Copyrighting the 'Building Blocks' of Music? Why the Katy Perry Case Alarms Producers

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A copyright infringement ruling against Katy Perry came down to just four notes in her 2013 hit, 'Dark Horse.' Music and intellectual property experts say it sets a dangerous precedent — and could encourage more lawsuits over basic similarities. (KQED)

In the trial's closing arguments, Perry's lawyer Christine Lepera said that the riffs in"Dark Horse" and"Joyful Noise" are so generic that trying to copyright them would be like"trying to own basic building blocks of music, the alphabet of music that should be available to everyone." Some music producers now fear that the Perry lawsuit lowers the bar for what qualifies as copyright infringement, leaving their industry vulnerable to predatory lawsuits.

, the founder of Molly House Records whose production credits include tracks by Cakes Da Killa and bbymutha." Keyes points to flaws in the United States' copyright system, especially when it comes to music. Just as recipes or short phrases aren't protected by copyright, basic musical conventions also belong in the public domain, he argues."When it comes to small little musical ideas, standard stock little licks or hooks, those sorts of things should not be subject to copyright," Keyes says.

 

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DrRimmer KQED This comes close to trying to copyright the laws of physics . . . .

KQED yup

KQED Maybe the descendants of long-dead John Stanford Smith who wrote Anacreon in Heaven now have a case against the USA. We stole his work note by note.

KQED This is ridiculous— and in this case looks like Christians being a**holes once again. And as a Christian, I hate that!

KQED The music industry is circling the drain.

KQED Teachers and those interested, below is an open access article about how to discuss creativity, authorship, and copyright with students via hip-hop. Give it a read/share!

KQED All music is in trouble now...

KQED I sure hope this doesn't catch fire; there are countless artists who have music that has been around for decades whose music is more than a bit similar to preceding musicians' music. We wouldn't have had the musical evolutions we had without inspiration and 'creative borrowing'.

KQED I thought you had to copy verbatim 16 measures.

KQED I hear songs all the time on the radio and hear a familiar set of notes that go to another song. Why these two songs? What’s really going on here? Was this a test case to see if they could tighten the grip of copyright further?

KQED I'm curious what a journalist with deep understanding of music and copyright like quinnnorton might have to say on the matter? Maybe the time is right to go ahead with that music copyright bot and compose every possible combination of four note beats...

KQED hmmm...listened to both songs. Neither one was worthwhile but art is subjective. Perry's song had traditional chords and melody. Flame's song was notes accompanied by rap. One phrase was similar...but both songs are very different. I think Flame got lucky with this verdict.

KQED Similarities in six notes sounds flimsy enough, but FOUR notes? I can see why the music industry is nervous.

KQED She stole the song. She's not an artist. She isn't creative.

valmles1 KQED vanilla ice, paging vanilla ice

KQED You can’t copyright four notes. Non-musician juries shouldn’t be deciding cases like this.

KQED I love Katy Perry but come on. Its the same beat!!

KQED This video does a good job of showing why this particular case is nonsense, especially since the artist suing wasn’t the first to write the musical phrase in question.

KQED These “music and intellectual property experts”... did they go to law school I remember like 5 things from those three years and one of them is that *3* notes is the minimum.

KQED This isn't new... There's only so many notes... there are bound to be similarities. Especially within the standard time signatures...

KQED She or her producers stole the damn song. It was blatant as hell.

KQED Her producer and record label should’ve checked for somgs with similar beats. They could’ve offered licensing.

KQED i personally think it’s BS...they are 2 different songs...

KQED A pop star stole off people who write music? NEVER. HAHAHAHH

KQED THIS IS HORSESHIT HOLY HELL WITH THESE COPYRIGHT TROLLS

KQED “What has been will be again, what has been done will be done again; there is nothing new under the sun.”

KQED It's the same beat though

KQED +1 for God

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