#1
What's the legality of taking a solo from an existing song, and using it in your own material? The rhythm section is different, and the key is different so the solo would be shifted up to a different key, but essentially it would be note for note.

We're happy to give credit to the original band, since it's supposed to be a reference to them, but would we be able to sell this song without legal issues all over the place?
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#3
If you've copied the solo note for note, I think you're going to need permission to use it commercially.

Why can't you write your own solo?
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#4
Well he said the rhythm is different and the key is different so I think that's a different harmony.
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#5
See my confusion lies where the copyrighting of music goes. I read somewhere that main melodies from a song can be claimed, but things like riffs and compositional elements aren't part of what the copyright covers.

The point of using the solo is to deliberately reference the band, since the song has a similar style, and the semantic of the song benefits from having such a heavy reference
Don't you hate it when you're reading a sentence and it doesn't end how you testicles.

Did you hear the one about the boy with the short atten
#6
if the solo does not include the melody line...you can use it ..but then again...george harrison got sued for using a chord progression of a pop tune...go figure..
..but my take is...why copy someones solo...you can use parts of it ..but infuse your own lines into it and forget about any legal problems...

wolf
#8
Well check this bit out from Nightwish. They played their own song and waited until the end to play a quick tribute to Iron Maiden http://www.youtube.com/watch?v=pMA2bgi1M1Q
Theory is just...wow. I'm getting a bit over my head by trying to learn so much w/o formal educators

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Last edited by eric_wearing at Oct 18, 2013,
#9
A solo is a melody, and a melody is copyrightable. If they have recorded the solo, it is part of the copywritten part of the song, and playing it is just as much a violation of copyright as singing a couple of lines would be.

Could you play this live? Sure. And if anybody noticed a piece of the venue's ASCAP license fee would go to the songwriters.

Could you sell it? No. You would owe them songwriting royalties.

More to the point:

Write you own f-ing solo, man. What is wrong with you? Make it your own. It's a very different thing to REFERENCE a solo than it is to COPY it. Surely you have the skills to take their solo and modify it enough so that you're just evoking their solo, not playing it note-for-note.

This just seems so fantastically lazy. You don't honor your inspirations by ripping them off. You honor your inspirations by letting them inspire you to greater heights. Besides which, nobody wants to hear you play THEIR solo. Play YOUR solo.

(And shifting the key changes nothing).
#10
Quote by wolflen
if the solo does not include the melody line...you can use it ..but then again...george harrison got sued for using a chord progression of a pop tune...go figure..
..but my take is...why copy someones solo...you can use parts of it ..but infuse your own lines into it and forget about any legal problems...

wolf

George Harrison didn't get sued for using a chord progression. He got sued because he unintentionally copied the song. He came up with the chord progression and the melody popped in his head - most likely because he had heard the original song before and the melody stuck.

The Chiffons sing the lyrics "He's So Fine" Harrison sings essentially the same melody but uses the lyrics "My Sweet Lord"

The Chiffons then sing the lyrics "I don't know how I'm gonna do it..."
Harrison sings pretty much the same melody but with the lyrics "I really want to see you..."

I would imagine that lifting a solo note for note is plagiarism and you would be in danger of copyright issues. Stealing parts of it are okay, as wolf said, infuse your own lines and you'll be fine.
Si
#11
Just analyze the guitarist's playing/writing style and try to come up with something similar. Find some common licks he uses and use them in your solo. That's what I have done a couple of times when I wanted to mimic Kirk Hammett.
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#12
Just to clarify, it's not that we're being lazy! We have written our own solo, but it was something we were messing about with and it fit really well, and hearing it in our own music was just something that I really liked.

It was never a way to say "I can't be bothered to write this, just steal somebody elses". The song has a fairly similar style, and it feels like a very obvious way to show we know they sound alike. Rather than have people say that the song is a rip-off, we openly accept the similarities.

I just wanted to know how the law works with things like that.
Don't you hate it when you're reading a sentence and it doesn't end how you testicles.

Did you hear the one about the boy with the short atten
#13
If it were live you'd probably get away with it. If you recorded it you are more likely to face trouble. You could probably get away with a few lines - and that might be enough to express what you are trying to express.
Si
#14
Quote by TheKraken
Just to clarify, it's not that we're being lazy! We have written our own solo, but it was something we were messing about with and it fit really well, and hearing it in our own music was just something that I really liked.

It was never a way to say "I can't be bothered to write this, just steal somebody elses". The song has a fairly similar style, and it feels like a very obvious way to show we know they sound alike. Rather than have people say that the song is a rip-off, we openly accept the similarities.

I just wanted to know how the law works with things like that.


I understand, that's why I put up the nightwish vid. shoulda been more detailed heh. Anyway, they did a tribute to Iron Maiden at the end by playing the intro to The Trooper for about 3 seconds so maybe if you feel like you need to tribute this other band then try that
Theory is just...wow. I'm getting a bit over my head by trying to learn so much w/o formal educators

Quote by DBKGUITAR
To be a good lead guitar you must be VERY GOOD AT RYTHM

Quote by MaggaraMarine
My motto: Play what the song needs you to play!
#15
Also this happened http://www.youtube.com/watch?v=zFDtdOU_6xY not sure how that works out though
Theory is just...wow. I'm getting a bit over my head by trying to learn so much w/o formal educators

Quote by DBKGUITAR
To be a good lead guitar you must be VERY GOOD AT RYTHM

Quote by MaggaraMarine
My motto: Play what the song needs you to play!
#16
There is a world of difference between incorporating a moment of a famous riff or solo in the context of an original song and recording a song with a solo that's a note-for-note reproduction.

Quoting other guitarists live is something lots and lots of bands have done. Saying "The official version of this song is using the exact solo we took from the official version of that song" is something else entirely.