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Nell
sure thing

Registered: Feb 2001
Location: Newcastle , England
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Tony Mcguiness from A&B has listend to the samples apparently and here's what he said:
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If someone writes a melody and it gets published, the copyright in that idea belongs to the publisher.
If someone else copies the melody it is an infringement of copyright.
Claiming you never heard the original is no defence in law.
So coincidence or otherwise, if it sounds like someone else's song you are duty bound to give credit (written and financial) to the copyright owner.
If you look at the writing credits of Matt Darey's Beautiful you'll see the names Jones and Simmons, the coiners of the phrase "You are beautiful within, you are beautiful without" which Matt knicked. And he was caught red handed.
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and here's what jono grant said afterwards:
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In music law, the only real consideration is the lead melody (or "top line")and lyrics. In the case of an instrumental trance track, you are generally looking at the main riff section, the theme of the song. A part that gives the song its true identity. Counter melodies don't normally count. If the top line of this is the similar to something else, then you're in trouble, no matter what chords you have underneath.
A musicologist may begin to take into consideration genre to bolster their argument. For example, it would be a little easier to bring a case against one trance track copying another trance track than a rock track copying a trance track.
As Tony says, "not having heard the original track" isn't a valid excuse for copying something.
We are influenced all the time, when we turn on the radio, go into a shop with music playing, or dance in club. Music isn't like TV - you can look away from a TV, but it's pretty hard to avoid hearing music when it's playing near you.
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it would be harder to sue someone over just chords. The binary finary chords have been used over and over again - it's like the 12 bar blues of trance! It's top line melody. If you copied the riff of binary finary nearly note for note, then you'd be in trouble.
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that clears that up!
-Nell
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Mar-06-2004 13:21
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DJ Vale
Senior tranceaddict
Registered: Oct 2003
Location: Northants, UK
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Apr-10-2004 21:02
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Prism
Supreme tranceaddict
Registered: Aug 2001
Location:
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-really powerful trancer, to be heard in large venues played by big trance DJs...
___________________
אצעמי
Last edited by Prism on Apr-28-2004 at 02:16
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Apr-28-2004 01:50
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