HELP! Copyright Problem! Copyright office e-mailed me! :(

[Len911]

Sue, the "don't touch this" part might be MC Hammer, but the song is Rick James' "Superfreak". Here is a youtube video.
http://www.youtube.com/watch?v=Ws3Z66U6RKc

I have the cd of Rick James with Superfreak, the lyrics are hardly suitable for children, "...she's a very kinky girl, the kind you don't take home to mama...". Any parents that heard your music would probably be shocked,lol!

Here is a Wiki on the song, "Superfreak"
http://en.wikipedia.org/wiki/Super_Freak

[mojobone]

My opinion, your opening riff for Johnny Was A Jerk IS too close to Judy In Disguise, and it was a big enough hit that it would be nigh-impossible to claim to have never heard it, as oldies and Muzak are omnipresent. "Don't Touch This" is maybe just as problematic; your riff isn't that close to Superfreak, the one MC Hammer ripped from Rick James, (he paid, though) but the spoken "don't touch this" is more on-the-nose, which is probably why the letter referenced MC Hammer rather than Rick James. Your songs clearly don't fall under the parody clause. You could re-work the "Johnny" riff, but in the second case, I'd say you might as well scrap it, unless you're willing to split royalties with Hammer's publisher.

[suezq]

Thanks, mojo! I sure don't see why I can't use the words (my title), "Don't Touch Them." I don't think you can copyright a title. Plus Hammer's title is "U Can't Touch This," versus my title, "Don't Touch Them."
Anyway, I think I can re-work the rap fairly easy. Kids would like ANY kind of rap beat! If it's drums and they can dance to it, they like it!

"Johnny Was a Jerk" will be more of a challenge to re-do, but I can do it.

This CD I submitted was just an old home recording. I've got to re-do everything anyway.

PLUS, I have another ALBUM called "Stamp Out Drugs," too!

Plus . . . I've got a couple of other anti-drug songs in my head that I can add, too.

MOJO, thank you SO much for taking time to help! I really appreciate you!

MEOW!

[mojobone]

Think you'd be okay with the riff or title by themselves, but juxtaposed in that order and right next to each other is likely the rub.

[suezq]

Good point, mojo! Thanks again!

[j03]

I seem to remember hearing one time about some copyright guidelines (or law) about a certain "number of notes" (or something like that) that "could" be used from another musical passage without infringing on a copyright, but I don't remember what it was or where it was. I guess I'll have to research that, too.

I also heard something about this. From what I remember, you need atleast 4 notes in a song for eligibility to be copywritten, and something about if you try to copy those same notes in sequence from another song, whether purposely/coincidence, its copyright infringement.
Now, I don't know if this is true or if this is accurate but its just what I remember being told from a friend who has been a percussionist for many years.

[suezq]

Thanks, j03! If you hear anything else on this topic, let me know!

[j03]

Thanks, j03! If you hear anything else on this topic, let me know!

Will do!
Stuff like this isn't so obvious or hard to find, but it is totally necessary.
I'll do some research and post on any official findings on this subject.

[Len911]

Many places are starting to make use of copyright verification software, some is for written word, audio and even video. Youtube has it, and apparently the copyright office has it also. I am sure the algorithms make use of the parameters of what constitutes infringement, because I believe companies could be held liable if they say your work violates copyright laws when it doesn't. If I were to speculate, I would say that the software probably flags the songs, and then a person listens to the flagged ones for confirmation. Obviously the copyright office doesn't have enough people to listen to everything that comes through, and even if they did, know and be familiar with every song out there, then and now.

[suezq]

Yes, Len, I bet that's the case. I used Soundhound on my iPhone and hummed my 7-note motif that I have in my rap song, "Don't Touch Them," and NOTHING at all came up at all.

I'm sure the software exists. Finding it for consumer use might be tricky. Let me know if you find it!

Thanks again, Len!