A preview from this issue . . .
ASK MOTHER HUBBARD
by Judy Hubbard
Q: I recently started writing songs and I’ve been noticing that sometimes I use chord changes or word phrasings that remind me of tunes by other musicians. I guess it makes sense that I would emulate my influences, but on the other hand, I don’t want to be ripping off my heros. Is this a common songwriter’s dilemma.
In Searchof Originality
Austin, TX
Dear Original, Under the fair use doctrine of the U.S. copyright statute, it is permissible to use limited portions of a work including quotes, for purposes such as comentary, criticism, news reporting, and scholarly reports. There are no legal rules permitting the use of a specific number of words, a certain number of nusical notes, or percentage of a work. Whether a particular use qualifies as fair use depends on all the circunstances. (You can read more detail about the Fair Use Doctrine at www. copyright.gov/fl s/ fl 102.htm.) Which I hope means I won’t get sued for ripping off this part of the answer from the US Copyright Office website.
Whether or not your use of a song or sound recording is a fair use depends on many factors, such as how much of the work you use and for what purpses you use it. Contrary to popular belief the copyright law does not state a particular number of bars or lyrics have to be included in order to be considered infringement. Using two, four or eight bars from a song does not guarantee that your use is a fair use. Taking only a few words or notes from a song or a sound recording has been found to be copyright infringement in some court cases. It is ok to be influenced by your heros and that can show up in your style but if you write something and think it sounds too much like somebody elses’ work, then it probably does.
xxx
MH
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