Lexus Ad: Copyright Lawsuit?

[ernstinen]

Ya know that new Christmas TV advertising for Lexus cars? The music starts out with a melody that I swear is directly stolen from John Williams' score for the classic Christmas movie "Home Alone." I haven't written down both melodies yet, but it sure sounds the same!

I'm sure the Lexus attorneys know about this, and it was done on purpose, possibly by using only what is legal to prevent from being sued by Williams; length of rip-off, changing a few notes etc. --- Anyone else noticed this?

And, legally, how much of a melody can you steal --- two bars, three bars etc. before a lawsuit is filed?

Thanks in advance,

Ern

[mazz]

It's entirely possible they licensed the piece or got permission to use an arrangement of it.

[hummingbird]

And, legally, how much of a melody can you steal --- two bars, three bars etc. before a lawsuit is filed?

with Beethoven's 4th, it would take 4 notes. As soon as the melody is recognizable.

but, as Mazz says, it's likely that they licenced the track.

[daniel481]

The first four notes are the same but after that totally different. I found out the song in the commercial is by an artist named Steve Kujala called "Family and Friends" and they've been using it in their commercials for several years. So, somewhat similar, but not really that much

[mazz]

And, legally, how much of a melody can you steal --- two bars, three bars etc. before a lawsuit is filed?

with Beethoven's 4th, it would take 4 notes. As soon as the melody is recognizable.

but, as Mazz says, it's likely that they licenced the track.

I think you mean Beethoven's 5th. dah dah dah daaaahhhhh..........

[matto]

I would have to agree with Dan, there is a resemblence but that's about it. And yeah they have been using this tune for years it comes back every Xmas like an old friend...an especially good old friend to its writer!

Btw the whole thing about there being a certain number of notes one can copy before it is infringement is an old wives' tale...the term used in copyright is "substantially similar". Which of course is rather vague and open to interpretation...
But I definitely don't think the Lexus commercial tune is substantially similar to the "Home Alone" theme...

[squids]

It used to be 13 measures but now it's 'substantially similar' as quoted above. For some songs, that's within a few notes (and that's incredible writing imho). A classic example would be the famous court fight between Garth Brooks and Kenny Loggins, when in doubt about what's substantial. That said, I agree, the first few notes do sound a bit like Williams but not enough.

[allends]

...the term used in copyright is "substantially similar". Which of course is rather vague and open to interpretation...

I just wish I had written a tune that suffered from "substantially similar" rip-offs as ubiqutous as Johann Pachelbel's Canon In D!
I do believe I would win quite a very court challenges.