11-07-2012, 05:02 PM
I believe that Seamus is mistaken. There have been comparisons to the REM song, but there was no plagiarism as far as I can tell.
In music publishing one can copyright the lyrics (words) and/or the music (melody). One can sometimes copyright performance, but
with less force than the words and music.
The courts have held that: infringement may occur where the "whole meritorious part of the song" is incorporated into another song,
without any substantial alteration. Or that the song in question or a part thereof is substantially similar to a previously copyrighted song
and used or incorporated without permission from the copyright holder.
In the case of "We Didn't Start the Fire" there is absolutely nothing lyrically identical to the REM song. There are also no "melodic
passages or phrases" that are identical to the REM song.
However, both songs have a feel similar to Bob Dylan's Subterranean Homesick Blues. Yet, neither song is substantially similar to
it melodically and none of the lyrics crossover either. I would limit that similarity to "feel" and/or "style" neither of which are elements
of copyright law by themselves.
Perhaps Seamus can direct us to evidence of the settlement between the parties involved.
In music publishing one can copyright the lyrics (words) and/or the music (melody). One can sometimes copyright performance, but
with less force than the words and music.
The courts have held that: infringement may occur where the "whole meritorious part of the song" is incorporated into another song,
without any substantial alteration. Or that the song in question or a part thereof is substantially similar to a previously copyrighted song
and used or incorporated without permission from the copyright holder.
In the case of "We Didn't Start the Fire" there is absolutely nothing lyrically identical to the REM song. There are also no "melodic
passages or phrases" that are identical to the REM song.
However, both songs have a feel similar to Bob Dylan's Subterranean Homesick Blues. Yet, neither song is substantially similar to
it melodically and none of the lyrics crossover either. I would limit that similarity to "feel" and/or "style" neither of which are elements
of copyright law by themselves.
Perhaps Seamus can direct us to evidence of the settlement between the parties involved.
GO_SECURE
monk
"It is difficult to abolish prejudice in those bereft of ideas. The more hatred is superficial, the more it runs deep."
James Hepburn -- Farewell America (1968)
monk
"It is difficult to abolish prejudice in those bereft of ideas. The more hatred is superficial, the more it runs deep."
James Hepburn -- Farewell America (1968)