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PLAGIARISM vs. "TRIBUTE TO..." vs. "INSPIRED BY..."


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Say you're a judge in a copyright infringement case. How can you determine if the alleged ripoff song is a

 

1) PLAGIARIZED VERSION of the original

2) TRIBUTE

or

3) INSPIRED by someone or a song

 

There is this ongoing thread at Superdrag.com and seems that a local band from my country allegedly stole some riffs, lyrics and melodies from a Superdrag song, "Garmonbozia".

 

http://p083.ezboard.com/fdragnetsuperdragbbseverythingelse.showMessage?topicID=3660.topic

 

It is so apalling because I had high regards for Sessionroad (the local band aforementioned), in fact, I invited them to play at our music bar a few months back. Should I have found out about this fiasco, I wouldn't have paid them a single penny or peanuts to play. I can also attest that the guitarist/songwriter is an ass.

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You can blatanly borrow anything you want. You don't even need permission. Sample away. Lift licks and lyrics to your hearts content. No one cares. Do a complete paradoy of your favorite pop tune a la Weird Al. You don't need to ask. Record it in a top of the line studio. Sing it everyday in your shower and in your car. Give it away to your friends. No one cares and it doesn't matter.

 

Nobody cares until... you make some money from your song. Even then you don't need permission, but you MUST pay royalties. The lawyers will be calling you....

 

A

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