Exclusive contract question ...

[PeterD]

Hey everyone,

If a song has been put under exclusive contract and the original name of the song has been changed, etc., what are the penalties for writing a sound-alike (with some variation) for another library with a new name?

Is this advised/legal?

Thanks,

[Russell Landwehr]

If your sound-a-like would pass the copyright infringement test (as if the original wasn't your song), then you're okay. If the sound-a-like is more like a "derivative work" then I could see trouble brewing.

[PeterD]

Mmmm ... Good point, Russell. I sort of figured that.

Was thinking about all those Ace of Base songs that sound like the same song. That's a whole other set of issues though ...

Do you think similar drums, slightly different bass, and a chord structure very similar to the original (only in a different key) is too close for comfort? Probably tough to tell without A/B-ing them.

[cassmcentee]

Peter, I would say "Track it Anyways"
Usually by the time you are done you will find new ideas along the way
Especially when you change the key
Tonal variety offers a different set of emotions
There is that talk about finding a niche
If you get called for one track, it would be good to have a couple more in the same vein ready
Increases your value!

just a thought
Cass

[andygabrys]

i agree with Cass. you will probably sabotage it enough that it will end up different.

also - its a copyright issue right. so its either has to be substantially like the original in sound / performance or in melody / rhythm to be in violation.

no copyright on chord progressions or drum beats. but you could just as easily turn the chord progression front to back and have a totally different vibe.

Have confidence that you can write more in a similar vibe without ripping yourself off. you might sweat a bit, but you can do it.

[Russell Landwehr]

Do you think similar drums, slightly different bass, and a chord structure very similar to the original (only in a different key) is too close for comfort? Probably tough to tell without A/B-ing them.

Like Cass and Andy said. If you are changing the drums somewhat, changing the bass, changing the key, making small changes to the chord progression, then it sounds to me like you are doing what Michael L has suggested: Taking your original set-up and making a new song. You didn't mention other instruments... would they be playing the same rhythm? same melody?

You're right, though, hard to say for sure without A/B-ing them.

[PeterD]

Thanks Robert, Andy (and Russ)!

Here are the two songs in question:

A) (owned by the library) https://soundcloud.com/moanakeiki/sparkling-city-metro

B) (The new one which I'm hoping is different enough) https://soundcloud.com/moanakeiki/happier-hours-c-2014

Also, "B" could use some serious mix help. I think my ears are tired!!
Please help!!

[andygabrys]

sounds kinda close right now. how about a slightly different begining held chord, and change up the chord progression so it isn't I-minor to iV-minor to bVI-major. how about a slight faster or slower tempo? how about switching up the main synth pad a little?

[michael11]

This is a great question and is going to become more and more relevant .

Specifically though Peter,do you want to keep the merits and the qualities of the original track in which case it is more or less obliged to sound similar ?

Or why not just start again?

Michael.

I liked both tracks and wouldn't have connected the two other than they are by the same artist,in the same way as I would expect album tracks to have a certain similarity.

[Russell Landwehr]

Well, the piano certainly sounds different. The Bass sounds similar... but a little different. You know, though, I'd be hard pressed to take you to court over it. Would the library ever notice it? Depends on if they are reading this forum.

Mix notes: It sounds darker, not quite as open, but that is just in comparison. Perhaps you could open the top end up a little bit on the mix. Also, at :45 where the other beat comes in, it kinda muddied it up for me. I would suggest rolling off the bottom end on the new drum loop, drop it back in the mix and then trying a ping-pong delay on it... very subtle with 0 feedback on the delay. I wonder what that would sound like. If you are wanting more kick "omph" right there, try an EQ change right there on the other drum part.... a tiny bit of boost around that sweet spot of 80hz +/-25hz.