ok so my father wrote this song about me had it copyrighted and such but then passed away. now the song sweet escape has the same rythm and beat, can we challenge this or no? and what are the guidelines for this?
2007-12-12 11:50:55 · 4 answers · asked by leelee 2 in Politics & Government ➔ Law & Ethics
It depends on a number of factors, such as when the song was written and copyrighted, and whether or not he made the song accessible to others, particularly the producers of the new song that sounds similar.
In order to prove copyright infringement, you need to prove that the infringer had access to the copyrighted work and copied it. It's a sliding scale as to how much access v. copying is necessary to prove infringement, so the more access that you can prove the infringer had to the copyrighted work (e.g., if you can show the letter your father sent to them which enclosed a recording of the song), then the less similarities you need to show between the two works, and vice versa.
2007-12-12 12:03:41 · answer #1 · answered by Mr.Samsa 7 · 0⤊ 0⤋
No they don't seem to be included by means of copyright and so they are not able to be included by means of copyright by means of you or someone else. No one owns those symbols despite the fact that their style and which means is included by means of global authorized treaties. There isn't any such factor as 'copyrighting' whatever. It is a meaningless expression and suggests a whole false impression of the ideas. Copyright (actually the correct to replicate) applies to all inventive and artistic works (taken to comprise program code), without reference to its advantage, from the second the paintings is created. No further movement is needed for the correct to exist and there's no price worried. The correct belongs to the writer of the paintings despite the fact that, as with all different estate correct, it may be offered, assigned or certified. Copyright applies even supposing you do not use the copyright image or use the phrase 'copyright'. Despite that, it may be a well inspiration to make use of a proper copyright detect (within the style "Copyright, the title of the correct holder and the 12 months') because it serves to remind different persons that they are not able to replica your ingenious paintings .... despite the fact that it does not appear to give up persons copying tune, program or movies.
2016-09-05 10:25:04 · answer #2 · answered by duenas 1 · 0⤊ 0⤋
If you honestly think the other song and the song your father wrote are the same note for note, I'd talk to a lawyer specializing in copyright infringment. As I understand it, if your father copyrighted his song, then the copyright is good for 70 years after his death. If not renewed, then it goes into the public domain. That means it's up for grabs.
I'm not a lawyer, so talk to someone who is. That's my advice to you. Good Luck!
2007-12-12 12:02:09 · answer #3 · answered by stef_leppard 3 · 0⤊ 0⤋
i would contact a lawyer, theres some law that says how alike songs can be without copyright infringment. i think they can be pretty close though...think ice ice baby vs. under pressure
2007-12-12 12:01:22 · answer #4 · answered by kristin 3 · 0⤊ 0⤋