Is it illegal to copy a melody?

Music compositions*, like other forms of creative expression, are protected by copyright under the law. Under the Copyright Act of 1976, which took effect in 1978, anytime a person writes or records an original piece of music, a copyright automatically exists.
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Can you get copyrighted for using a melody?

COPYRIGHT WORKS IN A SONG. A song is the combination of melody and words. Each is protected by copyright: the melody as a musical work and the lyrics as a literary work. One or the other could be used separately and still be protected.
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Can you get sued for stealing a melody?

Musicians must avoid any melody that's ever been written, or they can be sued. This can occur even if they have never heard the other song before, or maybe they did hear it many years ago and forgot it. It's actually possible for artists to be sued for subconsciously infringing on another's work.
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Is remaking a song legal?

Once an artist releases their musical work, anyone can create and distribute their own sound recording of the work (i.e. release a 'cover') as long they secure a mechanical license and pay the owner of the musical work a 'mechanical royalty' (currently 9.1 ¢ per copy of the song).
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What happens if a song sounds like another song?

Most frequently, it's the melody — not usually the lyric — that sounds like something else. And it's more specific than that… it's often the shape of the melody. So if you find that you've accidentally co-opted some other songwriter's melody, change enough of your own that the shape is different.
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Every Melody Has Been Copyrighted (and they're all on this hard drive)



How do you know if a melody is copyrighted?

There's no way to find out for sure that your melody has never been used before because there are many songs that have never been published, recorded or publicly performed. But those that have been recorded number in the millions, so there isn't really a practical way to compare each one.
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Is it okay for songs to have the same melody?

For a song to be actual plagiarism, a substantial portion of its melody has to be exactly the same as the other song's. As we'll see, this is actually hard (though not impossible) to do.
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How much can you copy without infringing copyright?

You may use up to 10%, but no more than 3 minutes, of a single movie, TV show or video. You may use up to 10%, but no more than 30 seconds, of music and lyrics from a single musical work. You must purchase performance rights to hold a live performance of a copyrighted work.
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Can I sing a copyrighted song on YouTube?

The fact is that unless your video is only for your personal use (as in, not sharing it online anywhere) you must get permission from the copyright holder to use any music on YouTube. This is the best way to not run into any copyright issues – but doing so isn't always easy.
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Can you plagiarize a melody?

Music plagiarism is the use or close imitation of another author's music while representing it as one's own original work. Plagiarism in music now occurs in two contexts—with a musical idea (that is, a melody or motif) or sampling (taking a portion of one sound recording and reusing it in a different song).
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Are riffs copyrighted?

You CAN'T copyright:

Now, for all intents and purposes, a "song" is comprised of lyrics and a melody for purposes of copyright. In general terms, drum beats, riffs, bass lines, etc. don't count.
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What happens if you accidentally plagiarize a song?

Contrary to popular myth, there is no maximum number of notes you can copy 'legally'. If your song sounds recognisably like part of another song, and the other side can demonstrate in court that copying has occurred, you could end up owing someone a lot of money, or even lose ownership of your own work.
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How do I get permission to use a song?

In general, the permissions process involves a simple five-step procedure:
  1. Determine if permission is needed.
  2. Identify the owner.
  3. Identify the rights needed.
  4. Contact the owner and negotiate whether payment is required.
  5. Get your permission agreement in writing.
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How can I legally use copyrighted music?

Put simply; you can legally use music in videos if you have permission from the person, people, or company who owns the rights. Since the publisher and the record label usually hold music rights, you'll have to get permission from both. From the publisher or composer, you'll get a synchronization (or sync license).
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Can you write a song based on another song?

It's easier to compose a song based on another song, set of songs, or in the style of a specific composer/album/etc. Listen to the music you want to compose in the style of (many examples if you can) so you figure out their typical chord progressions, rhythmic patterns, accompaniment patterns, instrumentation, etc.
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How do you tell if you are plagiarizing a song?

What is the Legal Test for Music Plagiarism?
  1. 1) Access – that the infringer had heard, or could reasonably be presumed to have heard, the original song prior to writing their song; and.
  2. 2) Substantial Similarity – that the average listener can tell that one song has been copied from the other.
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Do artists need permission to cover songs?

1. You Don't Need Permission to Cover a Song. A common misconception in the music industry is that you need to receive permission from the original composer in order to record a cover version of their song. However, US copyright law makes it much easier than that for artists wishing to cover a piece of music.
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Can I use copyrighted music if I give credit?

As a general rule, you can not use copyrighted music simply by giving credit. You must have permission from the music copyright owner before using music in your content and projects.
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Can you parody a song without permission?

Since copyright law prohibits the substantial use of a copyrighted work without permission of the copyright owner, and because such permission is highly unlikely when the use is to create a parody, it may be necessary for the parodist to rely on the fair-use defense to forestall any liability for copyright infringement ...
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Is the Mona Lisa copyrighted?

For example, the Mona Lisa is in the public domain because Leonardo da Vinci died more than 70 years ago, but you can also find photographs of the Mona Lisa that are free to use here.
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Does giving credit avoid copyright?

Common copyright myths

Doing any of the following will not protect your content from copyright takedown requests or Content ID claims. Giving credit to the copyright owner doesn't automatically give you the rights to use their copyrighted work.
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What counts as fair use?

For example, in the United States, copyright rights are limited by the doctrine of "fair use," under which certain uses of copyrighted material for, but not limited to, criticism, commentary, news reporting, teaching, scholarship, or research may be considered fair.
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