I had a question regarding copyright rules and regulations?

Question

I have just created a song using certain parts of Etta James's song "At Last" but not in its entirety. I was wondering since I only used the opening and closing of the song, and also placed it into another octave if I had to get permission and would I be infringing the copyright? I also used her violins in another octave within my song and one vocal part or phrase but the rest of the song like the drums, bass, and lyrics are mine. Does this still infringe upon the copyright of her original song?

Answer 1

Yes, you would need to get permission.

What you created is called a "derivative work", and while you can be the author of the changes, the original author still has copyright over the base underlying song.

The exception is when the author has died more than 50-70 years ago, in which case the song is now public domain.

Answer 2

Yes, you are indeed infringing upon the copyright! You MUST get permission to use it. It doesn't matter that you moved it up or down any interval, OR changed the instrumentation. You have created a 'derivative composition' which is a work that merely changes part of another work, or "derives from".

Note: I frequently analyze music for several large firms with questions about copyright infringement. I do a complete analysis, harmonic, lyric, and rhythmic. You'd be amazed at what constitutes a copyright violation. What you describe IS a violation.

Answer 3

If you took it directly from a recording of hers, that's a copyright infringement. You'd have to have permission to use it before you released it. You're really better off getting the musical score and programming those bits into a sequencer or something. That way you can use the music without infringing on the copyright.

Answer 4

You have created a 'derivitive work', which is not permitted under copyright. You must have her permission, or the permission of an organization licensed to represent her, such as BMI or ASCAP.

The person that advised getting the score and doing it yourself is incorrect. You can use the score to learn the music, but you can't use it to perform the music publicly in any format, whether performing live or recorded and sold on disk, without the permission of the owner.

Answer 5

You are liking infringing on the original song's copyright, especially if you intend to publicly perform your song. It sounds like you used enough of the song to constitute a violation of copyright laws.

Answer 6

I seem to remember it is 4 bars on the musical score and it's a copy, sure enough. And, that's a recollection from when George Harrison inadvertently copied "My Sweet Lord". Also, there is a growing field of study involved using software to analyze music against a database.

Answer 7

Yes, you'll need to pay mechanical royalties to record the work. The rate is 8 cents for a song 5 minutes long or less. So, if you record it, you'll have to pay 8 cents per recording that you sell.