Song Infringement & Creativity

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Abstract

jS-mCg1XkSDHq2Ndw.jpeg"><figcaption><a href="https://www.pexels.com/photo/music-piano-keyboard-white-54615/">by Pixabay — Pexels</a></figcaption></figure>I also had one of these situations where someone went to the Musical Work Owners Association that I am also a member of, with the allegation of a phrase I used in one of my songs, being theirs. That was very interesting as the phrase was very common, well known, old, and anonymously written or said by someone. It was almost like a proverb. My lawyer was able to express this fact successfully so the case was closed.However, these kinds of allegations (although they might be correct at times), give songwriters some kind of fear in terms of creativity. The more you are afraid the lyric or melody you feel like writing, which might have been also felt and written by someone else before, which blocks your creativity. I think that was what Ed Sheeran tried to say.Inspiration is like an ocean. There are many things that can inspire you to write a song but the minute you feel, you might be doing something wrong, then you will end up not following through. So, you never release that song.More importantly, as in the “Blurred Lines” case, you can even get sued for the song you wrote, if it “feels like” another song that has been written by someone else. So the song doesn’t need to copy the notes, lyrics, or melody but it can just “feel” like another song for it to be considered infringing. This was taken by the music industry as something that can create a controversial precedent for f

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uture artists.Forensic musicologist and composer Sandy Wilbur who testified in the “Blurred Lines” case said; “I think that it was extremely controversial because there were not two consecutive notes that were the same. The melodies, the harmonies, the lyrics, the bass line, everything was different. So, what was left was the feel of the groove.”I think that creates a huge blurred line!There are many songs, I “feel” like resemble others. I am not going to name these songs here but if you check on YouTube, you will see the general public also posts some songs they “feel” might have been copied from others.This is a slippery slope as it’s not determined where the line will be drawn. Whose “feelings” will be considered to identify a song stolen from another one?As a writer, you want to and have to feel one hundred percent free, to create a work of art without any inhibitions.I also wonder, why such cases don’t happen in other forms of art such as painting? I’ve never heard a case where an artist was sued over using similar coloring or style or a tree or a house in their works. What about novelists or screenplay writers? I can count many TV shows or movies where similar ideas or fictional stories were put on the screen. I haven’t heard such big lawsuits for these similarities.I am not suggesting this should occur in these businesses as well, but if songwriters are under such scrutiny, shouldn’t that be applied to all forms of art across the board?</article></body>

Song Infringement & Creativity

Apparently, there is a new trend happening in the music industry nowadays. Sue each other for song infringement. I think one of the most talked-about cases was when Marvin Gaye’s estate won $ 7.4 million (later it was said to be trimmed to $ 5 million) as the song “Got to Give It Up” has found to have a similar feel to the song “Blurred Lines” by Robin Thicke and Pharrell Williams.

Recently Ed Sheeran went through a trial for the allegation of his song “Shape of You” copied part of the song “Oh Why” by Sami Chokri. Ed won the copyright battle and explained the situation as a culture of baseless lawsuits intended to squeeze money out of artists eager to avoid the expense of a trial. He also added that he thinks that it is damaging to the songwriting industry.

I also heard Ariana Grande (for the song 7 Rings) and Dua Lipa (for the song Levitating) are also on the radar for such allegations.

I have to be honest, I think Dua Lipa will have some headaches in this case as there are 3 different songs by different songwriters alleging infringement. I guess we will see the outcome.

To be -again- completely honest, even though this is irrelevant, I could never warm up to that song “Levitating.” Something about it doesn’t move me. Also, I swear I hear Justin Timberlake’s voice in the chorus of the song. Every time I listen to it.

I also had one of these situations where someone went to the Musical Work Owners Association that I am also a member of, with the allegation of a phrase I used in one of my songs, being theirs. That was very interesting as the phrase was very common, well known, old, and anonymously written or said by someone. It was almost like a proverb. My lawyer was able to express this fact successfully so the case was closed.

However, these kinds of allegations (although they might be correct at times), give songwriters some kind of fear in terms of creativity. The more you are afraid the lyric or melody you feel like writing, which might have been also felt and written by someone else before, which blocks your creativity. I think that was what Ed Sheeran tried to say.

Inspiration is like an ocean. There are many things that can inspire you to write a song but the minute you feel, you might be doing something wrong, then you will end up not following through. So, you never release that song.

More importantly, as in the “Blurred Lines” case, you can even get sued for the song you wrote, if it “feels like” another song that has been written by someone else. So the song doesn’t need to copy the notes, lyrics, or melody but it can just “feel” like another song for it to be considered infringing. This was taken by the music industry as something that can create a controversial precedent for future artists.

Forensic musicologist and composer Sandy Wilbur who testified in the “Blurred Lines” case said; “I think that it was extremely controversial because there were not two consecutive notes that were the same. The melodies, the harmonies, the lyrics, the bass line, everything was different. So, what was left was the feel of the groove.”

I think that creates a huge blurred line!

There are many songs, I “feel” like resemble others. I am not going to name these songs here but if you check on YouTube, you will see the general public also posts some songs they “feel” might have been copied from others.

This is a slippery slope as it’s not determined where the line will be drawn. Whose “feelings” will be considered to identify a song stolen from another one?

As a writer, you want to and have to feel one hundred percent free, to create a work of art without any inhibitions.

I also wonder, why such cases don’t happen in other forms of art such as painting? I’ve never heard a case where an artist was sued over using similar coloring or style or a tree or a house in their works. What about novelists or screenplay writers? I can count many TV shows or movies where similar ideas or fictional stories were put on the screen. I haven’t heard such big lawsuits for these similarities.

I am not suggesting this should occur in these businesses as well, but if songwriters are under such scrutiny, shouldn’t that be applied to all forms of art across the board?