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Putting It My Way But Nicely - There Should Be No More Lawsuits...
This is my 100th post and will be the 5th and final post/adventure about the short 3-4-5-8 melody used in music of many composers and songwriters from 1730-2013 (Sebastian Bach to Sebastian Mikael), and the copyright issues surrounding this melodic gesture. In this post I will state my opinion about the matter discussed in previous posts about 3-4-5-8 and provide links to the music of Bach, Badfinger, The Beatles, Toby Keith, Sebastian Mikael, Rodgers & Hammerstein, The Rolling Stones and XTC.
Should The Rolling Stones Sue Badfinger?
Should The Rolling Stones sue Badfinger over the 3-4-5-8 melody that was so prominent in their Street Fighting Man and so prominent in Badfinger's Come And Get It? As I've stated before, there are music copyright infringement lawsuits in the courts in 2014 that involve NO melodic similarity. So what do you think should happen in this instance?
Should Badfinger Sue XTC?
Does XTC's Then She Appeared (1992) infringe the copyright of Badfinger's Come And Get It (1970)? Are four (4) prominent and clearly-heard notes in common between songs reason enough to instigate a copyright infringement lawsuit?
Should XTC Sue Toby Keith?
XTC's Then She Appeared (1992) is a song written and recorded almost twenty (20) years before Toby Keith's Red Solo Cup (2011). It also prominently features the 3-4-5-8 melody. The 3-4-5-8 is the opening vocal and the hook throughout the entire song. Are four (4) prominent and clearly-heard notes in common between songs reason enough to instigate a copyright infringement lawsuit? Should XTC sue Toby Keith for copyright infringement?
Should Toby Keith Sue Sebastian Mikael?
Are four (4) prominent and clearly-heard notes in common between songs reason enough to instigate a copyright infringement lawsuit? One answer could be found in comparing this hypothetical (or not) Toby Keith v. Sebastian Mikael copyright infringement case to the actual Marvin Gaye v. Robin Thicke copyright infringement case in which NO notes were in common between the songs. If one can sue when the similarity is only STYLE and NOT melody, surely one can sue when the similarity is MELODY.