How Led Zeppelin Saved Katy Perry and Extinguished Flame ft. Adam Neely (Real Law Review)

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4 жыл бұрын

Katy Perry lost $2.8 million copyright judgment, but then she didn’t...
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Summary from Law360:
A California federal judge on Tuesday tossed out a jury verdict that Katy Perry's 2013 song "Dark Horse" infringed an earlier Christian rap song, ruling that the tracks share only common musical elements that cannot be protected by copyright law.
Overturning a July verdict against the pop star, the judge ruled that the "ostinato" that Perry allegedly copied from a song called "Joyful Noise" was too basic for any one artist to monopolize.
"It is undisputed in this case, even viewing the evidence in the light most favorable to plaintiffs, that the signature elements of the 8-note ostinato in 'Joyful Noise' [are] not a particularly unique or rare combination," U.S. District Judge Christina A. Snyder wrote.
"The other elements present in plaintiff's 8-note ostinato also do not bring the combination within the ambit of copyright law's protection," the judge wrote.
Notably, Judge Snyder on multiple occasions cited last week's decision by the Ninth Circuit on "Stairway To Heaven," including one portion that said musical "building blocks belong in the public domain."
The ruling went against a hip-hop artist named Flame, who sued Perry in 2014 on the accusation that she had lifted material from "Joyful Noise" when she wrote "Dark Horse," a 2013 song on her album Prism. In July, a California federal judge agreed, later ordering Perry to pay $2.8 million in damages.
Following the decision undoing that verdict, an attorney for Flame - legal name Marcus Gray - vowed to appeal the outcome.
"Back last summer when the jurors returned a unanimous verdict of infringement, I cautioned my clients that we had only finished Round 11 of a 15-round match and that the next round would take place in the court of appeals," Michael A. Kahn, attorney for Flame, told Law360. "We believe the jury was right and will do our best to restore their verdict on appeal."
An attorney for Perry and other defendants did not return a request for comment.
In post-trial motions that led to Tuesday's ruling, Perry argued that the ostinato featured in both "Dark Horse" and "Joyful Noise" was a "commonplace expression" that "no creator can monopolize."
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Пікірлер: 2 600

@LegalEagle 4 жыл бұрын

📺What should I cover next? 📚Get 2 months of unlimited learning on Skillshare for FREE: skl.sh/legaleagle26

@TheRealGuywithoutaMustache 4 жыл бұрын

I love your vids

@djchaiwallah 4 жыл бұрын

Check out my beats and tell me if they're copyright infringement? Lol, kidding. But thank you, this was relevant to what I do

@Chaydex 4 жыл бұрын

Still waiting for that LegalEagle and Dr Mike collab

@kaustubhken 4 жыл бұрын

Please make a video on Sabarimala case in India Supreme Court like you have made a video on pewdiepie t series and Indian law.

@jaynoir8937 4 жыл бұрын

What about a review of the movie Accepted or the show Eli Stone

@AdamNeely 4 жыл бұрын

I have been summoned

@lifeontheledgerlines8394 4 жыл бұрын

Holy shit why does your comment only have five likes my _dude_

@Nekomosh004 4 жыл бұрын

OwO

@genericembarrassingusernam7843 4 жыл бұрын

@@Nekomosh004 I raise you uwu

@C.L.Hinton 3 жыл бұрын

@Eli Z @Eli Z Count yourself lucky! I did the same and ended up summoning a craptastic "genie." He doesn't grant wishes. He just practices his stand up routines, which largely involves copying Robin Williams. What a bummer. 🧞‍♂️

@NicolasChapadosGirard 3 жыл бұрын

69 th

@azuroth8609 4 жыл бұрын

Summoning Adam Neely via The Lick tickled me in a way I didn't know possible.

@LegalEagle 4 жыл бұрын

Please only use this power for good.

@Bldyiii 4 жыл бұрын

I almost died. I think its because they're both on Skill Share

@seenbelow 4 жыл бұрын

that was amazing

@thomastaylor2312 4 жыл бұрын

I had no idea what he was going to do and then all it was was just the lick

@simonstoisser6628 4 жыл бұрын

Ikr.

@mBluett 4 жыл бұрын

I like how Flame's lawyer cited "pitch" as one of the infringed elements despite the two songs being in different keys.

@nickllama5296 3 жыл бұрын

Flame should release a song called "Grasping at Straws."

@sleepingdogkungfu9326 3 жыл бұрын

Meant intervals - the pitch changes from note to note not generally. It's reasonably said, but I'm against lawsuits for bs like this anyway. If they didn't sue: they would likely have gained new fans with notice to their track they wouldn't have had - that wasn't bad publicity of them coming across as greedy dicks. The only people that were cool with what they did that would potentially spend money on their merchandise/albums - are the die-hard fans that would have anyway. I'm sure they turned a lot of people off doing this. Imitation is the greatest flattery.

@cailinanne 3 жыл бұрын

I like how Katy’s lawyers obviously didn’t catch that to argue with (and many other things) on the first round- it was thrown out real fast for a reason.

@meowtherainbowx4163 3 жыл бұрын

Also, it cited “timbre” as though the songs didn’t use completely different virtual instruments for the melody.

@trybunt 3 жыл бұрын

@@cailinanne unfortunately, it doesn't matter whether or not the lawyers caught it, only what convinced the jury, and if a convincing enough "expert" sways the jury, that's it. Its sad, but "truth" doesn't always win, law is based on "belief", no matter how sure people want you to feel when they send someone to death row

@MrStruggle0 3 жыл бұрын

Record company: ah! 5 seconds of our music has been detected in another video! *sees that the video is a professional lawyer talking about copyright law* Record company: never mind

@Sunnykr275 2 жыл бұрын

😂😂😂

@SnakebitSTI Жыл бұрын

Copyright holders directly tell KZfaq that a video is infringing, and KZfaq takes down the video voluntarily. That is allowed by KZfaq's terms of service. The content creator/uploader has to convince KZfaq to put the video back up.

@danpremo6958 4 жыл бұрын

LegalEagle and Adam Neely in the same video? I like it. LegalEagle summoning Adam Neely by playing the lick? This is, without a doubt, the greatest crossover I will ever witness.

@bengski68 4 жыл бұрын

What is this, a crossover episode?

@lluewhyn 4 жыл бұрын

He has to whip out the guitar to summon Rick Beato too.

@toarrestsomeoneistoviolate2643 4 жыл бұрын

@@bengski68 just more lame clickbait to get more views. Lawyers have no tact and no shame.

@DinoQuintana 4 жыл бұрын

I had to fan myself when I read the title lol

@user-sc4hs3nk1t 4 жыл бұрын

@@toarrestsomeoneistoviolate2643 you must be fun at parties...

@edwardtan83 4 жыл бұрын

It must suck to be on that jury. You are bound to lose any future arguments with your spouse as you have been legally found to be the unreasonable one.

@Ken19700 4 жыл бұрын

The worst part would be having to listen to those two horrible songs over and over again for days or weeks in a row.

@combatrock5931 4 жыл бұрын

I kind of wonder how many times when something like this actually does come before a jury they aren't just like "Eh, why NOT make this huge world famous pop star pay millions of dollars to this little guy".

@Ken19700 4 жыл бұрын

@@combatrock5931 I hope it never happens.

@Ken19700 4 жыл бұрын

@@bosstowndynamics5488 I know what jury nullification is but what does that have to do with putting up with bad music?

@THall-vi8cp 4 жыл бұрын

I would have loved beinf on that jury, but being a musician I'm pretty sure I would have been excused immediately.

@scsitransfer 4 жыл бұрын

I'm amazed how this 25 minute video about songs sounding the same, and containing bass guitars didn't mention the infamous under pressure vs ice ice baby dispute.

@neilbradley 3 жыл бұрын

That case was different in that Ice Ice Baby sampled Under Pressure. That isn't just playing the same notes - it's copying a segment of a recording directly.

@scsitransfer 3 жыл бұрын

@@neilbradley it wasn't a sample. He was sued by David Bowie/Queen they eventually came to an agreement that allowed him to call it a sample.

@lifeontheledgerlines8394 3 жыл бұрын

Wait those are two different songs? o_o

@RabblesTheBinx 3 жыл бұрын

It was settled out of court before a lawsuit was actually filed, so that's probably why. Ironically, Van Winkle probably would have won the case, if it were to happen today.

@RabblesTheBinx 3 жыл бұрын

@@scsitransfer he wasn't sued, Bowie and Queen got him to settle by merely *threatening* to sue him.

@bootney66 3 жыл бұрын

Ringo Starr said that he tried to write songs when he was in The Beatles but every time his band mates would tell him he re-wrote a Carl Perkins song 😃

@GordonSan 3 жыл бұрын

@inquisitiveterrestrian 2 жыл бұрын

The Beatles covered some Carl Perkins songs, probably just to appease Ringo.

@RabblesTheBinx 2 жыл бұрын

I mean, a couple of his songs did make it onto albums

@hetmanjz Жыл бұрын

@Eckser Dude, try again. George was the heaviest fan of Carl Perkins among the four of them. This is well established.

@alex0589 4 жыл бұрын

OBJECTION: i tried summoning Adam with THE LICK and now he's in my bathroom and won't leave. Someone please help.

@loganstrong5426 4 жыл бұрын

Every time you ask him to leave, he just plays a 7/11 polyrhythm.

@NeptuneCheeseCake 4 жыл бұрын

It’s his bathroom now.

@bengski68 4 жыл бұрын

To defeat him you must play THE KCIL

@inkfrogg5593 4 жыл бұрын

play the dies irae and hell be banished

@steveloge8119 4 жыл бұрын

You need to play T H E L I C K in Retrograde Inversion. Common mistake.

@j0llyblackgiant 4 жыл бұрын

Having a copyright on an eight note ostinato is like having a copyright on the phrase 'and then they went'

@dillonhounshell9786 4 жыл бұрын

To be fair, that phrase needs to die horribly. Both as someone that writes and as someone that reads, it ALWAYS irks the shit out of me.

@MaggaraMarine 4 жыл бұрын

Not necessarily. This particular ostinato pattern is very generic because of the simple rhythm and the limited number of notes it uses. But there are riffs that have less notes but still sound unique. The intro riff of Enter Sandman is a 6-note ostinato, but sounds very unique and recognizable. And if someone used that riff in their song, I don't think it would be ridiculous if Metallica sued them over it. The bass intro of Under Pressure is iconic and it only uses two different notes and only 7 notes in total. And when Vanilla Ice copied that riff and used it in Ice Ice Baby, they were rightfully required to give Queen songwriting credits. The main riff of Black Sabbath is very recognizable and only uses three notes. There are many unique musical ideas that you can create with just 8 notes. But if that musical idea just uses quarter notes and repeats the same note over and over again, then it shouldn't be copyrightable.

@K0sm1cKid 4 жыл бұрын

@@MaggaraMarine As the video explains it depends on every individual song. I can guarantee that there are original compositions which contain ostinato similar to the songs you mentioned. There's a near limitless amount of music that exists. For the Black Sabbath example I can prolly name a few off the top of my head: Festering in the Crypt by Cannibal Corpse being one. I think every single stoner metal band could be accused of infringing on Black Sabbath copyrights by that logic. Maybe Doom Metal as well. The tone is super important imo. Woth under pressure it was less about the composition and more about the fact that it was actually ripped wholesale. If it was an entirely different instrument, tempo, etc. I think that argument would be a lot harder to make.

@MaggaraMarine 4 жыл бұрын

@@K0sm1cKid When it comes to guitar riffs, I think it would probably have to be basically note-for-note the same for it to be a copyright infringement. The intro of "As I Am" by Dream Theater is actually pretty much a straight rip off of "Black Sabbath" - the rhythm is slightly different (the only difference being that the third note is on the "and" of four instead of the first beat of the next bar), but other than that, it is exactly the same. Pretty sure it was also a conscious reference to "Black Sabbath". Yeah, I think in a case like that you would need to use pretty much exactly the same arrangement. While "Black Sabbath" is an iconic riff, it's probably a bit too simple to be copyrightable. But if the whole Dream Theater song was based on that riff (that starts at 0:35) and didn't progress the way it does, there might be a case for copyright infringement there. But it would have to be structurally similar to "Black Sabbath". Also, just because it would be possible for Black Sabbath to sue Dream Theater over that song doesn't mean they are going to do it. We need to remember that a more popular band suing a smaller band may make the more popular band look bad. (I mean, this is not really related to songwriting, but when Metallica sued Napster, it made them look really bad and people still make jokes about it, even though I don't think them suing Napster was necessarily unjust.) Also, Dream Theater making a reference to their song is not going to affect Black Sabbath negatively, and Black Sabbath are probably just going to take it as a compliment. I didn't hear how "Festering in the Crypt" was similar to "Black Sabbath" (not sure which part you are talking about, but I assume you are talking about the intro). It definitely has a similar feel to it than some Black Sabbath riffs, but the riff was quite different from "Black Sabbath". _"The tone is super important imo. Woth under pressure it was less about the composition and more about the fact that it was actually ripped wholesale. If it was an entirely different instrument, tempo, etc. I think that argument would be a lot harder to make."_ Good point. It's not a super-unique idea, but when you use the specific combination of certain elements, then it's a clear rip off.

@AC3handle 4 жыл бұрын

Last time I saw that phrase was when Fat Freddy was cranked on coke and made a whole novel of nothing but that phrase. I laughed for 20 minutes when I saw a page of that.

@KL-sr5oh 4 жыл бұрын

Taking notes on this for my Copyright law exam I’m taking in two hours because it’s actually more helpful than most of the class notes I have. Please send thoughts and prayers

@wheredidgrimgo 3 жыл бұрын

how did it go?

@moirapledger9153 3 жыл бұрын

Let us know how it went

@aaronellis3889 3 жыл бұрын

Tots and pears, brohem. Tots and pears.

@unrulysimian3897 3 жыл бұрын

Update?

@KL-sr5oh 3 жыл бұрын

Sorry this took so long, but it helped on the exam! It asked specifically about this case. Law school only gave out pass/fail instead of grades that semester b/c of Covid but I felt like I would've gotten a good grade if there had been grades, for what it's worth.

@mellowhigh491 4 жыл бұрын

Imagine if "Mary Poppins" sued "The King's Speech" because it was set in London. That's what we're dealing with here.

@jdinhuntsvilleal4514 3 жыл бұрын

Not at all the same.

@wolfafterdark 2 жыл бұрын

I was gonna add a joke about patenting bouncing balls. ...had to google it tho, just in case something had changed since I was a kid. It has. Carry on.

@moxiemaxie3543 2 жыл бұрын

@HessianHunter 2 жыл бұрын

It really is on that level. Consistent 8th notes and the 3-2-1 "Three Blind Mice" motion are utterly pedestrian building blocks of western music. Might as well sue over iambic pentameter or a sitcom premise where the protagonist doesn't get along with the in-laws.

@zachary4670 4 жыл бұрын

Okay, another thing that I’d like to point out: Flame claimed the two ostinatoes resolved in a similar manner. That is.... bull. KP’s resolves to the Dominant chord. Flame’s resolves to Tonic chords. Musically, dominant chords and tonic chords have opposite functions, and resolving to them makes your song very different. The dominant increases musical tension, the tonic relieves it. That’s why KP’s ostinato sounds darker/more intense/ has more momentum. Basically, this is the musical equivalent of trying to say food with a bitter aftertaste tastes the same as food with a sweet aftertaste. Complete opposites.

@Quotenbrtchen 3 жыл бұрын

I would give a like for that but you're at 69 likes...nice

@StoopidBishop 3 жыл бұрын

That's why they wanted a jury. They would never find people who understand music theory among common folk.

@darsure3006 3 жыл бұрын

KP's changes on the repeat, it ends on the dominant the first time and on the tonic on the repeat, the musical score breakdown in the video was incorrect about only one of them changing on the repeat

@tiffanykrieger5035 3 жыл бұрын

Neat thanks for teaching me 😊

@hmrobert7016 3 жыл бұрын

@@StoopidBishop Even more than that, they probably struck anyone with advanced music knowledge during voir dire.

@joanignasi91 4 жыл бұрын

Epic Rap Battles of History: Legal Eagle vs The LockPickingLawyer

@stretchyone 4 жыл бұрын

I would pitch money to see this

@Black_Jesus3005 4 жыл бұрын

🤔🤔🤔

@williamclarke8732 4 жыл бұрын

I would have preferred a collab

@Raz.C 4 жыл бұрын

@@stretchyone Damn straight!!! Take my money and gimme ERB!!!

@williamj.s.rodriguez4761 4 жыл бұрын

But Doctor Mike must be a good collab as well. Legal Eagle gives me the same vibes with his content like Doctor Mike

@paulkielt9301 4 жыл бұрын

When you compose music, you're always influenced by some melodies you've heard someday. Even without realising it!

@SianaGearz 3 жыл бұрын

Deadmau5 - "FML", 2009 - almost unintentionally aptly named. vs. Little Bitchard - Isoljator, first published as part of Kewlers - Protozoa in 2003 with about 800 witnesses. Only a few thousand people have ever heard of Kewlers, but turns out, Deadmau5 is one of them, he mentioned that he loves and follows them in an interview, and they have common friends like the late Arguru whom Deadmau5 dedicated a song to. It is not to suggest that he lifted the hook on purpose, but it just happens. Kewlers had no intention of taking him to court. Their response was to one-up him with "Kewlers All-Stars - Isoljator Remixed - Isoljator (OMG PLZ Remix)"

@NihilisaFrank 3 жыл бұрын

i mean at this point in my career, I simply just wear my influences on my sleeve, no need to shy away from it. It makes cases like Yellowcard suing the deceased juicewrld that much more infuriating when there were very very very few unique melodies in pop punk and juicewrld never shied away from showing that he had a great appreciation for the genre while he was alive

@dathunderman4 2 жыл бұрын

@@NihilisaFrank I do as well. Like how Quentin tarentino is absolutely shameless and is even front and center about taking from other people. Just don’t be fake about it and claim it as 100% your own. We’re all inspired bu something at the end of the day. And music has been around for so long, there’s probably someone in history who has done something similar to you.

@drdre4397 2 жыл бұрын

I love music. I live for it, I have not seen a single interview that does not include influences... Going back to the 70s and 80s you hear some people say they straight lifted a progression. In my view it's fair game since the original will always be available, and if the new one is better than the progression got put to better use.

@vvMathematicalvv 3 жыл бұрын

This reminds me of those shady companies filing thousands of utility patents in the hopes that one day some actual innovator will create a product that requires owning such a patent. It does nothing more than cost the innovator money and prevent economic growth and progress. Flame was just as sleazy for pursuing this case. Thankfully the opposing counsel filed rule 50. Great video as always!

@irimac1806 3 жыл бұрын

I wonder if (burnt out) Flame had to pay back the money

@johnbush5347 3 жыл бұрын

Not the artists fault, his label is the ones that brought it to court, that's how most of these copyright battles are

@3dartxsi 2 жыл бұрын

@@johnbush5347 Flame's record label is Clear Sight Records. The founder and owner of Clear Sight Records is Flame. So yeah, Flame is the slimy little weasel behind this lawsuit.

@beenaplumber8379 2 жыл бұрын

Those shady companies sound like cyber-squatters. I bought 3 domains through Google ($36 for all 3) for my band, using 2 of them as redirects, and someone contacted me right away to offer me a similar (but useless) domain for $500. I've seen some cyber-squatters trying to get thousands for domains they're just sitting on.

@michaeldebellis4202 Жыл бұрын

I was thinking the same. Especially there are companies that get all sorts of ridiculous software patents and then launch frivolous lawsuits. Just as with music theory the average person doesn’t understand how software developers use a set of patterns and algorithms and are constantly reusing them from one system to another.

@lngun 4 жыл бұрын

The existence of rule 50 makes me feel like the entire legal system is a game and lawyers are just hardcore gamers trying to outplay each other.

@dillonhounshell9786 4 жыл бұрын

...That might be the most accurate description of law I've ever heard.

@abrannan 4 жыл бұрын

You’re not wrong...

@mikelewis495 4 жыл бұрын

This is surprisingly accurate

@sydneyfairbairn3773 3 жыл бұрын

Ah, grasshopper...

@bunnybro5977 4 жыл бұрын

When LegalEagle summons Adam Neely by playing the lick A man of culture,I see

@brandongunnarson7483 4 жыл бұрын

I didn't know that Katy Perry won the appeal and i'm very glad that she did. As a musician and composer hearing about her losing this lawsuit the first time I was terrified about my future. Thank you for letting me know I can rest easy!

@iknowyourerightbut4986 4 жыл бұрын

As a musician, I really appreciate your work hear and use of Adam Neeley as an expert witness. Excellent video!

@genericembarrassingusernam7843 4 жыл бұрын

Every time someone plays the lick, an Adam Neely gets his wings.

@ksully27 4 жыл бұрын

Funny, I always got a Beetlejuice vibe...

@benwillems8584 4 жыл бұрын

@@ksully27 then the lick should be played three times

@jayhom5385 3 жыл бұрын

COPYWRITE INFRIGEMENT! It's a Wonderful Life coming after ya. (and to be preemptive, FAIR USE MY ASS.)

@Jessie_Helms 4 жыл бұрын

Eh, I wouldn’t say Flame “believes” she stole his music. More like his lawyer told him he could make some money.

@dentoncrimescene 4 жыл бұрын

Well "belief" is all it takes fore him to call it fact. No evidence required. 🤔

@awesomesauce754 4 жыл бұрын

Does anybody here believe ( voice crack)🎶

@weareone1575 4 жыл бұрын

Also a fuckton of publicity

@Sixthhokage95 4 жыл бұрын

Considering the crap in the lawsuit about "Dark Horse" promoting "witchcraft, paganism, black magic, and Illuminati imagery" and thus tainting the "devoutly religious message" of "Joyful Noise" I'd imagine he fully believes that Perry stole his song.

@knaengt 4 жыл бұрын

Merc at Arms and get some streams/view

@paulsaganski2070 3 жыл бұрын

See Axis of Awesome, "Four Chord Song."

@ltraina3353 3 жыл бұрын

You always collab with my fave creators...I love it! And I love your sense of humor

@mirawenya 4 жыл бұрын

The ruling was idiotic... As Adam Neely covered well in his video about it. Glad to hear it got changed.

4 жыл бұрын

@brandon roberts That bit is way too short and "basic" to copyright. If 8-notes could be copyrighted from _similar_ 8 note strings being made, we would run out of songs to make in a very short time.

@Just_A_Dude 4 жыл бұрын

@ Exactly. It's only similar in 6 of 8 notes. That's only 75% similarity. Not to mention the differences in the tone and modulation in the way the notes were produced, making them audibly distinct on an objective level.

@KaosOrder 4 жыл бұрын

@@Just_A_Dude I honestly don't even see how people in the jury ruled it was similar enough to be ruled as copied.The shifting of notes at the end is jarringly different, and doesn't FEEL that similar. The first 4 notes are just a repeated note, so it really feels like 5 elements (last 4 plus 1 weird intro), which would only be 60% similar.

@tamhuy10 4 жыл бұрын

@@KaosOrder because they are not expert in the field

@chaoticeiris 4 жыл бұрын

@@KaosOrder Like T H said the jury was not full of experts and the expert they got to speak in court confused the jury by using language only really known by people who study music and musical theory.

@sergeant_sailor 4 жыл бұрын

"This is my ostinato. There are many like it but this one is mine." - Flame at music bootcamp (presumably)

@CrownRock1 3 жыл бұрын

"Without me, my ostinato is useless. Without my ostinato, I am useless."

@arthurnonimus 3 жыл бұрын

More like "That one bit sounds vaguely like mine if you listen real hard. CHA-CHING!!! :D "

@halikstears6307 4 жыл бұрын

Thanks for clarifying the difference between a jury's mandate to decide factual matters vs a bench's role in resolving matters of law. A lot of case law narratives that I was confused about now make sense.

@Henrique_Henriques 4 жыл бұрын

FREAKING GENIUS EPISODE!!!! BOTH OF YOU GUYS... congratulations!!!!

@KlockoFett 4 жыл бұрын

Rapper: You stole my melody! Katy: uhhhh....no? (J.S. Bach has entered the chat)

@mrewan6221 3 жыл бұрын

Tokkyo Ghetto Pussy "I Kiss Your Lips" vs Pachelbel. Bars 5 to 8 of the vocal ostinato!

@ep1x3 3 жыл бұрын

To be fair he's been dead for some 250+ years so all his work is in the public domain

@TremereTT 3 жыл бұрын

@@ep1x3 Would Bach be Disney he would be still keeping all copyrights today.

@QuikVidGuy 3 жыл бұрын

@@TremereTT judging by his wig he'd probably try

@drcks 3 жыл бұрын

*returns from the grave with ominous music*

@alex0589 4 жыл бұрын

Any trained musician will tell you this particular suit is like suing your neighbor for having a brick house because your brick house was built first. (Most) Hip hop producers and artists would be pretty hypocritical to sue anyone, ever, because unpaid/uncredited/illegal sampling is Pandora's box. This kind of collab is why i'm still learning from channels like these. Super interesting and well made.

@leoschmitz1695 4 жыл бұрын

Furthermore, a decent chunk of western music is built on copying each others work. Composers have, in the past, copied entire melodic lines from another composer as a method of tribute or reference.

@deanm4905 4 жыл бұрын

Even the most casual musician can tell you that being able to copyright riffs would destroy music entirely, not just as we know it. It would not just be suing the neighbour for building the brick house. It would be suing a neighbour for using bricks because you used bricks first.

@deanm4905 4 жыл бұрын

@monokhem It is called Jesus Hitler. The band that released it was called Carnivore. Its bassist, vocalist, and composer was given a medal by Tony Iommi. Mind you, this medal was for the man's cover of Black Sabbath (the song). I doubt that Tony has never heard Jesus Hitler. Songs like Sweat Loaf and Dum Dum, by the Butthole Surfers. Have a listen to those, too. None of them have been sued. Go figure.

@Durtaz 4 жыл бұрын

Nice! Two of my favorite channels coming together on a fantastically important topic. Well done, lads.

@danielcazares9167 3 жыл бұрын

As a music major student and law aficionado, i thoroughly enjoyed this video

@canaanpryor7145 4 жыл бұрын

Hey Legal Eagle, do you remember that scene in the beginning of "The Incredibles" where Mr. Incredible was sued for saving a man's life? Is that actually possible and if so, why?

@zane2772 4 жыл бұрын

While he's not a lawyer, Film Theory did an episode on this: kzfaq.info/get/bejne/aMulm9WgsK2lfmQ.html

@FrenkTheJoy 4 жыл бұрын

I feel like he covered that sort of situation in another video, but I'm not sure.

@sonofagun4125 4 жыл бұрын

@@FrenkTheJoy yeah he definitely touched upon good samaritan laws at some point but I cannot for the life of me remember in which video.

@Neion8 4 жыл бұрын

Not exactly a direct comparison, but before China implimented it's own version of the Good Samaritan law, there was a feared (if not common) con where someone (often an elderly person) would, upon injury - or faking injury, claim the person trying to help them caused the injury (e.g. if they fell over and broke their knee and someone tries to help, they'd sue the helper for 'pushing them over', or another example if they nearly drowned and someone fractured their ribs giving them CPR, they'd sue them for unneccesarily fracturing their ribs despite the risk of death otherwise). This lead to quite a few people dying in populated places with no one trying to help them as well as behaviour such as when people ran away from the fainting foreigner in a train in Shanghai a little while back, hence the change in law.

@ReadObituaries 4 жыл бұрын

Canaan Pryor I’ve heard it possible but I’m not sure! That would be a cool episode! I was told that like... if someone’s airway swells and you’re a doctor- so you do an emergency tracheotomy- by law, they can sue you if they didn’t consent to it. Tho, surely it’s more about damages that occurred as a result of you helping (I don’t know...? Like you had to break a window to get to the person) than actually helping the person.

@TheRealGuywithoutaMustache 4 жыл бұрын

Adam Neely is one talented musician, nice to see you summon him with *the lick*

@adlib0950 4 жыл бұрын

I thought you were limited to anime

@TheActualJae 4 жыл бұрын

Oh my gravy, the way you summoned Nelly with “the lick”, love this channel. Subbed and what not.

@m.bluetail 2 жыл бұрын

Legal eagle is awesome!

@chrissiper 4 жыл бұрын

Adam Neely / Legal Eagle crossover was not what I was expecting tonight, but was thrilled to see!! That case made me sooo infuriated!

@uberchops 4 жыл бұрын

minor point of contention: the plaintiff listed timbre as one of the copied elements and they are not at all similar! Dark Horse's ostinato is statically pitched, with an airy, glassy timbre and Joyful noise is basically a triangle wave with substantial pitch sliding. They aren't even close. Why would they make this argument?

@cweave5443 4 жыл бұрын

To confuse people that aren't well versed in musicology. Part of the reason that the jury decided against Perry in the original trial is because Flame's lawyers brought an argument that most people who have studied music theory would have considered a load of crap.

@CeesarAlvarado 3 жыл бұрын

cause they want the cash. LegalEagle is cool but remember these are lawyers and they would rip your heart off in front of a jury if that was necessary

@QuikVidGuy 3 жыл бұрын

Dark Horse actually sounds like part of the synth is a vocal sample pitched way the hell up, so i don't even know how they can argue that was stolen

@silencedogood7297 3 жыл бұрын

Depends on the exact wording of the current law. The old law simply required 7 notes judged to be the same.

@deadadam666 3 жыл бұрын

to gain money ...

@andys6905 4 жыл бұрын

I'd love a review of an episode of the office called "The Deposition". It's not a courtroom drama, but rather just a deposition in a board room. It's a hilarious episode, and I would be interested to see how close they came to reality.

@amyclarke6176 4 жыл бұрын

yes id love to see his take on that episode. i thought it was reasonably accurate but im sure he could find some issues

@RealCaptainJaws 4 жыл бұрын

I love when one of my favorite KZfaqrs brings on someone else I'm subscribed to already.

@joeyhoser 4 жыл бұрын

At the start of this video, I was hoping you would bring up Adam Neely's video on the subject. Then you pull out a bass, play "the lick" and Neely appears. Nice work.

@BlackParadeMarcher1 4 жыл бұрын

it's like how fashion can't exactly be copyrighted. the logos can, but you can't own a specific stitch or hem

@ninao8460 4 жыл бұрын

Actually a Dutch chain (Hema) was sued by a big jeans company (I think it was Levi's but not 100% sure). The lawsuit was about the fact that the stitch lines on the back pockets were almost the same. Hema lost and had to pay, they challenged the verdict because the amount they had to pay was higher than the sales value (the jeans sold for about €20 each) but at that point they just wanted to get the fine down.

@israelmedina439 4 жыл бұрын

N O ah yes that was Levis, but they were only able to sue because they made the case that their pattern on back pockets is a symbol of the Levis brand itself, so it qualified as a “logo”

@Stettafire 4 жыл бұрын

You can't copyright a specific method for making a thing either. Only the thing you made. This becomes interesting in the world of software. Some methods in programming literally are not copyrightable, but larger applications are.

@daynightertimerider2334 4 жыл бұрын

When you said music expert, I immediately thought ‘Adam Neely’(I watch him all the time) and when you played the lick, I died. I never could have imagined such a crossover.

@TheMrVengeance 4 жыл бұрын

The title of the video literally says: "ft. Adam Neely". But okay. 😝

@dannydevito7000 3 жыл бұрын

@@Aethenthebored You only read things shorter than 10 words?

@nevesdarocha 3 жыл бұрын

@@TheMrVengeance in the app you can't see the whole title. It ends at ft. If the original poster is accessing this via the phone app they would have not seen the full title and, therefore, would not have known who it featured.

@ryanvega9308 2 жыл бұрын

@@nevesdarocha Ok? But once they click on the video the title shows in full...

@harlyjones3140 3 жыл бұрын

I love when lawyers use the reference "passing a low bar". There is no further joke here.

@sethoppong6841 3 жыл бұрын

Nice Bass lick. I’m a musician and performing arts major in college aspiring to go to law school soon. This video was perfect for me. Two of my favorite youtubers combined. Thank you!!🔥🔥❤️

@samsouyave-murphy986 4 жыл бұрын

I just wrote a thesis on this (but how it can be used to help Australia’s copyright law). I wish that this came out sooner, because I would have really benefited from watching it during my research stages.

@jamesmckeowndebrah7146 4 жыл бұрын

Hey Sam. Great work there. I would really love to read your research on copyright 😊😊. Is it available to the public? How can we work that out?

@samsouyave-murphy986 4 жыл бұрын

James McKeown Debrah Thanks, mate. It’s actually for university, and I have to wait and see if it’s good enough to get published. They might require me to change some things, so it might be a month or so. Also, it’s mainly about transformational use in Australian copyright law, so I don’t know how relevant that will be for you.

@jamesmckeowndebrah7146 4 жыл бұрын

@@samsouyave-murphy986 ook thanks a lot bro. No problem there. Wishing you all the best 👍🏽👍🏽👍🏽👍🏽

@craigreardon3914 4 жыл бұрын

Hey Sam, I’d be interested in reading your thesis too. I’m an Aussie, and a muso, so it’d help a lot.

@samsouyave-murphy986 4 жыл бұрын

Craig Reardon Sure thing! Once it’s released, I’ll comment on this comment chain. If you have any further questions about Australian copyright law after that, feel free to comment back. I’ve studied it extensively for the past few months, and I absolutely love the area. However, I must note that I can’t give you proper, qualified legal advice, as I am only in law school.

@Shicksalblume 4 жыл бұрын

OBJECTION: The band in the Stairway to Heaven case is Spirit, and the song is Taurus. You started switching them partway through the video.

@howardrokofsky 4 жыл бұрын

I'd recommend anyone put on a Spirit album -- one of their first four -- for guaranteed satisfaction

@groovinhooves 3 жыл бұрын

@@howardrokofsky Essential listening and officially pressed ownership, for sure.

@schaffy_ 3 жыл бұрын

I like the way you signpost in your videos. Makes it real easy to follow along 👍

@sebastiangaraycocheagomezd473 3 жыл бұрын

The Adam neely summoning was just genius! I love your videos man. You are gr8

@Boodoobrown 4 жыл бұрын

I call bull. I've been playing the lick for years now and have never successfully summoned Adam Nealy

@soundninja99 4 жыл бұрын

Sorry 'bout that. I summoned him to my basement and have playing the lick on repeat since

@mccookies3664 4 жыл бұрын

Well you have to have a good reason Or he just has to be really bored

@Tigerskunk 4 жыл бұрын

Did you turn it up to 11?

@arhalts 4 жыл бұрын

Yea but a lawyer knows the proper procedure to issue a summons

@martinkrauser4029 4 жыл бұрын

was it ever a musical emergency

@dogski2822 4 жыл бұрын

Joyful Noise suing Dark Horse is as if someone copywrited the sentence, “What’s for Dinner?”

@t.l.5755 4 жыл бұрын

Disney is trying to copy other people's languages!

@camacaron06 3 жыл бұрын

*copyrighted

@DavyCDiamondback 3 жыл бұрын

You’re fired!

@glynnismajor 3 жыл бұрын

I really enjoyed this episode and learning more about music and law.

@GabrielMillerd 11 ай бұрын

Two of my favorit things, adam and legaleagle, well done.

@helemaalnicks6215 4 жыл бұрын

Objection: You're not supposed to play bass with a plectrum. If you do this, you could become the target of a slap-suit.

@pbagosy 4 жыл бұрын

SLAP like now.

@jozef667 4 жыл бұрын

Let go of me ! I UNDERSTOOD THAT REFERENCE !

@alex0589 4 жыл бұрын

Bass-dad to the rescue

@bmwolfe2786 4 жыл бұрын

I love that you learned the lick, I’m thoroughly impressed. Also, you guys nailed this; great video. I love how the plaintiff claimed the “pingy” synth sound was similar. That was the first thing that stood out for me as them being not even close to the same enough. The Flame riff (astinato) also is pretty much defined by the last note every other time. The way it goes out of the scale and the particular synth sound are really what make it, and that’s incredibly different than the Dark Horse sound and the way that riff resolves.

@eduardofragoso827 4 жыл бұрын

Another great video Thank you

@Rinkerbro 4 жыл бұрын

Summoning Adam by playing the riff is the shit that makes me go from a casual subscriber to an avid fan. Good on ya

@alexbrown1930 4 жыл бұрын

When you brought up Castaway, that made me think: "What is needed if you are, somehow, declared legally dead, but are still alive..what is needed to prove yourself legally alive, and what would the repercussions of such a declaration be?"

@LowReedExpert1 4 жыл бұрын

I swear I've heard of a case like this. Dude was thought to be dead, legally declared dead, and then showed up in court to prove himself alive.... And lost If I find the case, I'll post it here

@alexbrown1930 4 жыл бұрын

@@LowReedExpert1 I know...I had heard of something similar, which is why I brought it up. It might be legal urban legend, but it might be interesting to hear a lawyer talk about it.

@alexbrown1930 4 жыл бұрын

@@LowReedExpert1 I know...I had heard of something similar, which is why I brought it up. It might be legal urban legend, but it might be interesting to hear a lawyer talk about it.

@LowReedExpert1 4 жыл бұрын

@@alexbrown1930 seriously, an amazingly dumb situation that's perfectly legal, perfect for the channel

@AGrumpyPanda 3 жыл бұрын

Depends how you were declared to be legally dead. If it was a circumstance where you *were* dead, but were revived and then nobody did the corrective paperwork, whichever poor bastard didn't pass on the memo first would be the one facing the repercussions for any harm suffered.

@delete.102 3 жыл бұрын

Your a great explainer. I'm addicted to you channel

@simplythebest7260 4 жыл бұрын

Superb. Well done in using the right legal expert who can explain effectively. This is the right way to deconstruct legal cases even if the sense of humour is not a forte.

@nickb8507 4 жыл бұрын

"Infiniti war is the most ambitious crossover in history" Legal Eagle: "hold my beer"

@MiggyBird 4 жыл бұрын

Fighting for the copyright to a piece of music that simplistic strikes me as being a lot like trying to patent the angle you hold your guitar at.

@panchero7756 2 жыл бұрын

The band was Spirit, “Taurus” was the song. One of many great ones from a great band!

@PaulChabot 3 жыл бұрын

One of the best youtube mashups ive seen. More music stuff please, but I'm a music guy.

@nutjob9062 4 жыл бұрын

Legal Eagle just became 12tone

@leftovernoise 4 жыл бұрын

Haha I saw the beginning of the title and thought "damn I wish he would bring on Adam Neely for a sweet collab" and boom. My wish came true! Legends!

@hannahcandiceagbayani8733 3 жыл бұрын

Mr. Cupid should know things like this before saying his song is copied

@vcncl.6153 3 жыл бұрын

👁👄👁👍

@unknownname3332 3 жыл бұрын

@saythename1748 3 жыл бұрын

💅

@WAValenti 4 жыл бұрын

There was another prominent copyright case recently in the 9th Circuit Court of Appeals that will impact far more musicians because it specifically pertains to school music ensembles performing copyrighted music. I'd be interested to see you break down Tresona Multimedia, LLC v. Burbank High School Vocal Music Association.

@wyomingptt 4 жыл бұрын

It'd be embarrassing for a musician to have a court make an official judgement that your work is unoriginal and not very creative haha.

@Chrisjustin069 4 жыл бұрын

That you collaborated with Adam Neely makes me happy. That you played The Lick on bass to summon him makes me unreasonably happy.

@Keijo_ 4 жыл бұрын

It just occurred to me that LegalEagle, Adam Neely, and Tom Scott are the same channel in different fonts and I’m here for it

@fulmetalmage 3 жыл бұрын

Im glad you mentioned the guys that went on to use an algorithm to compile all possible music combinations. While not actionable by law it prooves that there is a finite combinations that can be created. And even less so that we consider pleasing to hear.

@AdityaFSen 4 жыл бұрын

I love this channel. It gently opened me to the idea of going to law school.

@SophisticatedBanjo 4 жыл бұрын

LegalEagle has become the king of the KZfaq crossover.

@harperellenburg 3 жыл бұрын

Would love to hear you talk about the "Bittersweet Symphony" case.

@dawntreader1247 3 жыл бұрын

I love it when two youtubers I know unexpectedly do a crossover.

@princepsregem4006 4 жыл бұрын

“Today we will be covering musical theory and copyright law.” I am well versed in one of those.

@Whimzy74 4 жыл бұрын

Just the premise of this video made me overjoyed. This case blew my mind. Led Zeppelin will always be my favorite band no matter who they draw their influence from.

@Danny_Aniss 4 жыл бұрын

I have been watching your videos as they randomly showed up on my feed for about 6 months. But then you summoned Adam by playing the l i c c You have earned new subscriber.

@AdiFarhanYusof 4 жыл бұрын

This is really helpful, just discovered this channel today.

@DylanKoerner 4 жыл бұрын

Trained musician here. I’m so happy I knew the musical jargon this time since I usually need the legal jargon explained to me. That said, there are tons of songs that sound like each other out there. It’s impossible to really create something unique that will also be popular. Our ears like what they like

@SLAUGHTERAMA 3 жыл бұрын

Flame and KP owe Bach and Godzilla an apology. Specifically before Godzilla eats them.

@ericeaton2386 3 жыл бұрын

I think it's more accurate to say "Our ears like what they're used to."

@StandardGoose 3 жыл бұрын

To my lay-person's ear the two ostinatoes don't even sound that similar. They look similar on paper, sure. If I were in a jury and the two notations were put up on a white board in front of me I could probably be convinced that they're very similar. But they sound completely different to me. Someone further up has made a point about one resolving to the dominant chord and one resolving to the tonic chord - terms I'd never heard but have since googled after reading said comment. That commentor makes a good point; it does seem to make a big difference.

@katluvr7973 4 жыл бұрын

I'm so happy there's a LegalEagle x Adam Neely collab.

@the_sockdolager 4 жыл бұрын

My too loves. The legal systems interworkings and music theory. I was so excited when I saw this video

@dimiaraujo90 4 жыл бұрын

"Honestly you probably don't even need that much of a lesson to play the Ostinato from Dark Horse" BUUUUURRRNN!!! *shots fired*

@QuikVidGuy 3 жыл бұрын

you do need very steady rhythm practice though

@TheRealFollow 4 жыл бұрын

*Looks around cautiously* ...*plays the lick on guitar*

@robertschneider1977 4 жыл бұрын

I love that you summoned him with "the lick" lol.

@Locutus 4 жыл бұрын

I don't.

@standarduck5860 4 жыл бұрын

@@Locutus typical

@sahirva5469 2 жыл бұрын

15:05 Right after he finished saying "imagine if someone tried to copyright this drum rhythm" I got an ad, and thought that was the example. I'll give you this one, KZfaq ads, that gave me a chuckle. Especially with the commonalities between lots of "epic" music in ads.

@andrewmartin1616 3 жыл бұрын

thank you for showing the world on a fundamental level that nothing is safe anymore. i love how you have a smiley face as you deconstruct "freedom" on a legal level. please define freedom so no one makes another legal miss step.

@iPuzzlePirate 4 жыл бұрын

I remember hearing about cases being overturned before, but I completely forgot about that possibility, and I'm so glad to hear it happened in this case! I was literally thinking about this particular case a few days ago, and feeling upset about it; I'm so glad it was overturned.

@eric1766 4 жыл бұрын

5:42 "Musical Emergency" Made me chuckle

@emremuessemeyer2488 4 жыл бұрын

LegalEagle: Some things aren't copyrightable at all, such as a chord progression Ed Townsend's Lawyers: Hold my briefcase

@JoesBlues 3 жыл бұрын

Plugged your bass into the headphone jack. uhg. Great video, Great channel. :)

@thomasdavies5061 4 жыл бұрын

If giving legal advice to someone creates a lawyer/client relationship does summoning a musician via the power of the lick compel them into a musician/client relationship?

@Locutus 4 жыл бұрын

No.

@cheaterman49 4 жыл бұрын

I think musicians don't need a legal disclaimer, so I would side with Locutus here, although I believe there is no precedent, so we'd have to wait until it's tested in court.

@ni1ix 4 жыл бұрын

This case again shows what I think is a short coming with having a "jury of peer's". The peers for this case would have been musicians and other people trained in music, not ordinary people. Or even better, just have the judge decide, briefed by experts on the subject. But I'm sure in other cases, a jury has their advantages.

@fantasycampfilms 4 жыл бұрын

Ordinary people please...Copyright Law is not just about creators, it's about the users as well, and they need to be represented. You already have musicians and music experts represented, legal advocates and experts on each side, and the judge running the whole show. Whatever stereotype you have about "dumb juries," our American Legal System recognizes a certain "collective wisdom" of a group of ordinary people. "Jury of peers" in our system now means using demography, and sometimes education, in a statistical mix, which both opposing parties can weigh in on, and mutually agree upon (voir dire). I mean, if you had two NBA stars fighting each other in court, you wouldn't require the jury to be basketball players, would you? As Mr. Biden says: "C'mon Man."

@ChristopherTheBanana 4 жыл бұрын

@monokhem thats not entirely true, friend. after i got arrested for trespassing in, and stealing from, a federal research facility while trying to improve my cloning methods, i was able to convince the judge to allow the jury to be made up entirely of my clones. i still lost, but yeah

@Stettafire 4 жыл бұрын

Ordinary people are also your peers. Your peers include your fellow man as well as fellow people of your profession. It's BOTH.

@angryowl6226 3 жыл бұрын

Did anyone else notice this section in the description? Remember to make your comments Stella-appropriate. Stella is the LegalBeagle and she wields the gavel of justice. DO NOT MESS WITH STELLA. So cute!

@pikgears 3 жыл бұрын

no because people don't read the description

@StandardGoose 3 жыл бұрын

@@pikgears Personally if something requires clicking on a "See More"-type link, I don't read it because I already feel like I see too much and the last thing I want is to see more.

@karanail41 3 жыл бұрын

Very helpful video! As a musician, I was already aware of this case and interested in it. Thank you for exploring the how's and why's of the legal arguments in this case. On another note, that tie makes me think of Fight Club. Could be a copyright infringement.

@bea4156 4 жыл бұрын

“Wilhelm scream of jazz” had me DYING! It’s so TRUE! 😂😂

@DBEO23 4 жыл бұрын

How come this Title sounds like it should’ve been for a music video essay channel like Polyphonic?😂

@LegalEagle 4 жыл бұрын

I'll tell him about it.

@LegalEagle 4 жыл бұрын

The problem is, that his video essay would be way better than mine.

@DBEO23 4 жыл бұрын

LegalEagle Damn. Thad be one hell of a collab. Keep up the good work

@DBEO23 4 жыл бұрын

LegalEagle also, I think one interesting Music/legal related concept(With Polyphonic or not, That’s your choice) you should do a vid about are the cases involving Biz Markie and few other Rap artists and the original artists that were sampled by them that led to Sampling being basically killed due to the fact that now any sampling requires clearance(With actual and $ Permission) from the artist and their labels

@LilRofl 4 жыл бұрын

I'm glad you covered this :)

@Alyanna332 3 жыл бұрын

PLEASE do more videos on this topic! There have been a bunch of lawsuits in this vein of "musical copyright" and it is crazy how incredibly uniformed some of the lawyers and juries are! Some of them that I was reading about basically involved "expert witnesses" that were comparable to calling a surgeon in to discuss psychiatry. Decisions in this realm have far reaching consequences for musicians and the musical world, so we would love to see more exposure and legal analysis!