And now, a question about songwriting.....

[poltr1]

Several years ago, I wrote a song -- lyrics first, then the music. In the song, I borrow a riff from someone else which I use between verses and at the end. At what point does it cross over from fair use into plaigarism? I was looking for something very dark and foreboding, like a slow march to the gallows, and I think what I used fits perfectly. It's got chorus (sort of), tympani, and chimes, and at the end, a snare drum.

Comments

[peteralway.livejournal.com]

I might have an opinion if I could hear it. In the abstract, I wouldn't even be able to formulate an ill-informed rant.

But I don't think anyone complains about "All You Need is Love" stealing "La Marseillaise" and "Greensleeves."

[kliklikitty.livejournal.com]

Music being by it's nature something constructed by manipulating a limited number of notes and scales is a form of expression that lends itself to a certain amout of borrowing and crossovers. Usually the use of a rift or two is not concidered plagerism if it is used in such a way as to not deract the thoughts of others away from the original while enhancing the experiance of the new creation.

At least that was the Supreme Court Ruling about musucal copyrights that I remember from the semester of Creative Licence Law that I took back in 84.

Without listening to the two pieces in question I can't tell if your song would fall under the broad stroke of this ruling. But as you describe it I *think* it probably does.

Hope this helps.