Re: [slightly OT] Musical citation (what is allowed?)

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On 11/30/2011 07:47 AM, Julien Claassen wrote:
Hello everyone!
  I'd like to cite from a relatively recent work (1970), which of course is still copyrighted. So can I do it per se? I'd just like to cite a main phrase for a bit (2-4 bars) I suspect. any hints on that would be very much appreciated. 

Hi Julien,

As others have pointed out, the legal status is unclear, probably by the nature of the problem. Bear in mind that George Harrison was busted for sol-mi-re in My Sweet Lord, it is the same melodic progression as The Chiffons He's So Fine. Now, I don't know what anyone else might think about it, but I find it hard to believe that GH was consciously ripping off The Chiffons. From Wikipedia :

"Harrison denied deliberately plagiarising the song, but he lost the resulting court case in 1976 as the judge deemed that Harrison had "subconsciously" plagiarised "He's So Fine". When considering liable earnings, "My Sweet Lord"'s contribution to the sales of All Things Must Pass and The Best of George Harrison were taken into account, and the judge decided a figure of $1,599,987 was owed to Bright Tunes. The dispute over damages became complicated when Harrison's former manager Allen Klein purchased the copyright to "He's So Fine" from Bright Tunes in 1978. In 1981, a district judge decided that Klein had acted improperly, and it was agreed that Harrison should pay Klein $587,000, the amount Klein had paid for "He's So Fine", so he would gain nothing from the deal, and that Harrison would take over ownership of Bright Tunes, making him the owner of the rights to both "My Sweet Lord" and "He's So Fine" and thus ending the copyright infringement claim. Though the dispute dragged on into the 1990s, the district judge's decision was upheld."

Best,

dp

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