Music plagiarism is using copyrighted music or lyrics without permission. It’s considered unethical and can be punishable by law. Music is protected by copyright laws, and record companies own the rights to many popular songs. Judges must weigh factors when deciding music plagiarism cases. Sampling has complicated the matter, and whether it’s plagiarism is debated. Lawsuits have resulted from claims of music plagiarism, such as George Harrison’s “unconscious plagiarism” and the “Bitter Sweet Symphony” composers losing their rights.
Music plagiarism is the use of copyrighted music or lyrics without the consent of the legal copyright holder. Plagiarism is the legal term for copying the creative work of another person or entity and passing it off as original material. This is generally considered a violation of ethical standards and may be punishable by law in some areas. In the field of popular music, many lawsuits have resulted from claims of music plagiarism. In the late 20th century, the advent of musical sampling further complicated the matter.
Like other creative works, music is protected by copyright laws in many countries and by the international Bern Convention. Most music is protected for the life of the creator plus several decades. In practice, the copyrights of many popular songs are owned by the record companies, not by the artists themselves. These royalties can be quite lucrative for years after the song’s initial success. Music companies will therefore vigorously protect these copyrights in the event of actual or perceived music plagiarism.
Like other art forms, music is made up of many individual elements and is often inspired by earlier works of art. A simple note progression in a song may sound very similar to what you hear in other familiar songs, but that doesn’t necessarily mean that the work has been plagiarized. Judges overseeing music plagiarism cases must weigh these factors when making their decisions. Some suitors are mere opportunists seeking a share of the fortunes made by hit songs. This only makes it more difficult to decide those cases where outright plagiarism has occurred.
Cases of music plagiarism have been happening since copyright laws were written. For example, in 1940, a music publisher claimed that Walt Disney stole the tune “Someday My Prince Will Come,” used in the film Snow White and the Seven Dwarfs. The judge later found that this accusation was unfounded. In 1971, by contrast, former Beatles musician George Harrison was accused of stealing the tune to “My Sweet Lord” from a 1960s hit record called “He’s So Fine.” A judge found Harrison guilty of “unconscious plagiarism” – that is, he sincerely believed he had originated the tune, but he was still liable for damages.
In the 1980s and 1990s, rappers and other musicians began to “sample” previously recorded music for their own records. Although these musicians claimed to be creating new works with these samples, record companies and artists quickly filed legal action. In 1991, the Grand Upright Music v. Warner Bros set the precedent that sampling was copyright infringement. In 1998, the composers of the hit song “Bitter Sweet Symphony” lost their rights to the music after it was discovered that they had sampled a Rolling Stones song without permission. Whether sampling is truly musical plagiarism has remained a matter of lively debate.
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