What is Copyright with Moira McKenzie

COPYRIGHT PROTECTS YOUR SONG

Copyright

1. Is a legal right that protects creative works - like your song!

2. Is free and automatic.

3. Exists from the moment you record or write down your song.

So what part of your song is protected?

There are many copyright disputes in music.

Some even end up in court.

David Bowie and Queen VS Vanilla Ice is one famous example.

Listen to both songs

  • What do you notice about the bass lines?
  • Can you sing Under Pressure over Ice Ice Baby?

did you hear the similarities?

Vanilla Ice used the bass line without asking permission from the copyright owners.

He copied both:

  • the music (the bass line they wrote)
  • the sound recording (by sampling the actual Queen & David Bowie recording).

Queen & David Bowie took action.

The case was settled — David Bowie and Queen now have songwriting credits and get royalties from Ice Ice Baby.

Stay with me vs i won't back down

In 2015, Sam Smith’s song Stay With Me was accused of copying a melody and chord progression from Tom Petty’s song I Won’t Back Down.

While Smith claimed the similarity was unintentional, Smith agreed to give Petty a percentage of the royalties.

Listen

Listen for the similarities between the two songs below. Pay close attention to the vocal melodies and chords.

Sing

Sing the chorus of Stay With Me over I Won’t Back Down – Does it fit? Do you think it’s similar or different?

Discuss

  • Do you hear similarities between the two songs? What stands out to you?
  • Which parts of the song do you think was disputed?
    Music (melody/chords)
    Lyrics (the words)
    Recording (a sample of the actual audio)
  • Do you think Sam Smith intentionally copied Tom Petty’s song, or was it a coincidence?
  • Should artists be required to pay royalties when their songs sound like others, even if unintentional? Why or why not?

Share your answers with the class

Wait.... what are royalties?

Wrote a song? Royalties help you get paid for it

ED SHEERAN vs MARVIN GAYE

interview with nikki tuckwell from apra amcos
comparision of 'thinking out loud' and 'let's get it on'
What was the outcome?

Here, Ed Sheeran defends common musical elements as shared tools:

Where do we draw the line between inspiration and infringement?

Songwriters often use familiar chord progressions, melodies, and rhythms – just like painters use common colours and techniques.

In small groups, discuss these questions and share your answers with the class:

  1. If creativity builds on what came before, at what point does borrowing become copying?
  2. Should artists be able to own common musical building blocks that are widely used, or does that limit creativity for future musicians? Why/why not?

You be the judge!

Choose one of the famous copyright cases below and answer the following questions

STEP 1 Listen and Analyse

  1. Do the songs sound alike?
  2. What stands out to you? Does melody, chords, lyrics, or rhythm feel similar?
  3. If you were the judge, what would you decide? Has the artist infringed copyright or is it just musical inspiration?

STEP 2 Research Time!

Research the details:

  1. What was claimed to be similar? Was it the music, lyrics, or recording?
  2. What was the outcome of the case?
  3. Do you agree with the outcome? Why/why not?

FAMOUS COPYRIGHT CASES

The Accused

Stairway To Heaven

VS

The Original

TAURUS

The Accused

DARK HORSE

VS

The Original

JOYFUL NOISE

The Accused

Uptown Funk

VS

The Original

Oops upside your head

Explore Copyright

1. Copyright in Australia - The copyright cases we've looked at so far are mostly based in the UK and USA.

But Australia has its own copyright laws.

So what protects your song in Australia?

2. Copyright beyond Music

Copyright applies to a range of creative works beyond music.

The SongMakers program acknowledges the Aboriginal and Torres Strait Islander custodians of Country throughout Australia. We pay our respects to them, their culture, and their Elders past, present and future.