Balancing influence with plagiarism in music

The music industry is always busy with some scandal with regards to unauthorised use of melodies, lyrics and the like. Many musicians wear their influences on their sleeves with pride. It can be a mark of one’s musical heritage and point of view on the world. This is one of the key factors in recognising the difference between influence and outright theft. 

 

Oasis and the Beatles

 

Musicians who deny the links between their influences and what they write run the danger of passing off ideas, albeit unconsciously, as their own. The English band Oasis has always stated their clear admiration of the Beatles, and stylistically this can be heard in their music. But no one would ever mistake an Oasis song for a Beatles track. The moment music stops sounding sort of like another act and can be mistaken directly for an existing track by that other act, the composer is most probably stepping over the line between influence and plagiarism.

 

 

Legally speaking, as long as the listener can clearly discern that one piece of music came from another, it is considered plagiarism. That is to say, if parts of the melody, a hook, lyrics or music are so close to an existing work that any listener can tell that they are the same, the relevant piece can be considered to have been plagiarised.

 

Success on the basis of theft

 

It is true that it is very hard to sound original in an environment in which experimentation has been the norm for over 60 years. Many new genres and styles have been invented and synthesised. Some even think that there truly is no new pop music to be made. Regardless of that, the direct duplication of melody, chord structure and rhythm is considered intellectual theft and culprits can be sued. Especially those who start to become successful on the basis of this theft.

 

Originally published in David Chislett's One, Two, One, Two: A Step By Step Guide To The South African Music Industry. Download a free copy of the book at www.davidchislett.co.za.