Friday, February 15, 2013

Week 3 - Post 2: Musical IP

        For this post I just want to share my thoughts on intellectual property regarding music.  Someone correct me if I'm wrong, but I believe Dr. Lavian mentioned in class that it becomes very hazy when trying to patent a "musical idea", such as a melody or a certain rhythm used in a song.  Many artists likely seek out the permission of other artists and producers to use certain melodies and background beats, and I assume this would apply to a majority of instances in which artists borrow music, but I wonder what happens for cases in which an artist blatantly records over another artists melody or riff without first seeking their permission.  Clearly for basic drum beats, rhythms, scales, and chords (multiple musical notes being played together in harmony), it would be hard to argue that you were the originator of these ideas.  Furthermore blatantly stealing several lines of lyrics would obviously be a likely source of infringement.  But for songs with original background melodies and riffs, such as the "musical themes" or backgrounds in rap, does patent law apply? Should it apply?  I have personally listened to several modern artists who borrowed musical ideas from earlier artists; whether or not they sought permission to do so is another question.  I believe everybody should be able to produce music however they want, even if it involves using previously employed musical ideas, so long as someone does not steal whole lines of lyrics.  For example when Vanilla Ice used Queen's melody from Under Pressure as a musical underbelly for Ice Ice Baby, I thought the choice to do so was unique and refreshing.  I am curious to hear what everyone else thinks.

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