla Ice was sued for by Foreigner, or whoever it was?

“Sampling” - as it’s called now - is not new. Heck, the national anthem for the USA was just a beer-drinking bar song from the UK with original words to it.


29 posted on 02/05/2010 1:11:59 PM PST by Ro_Thunder ("Other than ending SLAVERY, FASCISM, NAZISM and COMMUNISM, war has never solved anything")
[ Post Reply | Private Reply | To 16 | View Replies ]

To: Terabitten
Love the gum tree observation! Yes, a homage is NOT plagiarism.

But while quoting a song is often a common practice, it has been established that you cannot sing 90% of Howlin Wolf's “Killing Floor Blues”, throw in a Robert Johnson line about “squeeze my lemon till the juice runs down my leg”; and then call it “the Lemon Song” (Led Zeppelin)and not pay Howlin Wolf his money.

But the riff on squeezing lemons was obviously not “plagiarizing” Robert Johnson.

33 posted on 02/05/2010 2:18:58 PM PST by allmendream (Income is EARNED not distributed. So how could it be re-distributed?)
[ Post Reply | Private Reply | To 16 | View Replies ]

Free Republic
Browse · Search
General/Chat
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson