Re: [LAU] [slightly OT] Musical citation (what is allowed?)

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Date: Wednesday, November 30, 2011 - 1:57 pm

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On 11/30/2011 07:47 AM, Julien Claassen wrote:

Hi Julien,

As others have pointed out, the legal status is unclear, probably by the
nature of the problem. Bear in mind that George Harrison was busted for
sol-mi-re in My Sweet Lord, it is the same melodic progression as The
Chiffons He's So Fine. Now, I don't know what anyone else might think
about it, but I find it hard to believe that GH was consciously ripping
off The Chiffons. From Wikipedia :

"Harrison denied deliberately plagiarising the song, but he lost the
resulting court case in 1976 as the judge deemed that Harrison had
"subconsciously" plagiarised "He's So Fine". When considering liable
earnings, "My Sweet Lord"'s contribution to the sales of /All Things
Must Pass/ and /The Best of George Harrison
/ were taken
into account, and the judge decided a figure of $1,599,987 was owed to
Bright
Tunes.^
The dispute over damages became complicated when Harrison's former
manager Allen Klein purchased
the copyright to "He's So Fine" from Bright Tunes in 1978. In 1981, a
district judge decided that Klein had acted improperly, and it was
agreed that Harrison should pay Klein $587,000, the amount Klein had
paid for "He's So Fine", so he would gain nothing from the deal, and
that Harrison would take over ownership of Bright Tunes, making him the
owner of the rights to both "My Sweet Lord" and "He's So Fine" and thus
ending the copyright infringement claim. Though the dispute dragged on
into the 1990s, the district judge's decision was upheld."

Best,

dp

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On 11/30/2011 07:47 AM, Julien Claassen wrote:
Hello everyone!

  I'd like to cite from a relatively recent work (1970), which of
course is still copyrighted. So can I do it per se? I'd just like
to cite a main phrase for a bit (2-4 bars) I suspect. any hints on
that would be very much appreciated. 

Hi Julien,

As others have pointed out, the legal status is unclear, probably by
the nature of the problem. Bear in mind that George Harrison was
busted for sol-mi-re in My Sweet Lord, it is the same melodic
progression as The Chiffons He's So Fine. Now, I don't know what
anyone else might think about it, but I find it hard to believe that
GH was consciously ripping off The Chiffons. From Wikipedia :

"Harrison denied deliberately plagiarising the song, but he lost the
resulting court case in 1976 as the judge deemed that Harrison had
"subconsciously" plagiarised "He's So Fine". When considering liable
earnings, "My Sweet Lord"'s contribution to the sales of All
Things Must Pass and The Best of George Harrison
were taken into account, and the judge decided a figure of
$1,599,987 was owed to Bright Tunes.
The dispute over damages became complicated when Harrison's former
manager Allen Klein purchased the copyright to
"He's So Fine" from Bright Tunes in 1978. In 1981, a district judge
decided that Klein had acted improperly, and it was agreed that
Harrison should pay Klein $587,000, the amount Klein had paid for
"He's So Fine", so he would gain nothing from the deal, and that
Harrison would take over ownership of Bright Tunes, making him the
owner of the rights to both "My Sweet Lord" and "He's So Fine" and
thus ending the copyright infringement claim. Though the dispute
dragged on into the 1990s, the district judge's decision was
upheld."

Best,

dp

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Messages in current thread:
[LAU] [slightly OT] Musical citation (what is allowed?), Julien Claassen, (Wed Nov 30, 12:47 pm)
Re: [LAU] [slightly OT] Musical citation (what is allowed?), Julien Claassen, (Wed Nov 30, 4:28 pm)
Re: [LAU] [slightly OT] Musical citation (what is allowed?), Dave Phillips, (Wed Nov 30, 1:57 pm)
Re: [LAU] [slightly OT] Musical citation (what is allowed?), Fons Adriaensen, (Wed Nov 30, 9:30 pm)
Re: [LAU] [slightly OT] Musical citation (what is allowed?), Julien Claassen, (Wed Nov 30, 8:54 pm)
Re: [LAU] [slightly OT] Musical citation (what is allowed?), Julien Claassen, (Wed Nov 30, 8:59 pm)
Re: [LAU] [slightly OT] Musical citation (what is allowed?), Jostein Chr. Andersen, (Wed Nov 30, 1:31 pm)
Re: [LAU] [slightly OT] Musical citation (what is allowed?), Sebastian Moors, (Wed Nov 30, 1:24 pm)
Re: [LAU] [slightly OT] Musical citation (what is allowed?), Julien Claassen, (Wed Nov 30, 4:14 pm)