fronobulax
Bassist, GAD and the Hot Mess Mods
- Joined
- May 3, 2007
- Messages
- 24,773
- Reaction score
- 8,903
- Location
- Central Virginia, USA
- Guild Total
- 5
Plagiarism is a tough call because it depends upon similarity and intent. If there are only so many ways to do something and two allegedly independent parties come up with the same solution, does that mean they were not independent or that there were so few ways to do something that similarity was almost guaranteed? Simplistically, if two songs use a major scale did one plagiarize the other?
In music you have to expect similarity in terms of chord progressions and rhythm when you are composing in a particular genre. At some point intent enters the picture and that is a hard thing to determine in court.
I will cynically note that the chord progression predates the 1970's - so the case needs to be resolved on some other factor, and if Randy California thought he had been ripped off why is it his estate that is bringing the lawsuit a decades after the fact?
And anyone who doesn't think intellectual property issues with music are confusing and ugly should look at the Zappa Estate and related feuds.
In music you have to expect similarity in terms of chord progressions and rhythm when you are composing in a particular genre. At some point intent enters the picture and that is a hard thing to determine in court.
I will cynically note that the chord progression predates the 1970's - so the case needs to be resolved on some other factor, and if Randy California thought he had been ripped off why is it his estate that is bringing the lawsuit a decades after the fact?
And anyone who doesn't think intellectual property issues with music are confusing and ugly should look at the Zappa Estate and related feuds.