Quote:
Originally Posted by Sexy_Potatoe_with_an_E
You know you have to pay for samples when you use them in your music. Tradition or not, it is absurd to say that your creation isn't yours. It IS yours and it is up to the artist to decide whether or not he wants someone else to use his music.
For example! In the song Hot Dog by Limp Bizkit, Fred Durst says:
"you wanna fuck me like an animal
you LIKE to burn me on the inside
you like to think i’m a perfect drug
just know that nothing you do will bring you closer to me"
While the lyrics aren't even a direct quote fron Nine Inch Nail's song Closer, it was similar enough and just enough so that Limp Bizkit HAD to give writer's credits to Trent Reznor and pay him royalties. The song was done to pay homage to NIN, of course this is what started the fued between the two bands.
Quite obviously the SONGS ARE COMPLETELY different entities meaning COMPLETELY different things, but when you borrow someone's words/melodies/samples. YOU HAVE TO GIVE THEM CREDIT.
This is why we have quotation marks. If the melody is the same, Coldplay is obligated to compensate Joe Satriani. Plain and simple.
There are actually people who are paid by record companies to listen to your song to make sure you haven't stolen any samples.
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Thank you PotatoE for putting it so well.
For someone who claims to know stuff about IP, Matt sounded kinda dumb when he kept repeating that it's not the same song. Of course it's not, but that's not what matters - the test that courts use to determine whether there was copyright infringement is whether there was substantial copying, NOT whether it's a different piece of work. And a melody is pretty fucking substantial. You can have a completely different work that nevertheless copies substantially from someone else. It is infringement of copyright law.
Lev
3rd Year Law Student, currently taking IP law (in Canada but our laws are not so different, just more lax because we're pussies).