>>The same standard does not apply to
>>melodies and lyrics, where infringement exists even in the case of
>>accidental similarities.
>
>     That sounds a bit dangerous; it sounds as if the standards for similarity
>are much stricter for lyrics or melodies than for things like rhythms or
>sequences of chords, and make no allowance for accidental similarity.
>     With melodies, how many notes of similarity would there have to be?
>Is it
>defined, or would a judge decide in an individual copyright infringement case?
>And would it count if the melodies were just similar, but not identical.  (The
>notes might be the same, but the rhythm slightly or greatly different - or it
>might be in a different key - or the rhythm might be the same (and very
>distinctive), but the notes quite or even very different - and so on.)
>     If you are dealing with small enough portions of melody, it would be
>almost
>impossible to compose a melody without bits of it being very similar to other
>melodies.  It would be a bit like trying to write a novel making sure that no
>3- or 4-word phrases didn't occur somewhere else in other novels.
>
>                         Regards,
>                          Michael Edwards.

Which, of course, leads to a new career path:  "forensic musicologist."
Just in time, too, considering how bad the job market is for "academic
musicologists"!

John




John & Susie Howell
Virginia Tech Department of Music
Blacksburg, Virginia, U.S.A. 24061-0240
Vox (540) 231-8411   Fax (540) 231-5034
(mailto:[EMAIL PROTECTED])
http://www.music.vt.edu/faculty/howell/howell.html


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