And now, a question about songwriting.....
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.
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But I don't think anyone complains about "All You Need is Love" stealing "La Marseillaise" and "Greensleeves."
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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.