How many notes can you lift before it becomes plagiarism?

Well, I guess you showed me... That will teach me to never post here again...
Hopefully, it teaches you to not expound on the law when you don't know much about it. It's generally a good idea to read through a thread before you post to it. I have gone to considerable pains in this thread to make sure that those who, like you, feel the need to hold forth on topics about which they know little, don't mislead the musicians and composers who rely on this site for accurate information.

I didn't "show you up." You showed yourself up.
 
Well, I guess you showed me... That will teach me to never post here again...

Good to see you here man.

We all benefit from having someone who specializes in such matters. I myself have learned a huge amount from PT.

At least it not Judge Judy right?

:)
 
It isn't just the notes themselves but the context of the whole song. People and their lawyers aren't stupid. Just having a collection of notes that is identical to a collection of notes from another piece of music isn't the issue. The issue is, does it clearly resemble the other piece of work, or an excerpt from the other piece of work? The next question is - does it merely reference that other piece of work or is the other piece of work being borrowed or used to enhance the first piece of work, or to pass it off as being original.
Writing a parody to the tune of "My Way" would incur less wrath than writing a serious song to the melody of "My way". Both would need to be checked for copyright, but the penalty for one would be less.
 
Writing a parody to the tune of "My Way" would incur less wrath than writing a serious song to the melody of "My way". Both would need to be checked for copyright, but the penalty for one would be less.
Parody (if it is a parody) is a complete defense to copyright infringement and incurs no "penalty" whatsoever. Potential liability is greater for intentional infringement than non-intentional infringement.
 
John Forgerty was sued (and lost) for copying is OWN song.
He was sued, but he did not lose, i.e. he was found not to have infringed. He was, however, initially denied his attorney's fees. The case went to the Supreme Court, which reversed and remanded, holding that a double standard in awarding fees as between prevailing plaintiffs and prevailing defendants is unjustified. See, Fogerty v. Fantasy, 510 U.S. 517 (1994). You can read the opinion here: Fogerty v. Fantasy, Inc., 510 U.S. 517 (1994).
 
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