Raymond Horton wrote:
Thanks, Christopher, for that link, and to everyone else for the
excellent and extremely helpful advice I received here on this subject.
For example, I wonder if the opening 7-note guitar riff from
Lennon-McCartney's "Yer' Birthday, " used in a serious, somewhat
quodlibet-type composition (not sampled), used out of the blue to give a
birthday reference (in other words - meant to be recognizable) would
constitute plagiarism (my guess is probably) or could it be protected
by any sort of artistic license or any other such thing. Not really a
musical parody, but possibly close to one.
[snip]
My guess would be that such a short quotation would be alright
[disclaimer: I'm not a lawyer and this is just a guess] since it in no
way would diminish the merchantability of the original, would in no way
be mistaken for the original.
I think the only way you could parody that song would be to change the
lyrics so it didn't refer to a birthday but to a deathday or a wedding
day or some other sort of special day (even something like "They say
it's a Tuesday, We're gonna have a dull time." would be a parody) but
simply throwing in a snippet of the song (unless it were possibly in the
midst of an arrangement of The Funeral March) wouldn't, in my decidedly
non-legally-trained mind, constitute any legal parody.
--
David H. Bailey
[EMAIL PROTECTED]
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