How many characteristics of a song can be reproduced in a new one without infringement? Is copying a song’s title and key (e.g. D major) enough?
I’m not a lawyer and didn’t look anything up beforehand so I could be wrong but I’m pretty sure the only thing that is “protected” legally is the master recording of the song. Which is why things like covers and parodies are legally ok, even though they’re more or less direct copies of the song made by a different artist. But if you use the actual recording of a song (even if edited beyond recognition) it needs to be cleared by whoever owns the rights to the song.
It’s actually an involved legal question. There’s been lots and lots of court cases over whether a song just samples a bit from another one, or is similar to another one, or if it’s copied.
I remember the one over Blurred Lines (which, unrelatedly, I can’t believe flew in 2013) got a lot of media attention.
Under Ice Ice Pressure Baby
But theirs goes “dun dun dun diggy dun dun… dun dun dun diggy dun dun” OURS goes “dun dun dun diggy dun dun DUN dun dun dun diggy dun dun” Totally different.
Lil Nas X used a sample from Nine Inch Nails for Old Town Road and didn’t get it cleared prior to it becoming a success. Reznor decided to clear it, though.
The Verve used a sample from an orchestral version of a Rolling Stones song and the Stones got all the royalties from 1997-2019.
Go take a look at how many songs are called “Hold On.”
There are certain aspects of a musical composition that, by themselves, cannot be claimed as unique intellectual property. The title is one of those. And there are a very finite number of keys and modes you can use. So with the combination of the two, you’re safe.
Now when you begin to combine things like lyrics, melody, hooks, chord progressions, etc, it becomes a gray area. Conscientious songwriters will take care to ensure their new material doesn’t accidentally mimic someone else’s work. And if someone wants to take you to court, they have to prove intent on your part to copy their property.
