Re: [Harp-L] Plagiarism and cost of licensing for performance

["Michael Peloquin" <peloquinharp@xxxxxxxxxxx>]

> From: windsaver@xxxxxxx
>  ... regarding the whole use of songs issue.

> When it comes to music, there really is no such thing as plagiarism per say 
> (it is known as copyright infringement).? The main reason being that? 
> artists typically do not attempt to pass off a song they did not write as 
> one they did.? Sure, an artist may become known for a signature song, but 
> they never pretend that they wrote it (e.g. Black Magic Woman is pure 
> Santana, but he did not write it.? Those credits go to Peter Green from the 
> early years of Fleetwood Mac.)? Thus, the only time you could probably 
> argue the point would be if someone took writing credits for a song (or 
> signature lick) that they clearly did not write (i.e. Ice Ice Baby and 
> Queen).? If the writer of Ice Ice Baby simply requested a license to use 
> the bass line from Queen, there would not have been an issue.? An artist 
> will play a cover tune because they like the song or are paying homage to 
> musicians they respect and not because they are trying to pass the song off 
> as their own.


I would bet that there may be no copyright to Juke.
Exactly were does the head (melody) end and the improv(solo) start?
This is very discernable on countless instrumentals (even smoovjaz)

Michael Peloquin
http://www.harpsax.com
Come check me out on MySpace at http://www.myspace.com/harpsax

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