Some elements belong only to you, the copyright owner, while others are considered common musical building blocks anyone can use.
So what part of your song is protected?
IN more detail
What is not protected
Some parts of music are too common to be protected by copyright.
1. Common chord progressions and harmony
Common progressions like I/III/IV/iv (C/E/F/Fm – used in the case study below) or simple harmonies are free to use. Even unusual ones are rarely protected.
2. Rhythms and drum beats
Basic rhythms (like a standard rock beat or a 12-bar blues shuffle) are for all to use.
3. Song Structures
Common song structures (like verse-chorus and 12 bar blues) can be used by anyone. Even unusual ones are rarely protected.
BUT
The way you combine these parts can be protected.
Think of them like Lego bricks – it’s your creation that counts.
RADIOHEAD VS THE HOLLIES
Radiohead wrote Creep using elements from The Air That I Breathe as inspiration – including the melody and chords!
The chords alone weren’t the issue – it was how they worked with the melody that made the songs sound alike.
This led to a copyright claim.
Radiohead agreed to credit the songwriters of The Air That I Breathe on Creep.
I - III- IV - iv CHORD PROGRESSION
The I/III/IV/iv (C/E/F/Fm) chord progression used in Creep and The Air That I Breathe appears in many songs.
Chord progressions alone aren’t protected — what’s protected is the unique way the song’s elements are combined.
That’s why songs with the same chords can sound completely different.
Other Examples
CREEP VS GET FREE
Get Free
Lana Del Rey’s Get Free was said to sound like Creep – specifically the melody and chords.
Del Rey said it was a coincidence. The case didn’t go to court and the songwriting credits stayed the same.
CREEP VS VAMPIRE
VAMPIRE
Some people think that Olivia Rodrigo Vampire sounds like Creep – because of the chords.
But this progression has been used in many songs.
Similarities like this often happen naturally in songwriting.
In fact there are loads of songs out there that use this chord progression!
What else isn't protected
1. Ideas
If you haven’t expressed your ideas (by writing them down or recording them), they’re not protected.
2. Names and Song Titles
Whether an album name or song title, these are usually too short and general to be copyrighted.
3. Common Phrases and Short Lyrics
Lyrics such as I love you or Dance all night are too common to be protected.
4. Expired Copyright
When copyright ends, the work enters the public domain and is no longer protected. Learn more here!
5. Band Names
Band names are not protected by copyright. They can be protected by trademark law, but that’s a whole other thing!
What’s Protected? What’s Not?
In small groups, talk about each one and decide if it’s protected by copyright or not
- The lyrics you wrote for your song (e.g. your own words)
- The way your melody and chords work together (your tune + chords)
- A simple rock beat
- The title of your song (just the name)
- A recording you made of your song (phone or studio)
- The idea for a song you haven’t recorded or written down yet (in your head only)
- Your guitar riff that’s unique to your song (only you play it that way)
