Lehighton, PA asked in Copyright for Pennsylvania

Q: I’m in a band and we are planning on releasing an original that has a same basics of another song. Will we get sued?

I’m in high school and I’m in a garage band that has performed live before. We believe we are qualified to make original songs. At practice, I showed the band a riff I came up with. We made a song out of it, but are still working on it. I showed it to one of my friends outside of our band, and they said that it sounded like “say it ain’t so” by Weezer. Weezer’s chord progression is: C#m, G#, A, and E. Ours is C#m7, G#, Asus2, and E. We basically have the same chord layout, but our song is higher paced, heavier, has different lyrics, and different elements in some parts of our song. I’ve never even heard of weezer’s song before I made those chords. So, if we continue this song and release it, will we get sued?

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1 Lawyer Answer
James L. Arrasmith
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Answered

A: It’s common for songs to share similar chord progressions, especially in popular music where certain progressions are used often. What sets songs apart are elements like melody, lyrics, rhythm, instrumentation, and overall style. Based on your description, your song is faster, heavier, and has different lyrics and other musical elements, so it’s not an identical copy of Weezer’s "Say It Ain’t So."

The chords alone typically aren’t enough to trigger legal action unless the similarity extends to unique and recognizable elements of the song, like the melody or lyrics. If you’ve never heard the Weezer song before, it’s even less likely you could be accused of intentionally copying it. Intent and originality are important factors when determining copyright issues.

That said, it’s good to keep refining the song to make sure it stands apart and has your own unique flair. With different pacing, lyrics, and heavier sound, you’re likely creating something distinct enough to stand on its own. Keep being creative and sharing your music confidently!

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