Copyright Laws

[andysharifi]

Lets say 2 artists buy the same commercial loop library. If artist 1 creates a hit song using those loops, can he sue artist 2 for copyright infringement if artist 2's song has a similar feel due to the same loops being used?

[Dave Labrecque]

Lets say 2 artists buy the same commercial loop library. If artist 1 creates a hit song using those loops, can he sue artist 2 for copyright infringement if artist 2's song has a similar feel due to the same loops being used?

He can sue, but I don't think he would win. Feel isn't infringeable. I think only melody is. It maybe be broader and more complex than that, but not as broad as feel, I don't think.

[cgrafx]

Yeah, might want to talk to Alan Thicke about the Marvin Gaye lawsuit.

There was no use of melody or words and yet he lost.

[Dave Labrecque]

Yeah, might want to talk to Alan Thicke about the Marvin Gaye lawsuit.

There was no use of melody or words and yet he lost.

What happened? Was there some other "substantial" aspect that was copied? I guess it all comes down to a judge or a jury. Pretty subjective.

[Sound Machine Inc]

Lets say 2 artists buy the same commercial loop library. If artist 1 creates a hit song using those loops, can he sue artist 2 for copyright infringement if artist 2's song has a similar feel due to the same loops being used?

no he can't because the library was licensed to both, which allows any amount of commercial use.. want to have the ability to sue, play the stuff and don't use loops ;)

[Tim Miskimon]

Yeah Marvin Gaye didn't use loops - he was talented enough to create his own grooves.

[RBIngraham]

When you buy and use a library, you purchased the right to use it in your own creations, not the actual ownership of the library sounds, loops or melody. That is still owned by the creator of the library or whomever owns those publishing rights.

That is why some librariesvask you to cite their copywright if you release an album and others require that you inform them of all works you publish using those library sounds. If you read all the fine print that is.

In the end it often comes down to who has the bigger wallet to pay for the better lawyer.

[Dave Labrecque]

In the end it often comes down to who has the bigger wallet to pay for the better lawyer.

What? Since when? :eek: