How to avoid a lawsuit when writing a song
By Lauren Turner
Medill reports
Streaming platforms like Spotify and SoundCloud make it easy to share and upload music, as well as remixing and sampling. Think Doja Cat’s “Freak” (Paul Anka’s “Put Your Head on My Shoulder”), Miley Cyrus’ “Midnight Sky” (Stevie Nicks’ “Edge of Seventeen”) and Lil Uzi Vert’s “That Way” (Backstreet Boys’ “I want it this way”). But these artists need to be careful about copyright. Follow these expert tips to avoid a messy music process:
- Look for inspirations and influences
Songwriters should be honest with themselves about who they admire and what music they consume. For example, if you are constantly listening to another singer or band, you may be subconsciously picking up melodies or rhythms. Make sure you don’t accidentally rewrite one of their songs by hearing your song compared to theirs.
- ‘I want to sound like that?’ NO NO NO!
Try to be original. “Now that everything’s electronic, it’s a lot easier to sound the way you hear it,” said Loren Mulraine, a former DJ and musician who is now an entertainment attorney and professor at Belmont University. “You can program your keyboard perfectly and program your drums perfectly. So it’s a lot easier now to sound like you’ve already heard it.” According to Music Business Worldwide, 60,000 new songs are uploaded to Spotify every day. (That’s 22 million in a year and 1.4 per second!)
- Let someone you trust deeply listen to it
Have other band members, family members, or someone you trust closely listen to your song. They can point out if it sounds like something they heard.
- Try different instruments
When Mulraine taught songwriting, he challenged his students to use an instrument they didn’t normally play. “Are you a guitarist? Try typing on the keyboard,” he said. “You might just be able to bang out the chords, but it probably opens you up to more creative realms because you’re not falling into the same regular chords that you’re playing all the time.”
- Avoid simplicity
Musicians can only use so many notes or beats. Many famous pop songs use a four-chord progression known as the I, V, vi, and IV, said Mark Avsec, musician, songwriter, and copyright infringement specialist and former member of Wild Cherry. He has written, produced and performed songs such as Bon Jovi’s “She Don’t Know Me” and Carlos Santana’s “Angel Love”. Axis of Awesome, an Australian musical comedy, did a parody that included popular hits that used these chords. When music (like pop) is meant to reach a large audience, it can be difficult to let your creativity flow because you’re trying to keep it simple, Mulraine explained.
- Don’t edit as you go
Don’t edit your song while you’re writing. “If you’re trying to edit it as you’re writing it, you’re more likely to be listening to something you’ve already heard,” Mulraine said. “On the other hand, if you’re just creating something, and then when you’re done, you’re like, ‘Wait a minute. Let me postpone that.’”
- Give credit where credit is due
If you feel your music owes another song, give credit to that artist. Better safe than sorry. After being sued for overfamiliarizing Shape of You with TLC’s “No Scrubs,” Ed Sheeran gave credit to those songwriters. Sheeran won the lawsuit and even posted a YouTube video where he discussed the case and the similarity between pop songs. “Coincidence must happen,” he said.
- Ask for permission
When it comes to sampling and remixing, Section 106 of the Copyright Act requires artists to get permission from the original songwriters to create a derivative work. The original songwriters can give permission to use their song. A great example is Ariana Grande’s 7 Rings. Ninety percent of the royalties go to Richard Rodgers and Oscar Hammerstein II, songwriters of “My Favorite Things” from The Sound of Music, the New York Times reported. Since Grande signed the royalties, she benefits from the performing and streaming rights.
- Don’t score
“It only becomes a problem if you have a hit,” Mulraine said. “People won’t come after you if you’re not successful.” This draws attention to the work. “The best way to avoid a lawsuit over a song is not to have a hit,” said Mark Goldstein, former senior vice president of business and legal affairs at Warner Bros Records Inc. and now an associate professor at the University of Southern California as a consultant in the entertainment industry. “The moment your song explodes, whether it’s on TikTok or because it’s getting a lot of streams on Spotify or you’re selling CDs or getting downloads, that’s when the crazy letters come out of the woodwork. None of this happens if you are not successful.”