"Sampling" question

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dannykland

New member
I apologize if this question is beyond the scope of this thread, but I don't think it would fit anywhere else on the forums. Anyways, I'm writing a poppy song right now, and I reference another pop song in the lyrics, and I want to have another instrument play one of the licks from that song.
The referenced song is Mariah Carey's "Fantasy" and the lick I want play is the very first "shooda doda do, do do do" https://youtu.be/qq09UkPRdFY?t=27s. It will probably be a horn or some other instrument, in the background of the arrangement. It will be in a different key, and I'll be retracking it, so I'm not using a proper sample, but I am planning on playing that lick exactly. Do I need clearance for this? Is this copyright infringement? My gut says yes, but I thought there might be someone more informed who could give me a definite answer. Any insight would be much appreciated!!
 
I'm not a lawyer, but I doubt it is copyright infringement. The part in that song isn't a major part of the song. It is just ear candy that was put in to take up space, since there is nothing really going on in the arrangement at that point.

The Mariah song does not hing on that lick, and I'm sure that if you look hard enough, you will find that lick on hundreds of songs in the last 40 years.

Besides, in order for you to get in trouble, you would have to sell the song and make enough money with it that it would be worth their while to sue you for it...
 
IANaLB... That is actually the major hook of that section. You might be able to get away with it, but they could probably still take you to court over it.

Tragically, this thread would be used as evidence against you if that did happen since it demonstrates that you're aware of the MC song an that informed your work.

Hold on! I have a plan:
Jury nullification
There. Now they may ignore us. :D
 
VomitHatSteve said:
IANaLB... That is actually the major hook of that section. You might be able to get away with it, but they could probably still take you to court over it.

Tragically, this thread would be used as evidence against you if that did happen since it demonstrates that you're aware of the MC song an that informed your work.

Hold on! I have a plan:
Jury nullification
There. Now they may ignore us. :D
Click to expand...

That is what constitutes a hook? No wonder I don't listen to stuff like that.
 
VomitHatSteve said:
It took me a minute to remember where I knew that hook from: https://www.youtube.com/watch?v=pwgMMtgSTVE
Click to expand...
It's a little too early on a Sunday, but I think that might be awesome!

I still steal lyrics all the time. I'm kind of hoping Tom Petty will sue me. Make it into a big media circus. That'll be the day I disable individual track streaming and crank up the album price to major label levels. He can have some of what I make off of it, but he's gonna have to help me sell it first. :)
 
That's the secret plan with naming my project after a sample D&D character. Getting sued by Hasbro would just be free press!
I mean... JURY NULLIFICATION! THIS POST IS INADMISSIBLE IN COURT BECAUSE IT WILL TEACH THE JURORS ABOUT JURY NULLIFICATION!
:D
 
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