Copyright experts

[NEB]

OK here is the deal....if I have recorded an instrumental version of a Nick Drake song that is substantially similar but substantially different, same chords, picking etc, but no vocals and Ive kind of changed it around a little. What do I need to do to legally produce my version of that song under my own label? Is the original copyright, 1974, still infringable? I have no idea and my books do not cover that very well.
...thought someone would know.

[Chris Tondreau]

Kind of a tough call. You can't reproduce anything obviously recognizable and call it yours without permission. That said, though, you can't copyright a chord progression or a picking pattern.

Remove the vocals from Twist and Shout, and you have LaBamba.

Remove the vocals from When I Come Around, and you can do Good (Better than Ezra). Now slow it down, and you can sing Glycerine, by Bush.

Take Bullet with Butterfly Wings (the part near the end where he just keeps going "Despite all my rage, I am still just a rat in a - Despite all my rage....") and remove the vocals. Now sing any of the following:

-Piece of Mind by Boston
-867-5309 Jenny
-Machine Head by Bush (the chorus)

Take Jailbreak by AC/DC and remove the vocals. Now sing Gloria by Them (Van Morrison)

The Cult re-wrote She Sells Sanctuary by putting a new melody and new lyrics and called the same music Love Removal Machine.

Take Everything Zen (the verses) and remove the vocals. Now sing Rockin' In the Free World by Neil Young.

Tonnes of examples....

However, if you SAMPLE the riff from, say, Walk This Way and try to use it as the basis of one of your own tunes, then you're in trouble. Err on the side of caution. AFAIK, there is no definitive answer as to "how close is too close?" Sometimes the courts have to decide that.


Chris

[dafduc]

Yeah, what Chris said.

Copyrights live for 95 years now, but only melody, lyrics, arrangement, and performance are copyrightable. Chord progression is not arrangement, though if there's a recognizable riff (think Sunshine of Your Love, for example) you might not be able to use it without royalties, and might possibly need permission, too.

If you play the melody instrumentally (think Mott the Hoople's "You Really Got Me" cover), then you'll need to pay royalties. If you play the melody but make changes to it, you might also need to clear it with the copyright holder - you can chase that down through ASCAP or BMI or SESAC's web sites.

But as long as all you're using is chord changes and feel, you're probably clear.

I'm not an attorney, but I do play one when the wife and I do our "The Grateful Hooker Pays Her Lawyer" scenario...

[Kramer]

What dafduc said.......the melody seems to be the only thing you would have to be concerned with.

[RWhite]

Don't forget that most famous of cases, George Harrison's "My Sweet Lord" being ruled a "subliminal copy" of the song "Hes So Fine" (or was it "Shes So Fine?). I think George had to cough up a lot of $$$$ for that one. Again, it was the melody line that was key.

[NEB]

Ok the fello Michigan boys talked me out of it, its comming off. I do not know anything about getting permission. I dont even know what label my bootleg is from. Neb- Northwest mitt

[Mike_W]

You would have to find out what label owns the rights to the song in question. Then you would have to contact that label and ask for permission, they will then either tell you no, or tell you yes along with what you can or can't do to the song, and if you sell your version you will most likely have to pay some sort of royalties. My brother did this with a tune and I think he only had to pay like 12 cents per copy sold for royalties, but it could be different depending on who you deal with.

[DavidK]

click here for all the info you will ever need.

[Nilbog]

I wouldnt worry about getting sued unless you were ripping off metallica or something.....

[dafduc]

Nilbog, sounds like NEB wants to do the right thing, as opposed to seeing what he could get away with.

Again, NEB, permission's only needed if you alter the piece. If you're just covering it, you don't need permission, you just need to cough up the royalties...