EXS 24 Logic Sampler Users Group

In a message dated 2/13/02 10:22:21 AM, joeri@... writes:

>>There is copyright on a melodie or a rythme not on a simple sound....

>>
>You have two kinds of copyrights. One on the "master tape (= recording)"
>
>and one on melodies etc (= musical stuff).
>http://www.wipo.org for full info.

That is correct, and where so much of the confusion lies. Every modern 
musician should learn what the difference is IMO, otherwise it will bite you 
at some point if you're serious about your music.

One side note:

Regarding the copyright of a musical work, the law is based primarily on 
melody and lyric. An arrangement can also be copyrighted. However, 
contradictory to this post, a rhythm cannot be copyrighted. This is why 
different records can have the same rhythmic pattern, because it isn't 
possible to protect the musical pattern. Where the confusion comes for most 
people is that they assume that you can then use a sampled loop (which is 
illegal because ANY sound recording is fully protected under the Sound Recor
ding copyright act.) So you can't copyright a groove, but you can copyright a 
recording of that groove. That's why "sound alike" recordings are often done.

The basis for this law is interesting. In the early part of the 20th century, 
Irving Berlin tried to copyright all of the chords, so that noone could use 
his harmony. Luckily for all of us, the judge wisely ruled that harmony and 
rhythm are essential elements of all music, and you can't "own" them. It 
makes a lot of sense if you think about it....you can own your musical 
composition and the recording/duplication rights to it, but not the musical 
elements like the rhythm and the chords.

I've often thought about what the laws would be like if they were all written 
from scratch today, in a musical landscape where melody and lyric are not as 
important as they used to be.

-EP