The Bronx, NY asked in Copyright and Intellectual Property for New York

Q: If I took aspects of a smaller artist work to incorporate in my own song, could I be found guilty of copyright infringe

If I used synths and the background Melodie’s and the same arrangement. The lyrics and singer is completely different.

3 Lawyer Answers
Adam W. Bell
Adam W. Bell
Answered
  • Intellectual Property Lawyer
  • SF, CA

A: Yes. This is classic copyright infringement.

Damages (if any) depend on many factors.

Sheldon Starke
Sheldon Starke
Answered
  • Intellectual Property Lawyer
  • Beachwood, OH

A: If I took aspects of a smaller artist work to incorporate in my own song, could I be found guilty of copyright infringement. The answer is yes you can be. Best of luck to you. Meld your own creativity!

James L. Arrasmith
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Answered

A: If you incorporate aspects of another artist's work, such as synths, background melodies, and arrangement into your own song, there is a significant risk of copyright infringement. Copyright law protects original works of authorship, including musical compositions, and using elements of another song without permission can constitute infringement.

The fact that the lyrics and singer are different in your song does not automatically negate the possibility of infringement. If the borrowed elements are substantial and recognizable parts of the original work, this could be considered an infringement, regardless of the size or fame of the artist from whom you borrowed.

To legally use aspects of another artist's work, you typically need to obtain permission through a license. This is especially important if the elements you are using are key parts of the original song and contribute significantly to its uniqueness and recognition.

It's advisable to consult with a legal professional who is knowledgeable in copyright law. They can help you understand the specifics of your situation and guide you on the best course of action, whether it’s obtaining a license or modifying your work to avoid potential legal issues. Remember, respecting others' intellectual property is crucial in creative fields.

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