Walking the fine line between homage and copyright infringement
By Mini Radebe
The process of making music is one that is said to be deeply personal and sentimental, so confusion is a common feeling amongst composers when faced with a possible copyright infringement case. Whilst you as a composer were in fact the one that either wrote or composed the work, are you sure it’s 100% original?
When we talk about the different genres that exist within the music industry, there are some that have been able to stand the test of time. Long enough to exist in a new age where there is an opportunity for new composers to “use” it in the making of their songs. This is something that should be encouraged more in the music industry to add to the shelf life of a catalogue. But what happens when “inspiration” goes too far? Any work that is created but contains derivative elements from another copyright requires permission. Whilst certain elements within a genre can be so common that they are not copyrightable – if there is enough proof of a composer using the actual work of the previous composer without their permission, there could be consequences.
This is what happened in the case of Marvin Gaye’s Estate vs Robin Thicke. In 2013 Robin Thicke released a song called Blurred Lines ft Pharrell Williams& T.I. A song that went on to generate millions. However, the Gaye family felt the song sounded too ‘similar’ to the famous hit “Got to Give It Up” by the late singer which was released in 1977 and was also a hit in its own right. This is a case that took 5 years to resolve which ended in the Gaye family winning the lawsuit. The verdict was substantiated by Mr. Thicke participating in public interviews stating he was “paying homage” to Marvin Gaye and was influenced by this music. The courts had ruled whilst there wasn’t a direct copy from “Got to Give It Up”, it sounded similar enough to warrant a copyright infringement.
Cases such as these have left composers and authors feeling nervous about their creative process. This can be seen as a negative and positive. Whilst one can argue that this could deter creators from drawing ‘influences’ from the past, it can simultaneously force them to interrogate their creative process and ensure they are doing things correctly. Sample clearance is a practice that must be respected that needs to not only to credit the work of the previous composers, but to also avoid the legal trouble that comes with infringement, which in turn can often be very long and very expensive.
Peech Consulting supports this ruling but would like to prevent such from happening to any future composers. Music Advisory services are now available to make sure the path to sample clearance is peachy! Visit our website for more.
Image Credits: Spotify
Take A Bite: Volume 1
We’re putting our sample clearance knowledge to work! Our debut playlist features the original tracks behind some of today’s biggest hits. Think of it as a musical history lesson—and a reminder of why proper clearance matters. Enjoy!