Music: Practice and Theory is not for legal questions. Yet some other Stack Exchange sites allow topics about legal aspects of the site's subject, so long as the questions seek not "legal advice" but instead general legal information. (There's a difference.) Tags with such questions include the following:
- licensing on Programmers
- legal, licensing, and font-licensing on Graphic Design
- legal, contracts, and commercial-photography on Photography.
So on which other site should people instead ask questions that seek general information about laws that apply to songwriters and composers throughout the set of countries that have ratified the Berne Convention? Example below. Must I wait several months for a couple hundred more people to commit to the Law proposal? Is there a place to ask this even outside the Stack Exchange Network that doesn't require spending hundreds of dollars?
What steps should a new songwriter take to avoid accidentally plagiarizing/infringing?
Copyright infringement cases have been won on as few as eight notes when those eight are the "hook" (the portion of a melody central to a piece of music). But there exist only a finite number of distinct melodies of that length:
- A note's duration (time from its onset to that of the next) can be short or long, relative to the overall rhythm of a piece.
- The interval from one note to the next can be one of the seven scale degrees, modulo octaves.
- The last note has no next note therefore no duration or interval.
Thus there are 14 possibilities for each note other than the last, and 148 - 1 is just over 105 million. This number appears to be low enough that a collision with at least one of the millions of songs in the ASCAP and BMI repertories (source: BMI's web site) is statistically a real danger. Unintentional copying is no excuse; George Harrison lost a million dollar lawsuit over "My Sweet Lord" (Bright Tunes Music v. Harrisongs Music).
So how do songwriters typically protect themselves from being bankrupted by lawsuits? Are there any proactive ways to avoid copying in the first place?