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Close enough to sue?

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(@mattypretends116)
Honorable Member
Joined: 21 years ago
Posts: 530
Topic starter  

Hey all, hope you can give me some advice with this.

I've been writing songs lately, and there is one in particular that I like very much but I'm concerned that I'm inadvertantly copying another artist. I local band in my area called Jeremiah Freed released a record with a song called "Do my Best" on it, which I like very much, and have subsequently listened to a lot. I was writing the other day and found a great chorus after a verse I was working on, but the structure of the chord changes is similar to that of "Do my Best." making them sound very similar

My song is a different key than the other one (G versus A), but they are close enough so that my vocal melody is alarmingly familar. The tempo is also similar, but that can be changed, as can the vocal melody. The verse is different, but I feel that it's still withing throwing range of the law. The point is, do I have anything to worry about as far legal issues go, or am I just being paranoid? I'm thinking of recording a demo at some point in the near future and the last thing I want to do is get shot down for plagerism.

Thanks
Matt

"Contrary to popular belief, Clapton is NOT God. The prospect that he is God probably had a large hand in driving him to drugs and booze. Thanks everyone."

-Guitar World :lol:


   
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(@ajcharron)
Estimable Member
Joined: 16 years ago
Posts: 121
 

Of course, without having heard the two songs, it's difficult to give you precise advice, but from your description, I'd say stay away from it. Use the lyrics for something else if you want, but drop the song altogether. Better to be safe than sorry.


   
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(@preston)
Trusted Member
Joined: 21 years ago
Posts: 77
 

Hi Matt.
I tend to agree with 99.999% of what AJ says, or can atleast see his point. However, I'll have to argue this one.

There's nothing new under the sun. Everything has been done before. Sorta.

Let's begin with your Lyrics. You say that the words are different. We don't have a problem there.

Now, on to the chord changes. Even if they are in the Same key, with the same tempo... I still don't see a problem. We only have A thru G to work with.
You may be too young to recall these two tunes, but I'll use this as an example, anyway. Back in the 1970's, Lynyrd Skynyrd and The Marshall Tucker Band both had Hits with Sweet Home Alabama and Can't You See. Both songs used the D-C-G progression and a VERY close tempo. What differentiated these two songs was the Picking/Riff of each. The Melody.
If you play Sweet Home Alabama in Bb, it's still Alabama. You didn't write new music. Expect a suit.

You may remember this, though. A few years ago, Vanilla Ice was sued over the Bass Riff in the song Ice, Ice Baby. It was TOO close to the Bass Riff in a song by (? I forget. the Police? Queen?) another band. That's a BIG 'NO-NO', even if it's unintentional.

Here is what I would suggest, since you say it is a Local band.
Do you know any of the members? If not, go see them play. Introduce yourself (to the Singer or obvious Leader) during a break. Tell them that you're a fan and aspiring writer. Express your worries.
Don't try to hand them your song. If they are concerned, they'll ask more questions. Most 'Local' bands love to hear that thier music is known.
In this case, I expect you'll be asked for your song. To atleast sing a few lines and hum some melody.

If they don't like it, tuck your tail between your legs and limp away. It's doubtful, though, that will happen.
If they DO like it...OH, MAN! No telling where it may lead.
Co-writing. Girls. Fine cigars.  ;)

Now, it just comes down to YOU. If you don't feel right about it; start over. You have a good conscience and a fair heart.
If you want to gamble; go for it. Do they have the money for an attorney? Is your song similar but better? Do they even care?

Best Wishes, Matt.

Preston

"Don't try to describe a KISS concert if you've never seen it." Jimmy Buffett


   
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(@twistedfingers)
Honorable Member
Joined: 20 years ago
Posts: 596
 

Hi Matt.
.

You may remember this, though. A few years ago, Vanilla Ice was sued over the Bass Riff in the song Ice, Ice Baby. It was TOO close to the Bass Riff in a song by (? I forget. the Police? Queen?) another band. That's a BIG 'NO-NO', even if it's unintentional.

Best Wishes, Matt.

Preston

hey Preston that riff he got nailed for was from Under Pressure.  (Queen/Bowie) collaboration. If memory serves. it wasn't just close, it was the exact same riff at a different tempo.

Life is not a journey to the grave with the intention of arriving safely in a pretty and well preserved body, but rather to skid in broadside, thoroughly used up, totally worn out, and loudly proclaiming -- "WOW--What a Ride!"


   
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(@ajcharron)
Estimable Member
Joined: 16 years ago
Posts: 121
 

That's right and what was fun with this one was that Queen, Bowie and Vanilla Ice were all on the same label... Somebody didn't do their job.

But also don't forget the case of George Harrison with My Sweet Lord (details are in this article: https://www.guitarnoise.com/article.php?id=107 ). He did admit to stealing the song even though unintentionally and the chords are not identical to the orginal. However, if you heard the original without paying attention to the lyrics, you'd think it's My Sweet Lord.

All in all, the previous advice given by Preston is good. What it all boils down to is:

1-Will they sue?
2-What will a judge (who probably knows nothing about music) think of it?


   
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(@twistedfingers)
Honorable Member
Joined: 20 years ago
Posts: 596
 

Same label? Cool, I  learn something new everyday.

That's just ironic enough to be funny as hell.  ;D

Life is not a journey to the grave with the intention of arriving safely in a pretty and well preserved body, but rather to skid in broadside, thoroughly used up, totally worn out, and loudly proclaiming -- "WOW--What a Ride!"


   
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