"Quoting" from another song - The legal question

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James Nighthawk

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« on: April 02, 2014, 02:38:44 PM »
Here is one for you all...

I am writing a song (I do this sometimes  ;) ) In the song, I have a coda where, cheekily, the line

Psycho Killer
Qu'est-ce que c'est


fits perfectly to the theme, and the music.

It is one line only, and I am mostly "saying" rather than singing the melody. (Not too far from the original, I guess!)

I am purposefully quoting. Not stealing. Now. Do I need permission to do this? Is a cheeky lift fine?

Should this end up on an album I release down the line, I don't want to run into litigious B.S. Even as small fry you need to be careful...

Thoughts? Knowledge people?

Jx
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Alan Starkie

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« Reply #1 on: April 02, 2014, 03:11:10 PM »
Be careful James.

There are two copyright issues to deal with in songs :

The Topline and the Lyric.

This is clearly a Talking Heads Lyric and, as such, is protected.

Go by the book. It ain't worth it.

Boydie

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« Reply #2 on: April 02, 2014, 04:27:47 PM »
I agree - it is definitely not worth the risk

HOWEVER, I do think if you played it "by the book" and contacted the relevant people to ask for permission you might be pleasantly surprised

In all honesty I can't think why you would not get permission from the copyright holder to use the line if you were up front, professional and honest

It may even open some doors by asking - ie they might want to hear the track before approving it

It could actually turn out to be a cheeky way in!
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James Nighthawk

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« Reply #3 on: April 02, 2014, 04:55:48 PM »
I am clearly concerned about this, but on the flipside, I do see the benefits.

Like a cover: people love the thing they know, so covers bring this. A reference/quote is actually really common in pop music. I just wonder how it works... do these all get cleared, or is there a line where a certain amount of quotation is allowed? I suppose that was my question!

Did Noel G sue Travis for the line "and what's a wonderwall anyway?"

The song had the same chord sequence and the nerve to then nod to the song.

This legal stuff is a brain freeze!
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Alan Starkie

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« Reply #4 on: April 02, 2014, 05:54:30 PM »
Chord sequences aren't copyrighted.

Topline melodies and lyrics are.

Just email the artists/song publisher and get permission.

'Wonderwall' is taken from an old George Harrison song anyway.