• From: The Land Of Song
  • Registered: 2007-12-10
  • Posts: 5,704

Topic: copyright question

I've been asked to do a parody of the Killers "Human." It will be about my local rugby team, the Scarlets and will be mostly about the team and the game of rugby. The initial piece I've got has one or two lines that are on the original. So, as there has been a discussion about copyright recently and it's unlikely the song will be played outside of Llanelli (may not be heard at all) if I put it on Soundcloud or similar am I likely to get sued?

Ask not what Chordie can do for you, but what you can do for Chordie.

Phill Williams's Website

2 Reply by Peatle Jville (edited by Peatle Jville 2017-12-30 22:52:22)

  • Registered: 2015-07-31
  • Posts: 2,793

Re: copyright question

Even though it could be considered not  legal, what you want to do, most  artist will not sue someone for doing a parody if they can see your not going to make a fortune out of it. After the Eminem case in New Zealand it could mean if the club use your Parody they could be sued. It is a minefield. Legally people are expected to pay for songs even if they use them in a church or charity unless they have permission of the composer and publisher.
It is usually pretty safe and the artist will in most cases only sue if they think that your a person who has the ability to payout big money in a court case. The main thing is to state it is parody of and your doing it for  fun not money. Soundcloud will take it down if the artist complains. The way things are today if the artist thinks your making serious money then they will sue you. I heard Paul McCartney been interviewed about people doing his songs on youtube without consents. He said something along the lines as long as they are having fun with it he didnt mind but if they were selling it and making  big money,or for big personal  financial gain he didn't like it. He even admitted that sometimes he checks out people doing some of his songs on youtube and has enjoyed some of their efforts. Apparently his agent will ask him when songs covered by other's  on the net take of in numbers by those who havent paid for them what he wants them to do.  I had one of my songs taken down by soundcloud as they thought it was too much like anotherr artists song.  They emailed me and gave me the opportunity to oppose their action. I didn't as I could see that my song was very similar to a song writen by some person in Israel who I  never had heard of or listened to before. Having said that it is most probably impossible to write a song that is completly original. Someone somewhere has most probably done something simililar.

  • From: Virginia, USA
  • Registered: 2016-02-07
  • Posts: 923

Re: copyright question

I am not an attorney however I just called a fiend who is. He said you do not know who might send to someone else and it could backfire for you. What he said is with your talent a totally original song is safer. If you make it parity it still has to have more original words.  Even Weird Al got permission from the artist he was doing a parity for before he recorded it. Phill he did not know why I asking  however this is the other side to consider.

Music is what feelings sound like.
Music is life, that why our hearts have beats.
  • Registered: 2015-07-31
  • Posts: 2,793

Re: copyright question

Good advice Classical Guitar.

  • From: The Land Of Song
  • Registered: 2007-12-10
  • Posts: 5,704

Re: copyright question

thanks for replying guys, i wonder would you mind giving the song a listen and giving me a considered opinion as to whether i've gone too far?

Ask not what Chordie can do for you, but what you can do for Chordie.

Phill Williams's Website

  • Registered: 2015-07-31
  • Posts: 2,793

Re: copyright question

Even listening to your song Phill I couldn't give you a safe answer.  The New Zealand  Enimen case took along time because of all the differant expert opnions. One thing for sure is I am not an expert in this area.
The New Zealand defenition of an expert is a Ex Spurt is a drip under pressure

  • Registered: 2015-07-31
  • Posts: 2,793

Re: copyright question

Even listening to your song Phill I couldn't give you a safe answer.  The New Zealand  Enimen case took along time because of all the differant expert opnions. One thing for sure is I am not an expert in this area. It is a bit like taking a bet on a racehorse. My sister is an expert on race horses even she can't pick the winner of a horse race.
The New Zealand defenition of an expert is a Ex Spurt is a drip under pressure

  • From: Virginia, USA
  • Registered: 2016-02-07
  • Posts: 923

Re: copyright question

Phill  either post a link or email it and would like to hear it.

Music is what feelings sound like.
Music is life, that why our hearts have beats.
  • From: Probably Somewhere
  • Registered: 2010-12-09
  • Posts: 2,446

Re: copyright question

I’m not an attorney but have dealt with countless intellectual property matters in my time.

You’d be fine if this was happening in US. It’s a work of parody, you aren’t making money on it, and even if an artist got pissy worst that would happen is SoundCloud would get a dmca take down notice and send you a nasty gram.

  • From: Perth
  • Registered: 2017-09-27
  • Posts: 1,454

Re: copyright question

Classical Guitar wrote:

I am not an attorney however I just called a fiend who is.

Your typo made me LOL ...

-[ Musician, writer, guitarist, singer ]-
Bandcamp     https://richardmortimer.bandcamp.com/follow_me
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  • From: Western Oregon,US
  • Registered: 2008-07-22
  • Posts: 2,498

Re: copyright question

neophytte wrote:
Classical Guitar wrote:

I am not an attorney however I just called a fiend who is.

Your typo made me LOL ...

Was that a Typo???  big_smile

"what is this quintessence of dust?"  - Shakespeare
  • From: The Land Of Song
  • Registered: 2007-12-10
  • Posts: 5,704

Re: copyright question

I thought all attorneys (lawyers) were FIEND'S !!! I hadn't noticed the typo till you mentioned it.

Thanks for all your advice guys. CG, I'll email you an MP3 with the words and explanation ASAP.

Thanks again

Ask not what Chordie can do for you, but what you can do for Chordie.

Phill Williams's Website