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Why All Melodies Should Be Free for Musicians to Use | Damien Riehl | TED

Evoke a familiar tune in a song and get slapped with a lawsuit … it’s a tale almost as old as copyright itself. Lawyer and technologist Damien Riehl digs into why “owning” a melody is a ludicrous legal assertion and composes a radical solution for the musical woes of songwriters everywhere. If you love watching…

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Evoke a familiar tune in a song and get slapped with a lawsuit … it’s a tale almost as old as copyright itself. Lawyer and technologist Damien Riehl digs into why “owning” a melody is a ludicrous legal assertion and composes a radical solution for the musical woes of songwriters everywhere.

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67 Comments

67 Comments

  1. Bright Music Channel

    April 28, 2022 at 4:20 pm

    Very strong point and very good solution👍🏻

  2. Sabin Vizitiu

    April 28, 2022 at 4:23 pm

    So true 🙏

  3. Texoma Tinker

    April 28, 2022 at 4:39 pm

    While copying a sequence of notes should not be protected, how those metered, intonated, etc. is another matter which expands the data set exponentially. Let’s protect the work of artist’s but let’s keep common sense and justice in view. The real problem is lawyers looking for a quick buck combined with ignorant judges and juries who think giving away the money of other people is okay.

  4. VLKB soven

    April 28, 2022 at 4:48 pm

    this is a degenerate presentation

    • VLKB soven

      April 28, 2022 at 5:02 pm

      you should measure the sound by the textures of the sound waves.

  5. Abigrael Halo-Hymn

    April 28, 2022 at 5:40 pm

    Surely … subconscious infringement lacks intent.

  6. Daniel De Kok

    April 28, 2022 at 5:53 pm

    US Music copyright law only changes to benefit major users and producers (Disney, Hal Leonard).

  7. Home Wall

    April 28, 2022 at 5:53 pm

    They do this with music, but not with written words, where clearly nearly every idea has been stated somewhere, sometime, just as every set of tones have been put together before. Now, if it’s clearly plagiarized, the copyright should hold.

  8. Home Wall

    April 28, 2022 at 5:58 pm

    A melody is more than just 8 notes in one octave, and you know it but hide that fact. Otherwise, English is limited to just 26 characters and thus has the same limits. Melodies are based on pitches, duration, accents, instrument(s) playing it, across octaves, across multiple instruments and voices. What is absurd is this notion that if part of a song sounds like another, you could be told you stole it, yet in written words nobody looks to see if a given sentence was ever written before (it probably was), and you can even protect yourself by footnoting the source you used. To be or not to be, that is the question. And you don’t get to win a lawsuit against me for saying so!

  9. Home Wall

    April 28, 2022 at 6:00 pm

    Far too many lawyers and government suck.

  10. Daniel De Kok

    April 28, 2022 at 6:01 pm

    Your premise is deeply flawed.

  11. Junseob Lee

    April 28, 2022 at 6:34 pm

    That’s damn legit man…
    I’ve never thought of this.

  12. Brian S.

    April 28, 2022 at 6:48 pm

    As a programmer, this makes perfect sense. An algorithm can’t be copyrighted, for similar reasons.

  13. mindlesstube

    April 28, 2022 at 6:52 pm

    You think that’s bad should look into drugs.

  14. Joseph Petrino

    April 28, 2022 at 7:10 pm

    I don’t accept your whole premise.
    Maybe “Insert Name” can’t write a melody without accessing your database, but a real composer can.
    Still, this petty money grab over notes is absurd and I applaud your efforts.

  15. defjeff87

    April 28, 2022 at 7:13 pm

    After Hallmark tried to or succeeded in copyrighting the Birthday song. I knew it has gone to far.

  16. stillpaints

    April 28, 2022 at 7:15 pm

    Industrialized society could have reached a sustainable equilibrium if no copyright laws were ever introduced in the first place. We’d be in some sort of permanent steam era with localized economies, but I personally think for the better.

  17. Craig Stephen

    April 28, 2022 at 7:18 pm

    The problem is that they *do” steal songs and melodies from small bands because it’s a long, difficult, expensive road to sue a multimillionaire or record company so either they get away with it or, worst case (for them), they have to make you a co-song writer.

  18. Liew Meng

    April 28, 2022 at 7:29 pm

    Copyright? Is all about cent!

  19. mala3isity

    April 28, 2022 at 9:25 pm

    You guys rock. Thank you for the time and effort to make songwriting a joy.

  20. j h

    April 28, 2022 at 9:31 pm

    hopefully Salvador Dali wins his case against people stealing his dreams.

  21. Hakan Kursun Music

    April 28, 2022 at 10:46 pm

    Thank you very much, very interesting approach!

  22. Winston O'Boogie

    April 28, 2022 at 11:20 pm

    Put it ALL in the public domain and let the song writers be free. The business and competition took all the fun out of music.
    He’s So Fine vs My Sweet Lord is a matter of personal preference. Nothing more.

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    April 28, 2022 at 11:25 pm

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  24. Katrina Vatgjoni

    April 28, 2022 at 11:45 pm

    Oh..
    what is Beethoven? Mozart? Etc…
    In my opinion , it’s more complicated that you are representing sir.

  25. On The Ridge by MK

    April 29, 2022 at 12:16 am

    Thanks for the vid great job, always a great place for inspiration for me and my videos. Peace

  26. Jason Morrow

    April 29, 2022 at 1:35 am

    8 notes?What happened to the sharps and flafs?

  27. Jason Morrow

    April 29, 2022 at 1:38 am

    Nevermind

  28. Name Name

    April 29, 2022 at 1:44 am

    How is it that you can’t use another artist melody, but you can use their literal work after only a few years, sampling it in your music without asking?

  29. khanfauji7

    April 29, 2022 at 2:19 am

    You have the same thing happening with images online. Designer makes something that might look same as something that exists or if you use something on a blog. Then you get sued for 25k by someone sitting in a foreign country suing US citizens because this country loves to litigate its business to bankruptcy.

  30. shad covert

    April 29, 2022 at 2:45 am

    Let’s just rock.

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      April 29, 2022 at 5:38 am

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  32. Axel Werner

    April 29, 2022 at 4:47 am

    While lawyers and other leeches live from the labor and works of other people , nothing will change. Because this would mean that these group of people would require skills and so actually do work to make a living. I doubt that we will see this.

  33. Stephan van den Brink

    April 29, 2022 at 5:33 am

    Copyright is just something madeup to protect an establisment a certain status quo. Its nature to copy, its a foundation of life.

  34. Ash Lorely

    April 29, 2022 at 11:00 am

    how about trying to come up with actual original music instead of 4 pop chord garbage with copycat melodies which is literally 99% of today’s music ?

  35. James Storey

    April 29, 2022 at 12:07 pm

    I think that this is all nonsense. And that the world of music desperately craves money and ownership/ownership rights. The industry can on the rare occasion be a beautiful thing, but also appeals to greed and self centred interests far too much. Abd eventually everything becomes part of that machine.

    It would be nice to strive towards utopia. But if we do that, we’d have to do away with all of the money In the industry and have musicians make music for the love of it…. And be supported by the state/public to do so. Not by the motivation of money and fame and huge labels that one push music to grab our attention and make EVEN MORE MONEY.

  36. Motivation Eyes

    April 29, 2022 at 12:58 pm

    *Everyone who reads this, we don’t know each other and probably never will but I wish you all the best in life and all the luck in the world*  🗣️🗣️

  37. 王辰

    April 29, 2022 at 12:59 pm

    These guys know a lots so listen to them, I used to that is.

  38. Winston O'Boogie

    April 29, 2022 at 12:59 pm

    No wonder pop music is so terrible with all the legal constraints on song writers. Just think of all the great songs we’ve missed out on.

  39. Mary Loves God

    April 29, 2022 at 1:59 pm

    Because of our sin, we are separated from God. You can’t call yourself a Christian and you claim to love Jesus Christ and still be acting like the world ( For example using cuss words and other things). We are supposed to follow Jesus’s examples. God calls us to live a genuine Holy, Righteous, Faithful, Truthful, Obedience, and Godly Lives everyone. The things of this world doesn’t benefit your soul, Jesus Christ can save your soul. Hunger and thirst for Jesus Christ, just as you hunger for food and water. Come to Jesus Christ today and leave all worldliness behind. Flee from worldy gains and worldly entertainment. This world and all the things that is in the world will soon be destroyed, will disappear. Humble yourselves before your Heavenly Father and ask him to forgive you of all of your sins. Repent of your sin and be born again, Rapture is imminent. You don’t know when you are going to die, Repent of your sin today because tomorrow is not promised.

  40. Arlete Pires

    April 29, 2022 at 3:21 pm

    Algum brasileiro aqui tentando aprender inglês?

  41. Caitlin Weiss

    April 29, 2022 at 4:29 pm

    This is so wholesome. This is a man who loves music and just wants to share it with others. Its beautiful to see.

  42. KOLA DOG MOCA LATE HEPPY

    April 29, 2022 at 6:29 pm

    Good job 👍👍👍🌺

  43. Bert Visscher

    April 29, 2022 at 8:54 pm

    LegalEagle may want to weigh in on this.

  44. Alwyn Nito

    April 29, 2022 at 11:00 pm

    I like old timey nursery rhymes that teach morals or about things -or- and tongue twisters
    Edit: Extra words

  45. catta g

    April 30, 2022 at 4:44 am

    I just heard Art … Thank you 💓 hahaha I understand myself

  46. Lavender

    April 30, 2022 at 6:43 am

    Prince would never!

  47. ephoenix zen

    April 30, 2022 at 7:24 am

    Maybe, just maybe, you’re envious of creativity because you’re a completely uncreative entity. Who are you to judge creative endeavour and condone plagiarism. Don’t care what your prior credentials are and having a law background is very telling! You’re not, an artist – one of the few rare human creative beings capable of high musical art. Because of this, you envy consciously awakened, spiritually enlightened other worldly God inspired artists who compose musical works of art. You analyze, dissect and attempt to understand creativity but your level of conscious awareness is sub par to the required level of understanding required to truly create, let alone even appreciate true high creative musical art. Enlightened artistic human beings are capable of true enlightened creativity and much more than this, and you, as an un evolved spiritual entity are incapable of understanding it. Consequently, you resort to thinking that melodies are finite. Musical genius is infinite as is art. Art to which you can never aspire and will never achieve. So no, I disagree and am beyond offended with your hypothesis. Just stay in your lane – go back and practice law.

  48. Gerard Ferguson

    April 30, 2022 at 7:34 pm

    Well done

  49. P M

    May 1, 2022 at 1:32 am

    It’s interesting that you identify as a lawyer first and a musician second!
    Musicians become musicians because they’ve been influenced by the music previously created by other musicians. The same is true of sculpturers, costume designers, authors, playwrights, painters, graphic designers, and photographers, to name but a few. Each chose their field because they were inspired by their predecessors. It’s therefore not outside the realms of possibility that any new works might possibly follow similar veins to the original.
    Musicians, like all other artists, create because they want or need to. On the whole, other artists regard any similarity to their own work as humbling and proof of their influence.
    It’s the Music Publishers and Lawyers who take offence, not for artistic integrity, but purely for financial reward.
    The Chiffon’s “He’s So Fine” (written by Ronnie Mack) and George Harrison’s “My Sweet Lord” are melodically very similar, but artistically poles apart. However, that’s their only similarity. The melody may be similar, but the musical arrangement, production, lyrical content and spiritual emotion of “My Sweet Lord” has elevated it to the status of a timeless masterpiece and “He’s So Fine” to a curiosity.
    George Harrison was subsequently found guilty of “subconscious plagiarism” and fined $1,599,987. It’s notable that Ronnie Mack died in 1963, 7 years before “My Sweet Lord” was released, so he knew nothing of the plagiarism. The only direct benefactor was Bright Tunes, The Chiffons publisher.
    “I’ve never had any money from the song,” Harrison later recalled. “It’s always been in escrow. As far as I’m concerned, the effect the song has had far exceeds any bitching between copyright people and their greed and jealousy.”
    As a true artist always does, Harrison found inspiration through the trauma and wrote “This Song” a single which went to No. 25 in 1976.
    It’s true “western music” is based on western mathematical structures. An octave being 8 notes. It therefore follows that all melodies are non-finite numerical sequences and thus, easily calculated.
    However, music and melodies are human creations, discovered by human experience, not computer algorithms.
    I’m deeply sceptical of these guys. They say they are both musicians, not only do they not look, act or talk like musos, there’s no mention or links to any of their musical works. Instead, Damien Riehl is the Managing Director of Fastcase Legal Research Platform and Noah Rubin is a frigging Tennis player!
    Finally, If this is such an issue why not thousands of lawsuits? The truth is, there is none.
    Clearly up to no good. DON’T DOWNLOAD ANYTHING FROM THE WEBSITE!!!!!!!

    • Damien Riehl

      May 5, 2022 at 2:50 pm

      Not sure why you’re skeptical of us. We’ve made zero dollars from our project. To the contrary, we’ve spent thousands of dollars on the project, and we anticipate that for our project’s lifespan, we’ll make exactly zero dollars.

      From your comments, it appears that we agree more than we disagree.

      To your question: “Why not thousands of lawsuits?” — because lawsuits are expensive. So people usually settle. Make the accuser a co-songwriter. We’re trying to help those “innocent infringers.” (An oxymoron, because if a defendant hasn’t heard a melody, they’re not an “infringer.”)

      To your comment: “not only do they not look, act or talk like musos” — what does a “muso” look like, act like, or talk like? I have a bachelor’s degree in music. I’ve recorded hundreds of songs — if you want to see and hear some of them, please feel free to search my name on Spotify or YouTube. You do know that people can identify as more than one thing (e.g., lawyer, musician, technologist), right? Some humans are complex with varying interests.

  50. Phatxual

    May 1, 2022 at 7:29 am

    Only bad thing about this presentation is bringing up Sam Smith & Tom Petty’s case lol.. That was EASILY a cut and dry, copy and pasted example, deserving of Tom Petty’s recognition. But a lot of other examples aren’t, and those are the ones needing the attention.
    Love this though! Been thinking about this silently to myself for a while. Music is in direct correlation with Math and it’s nice to see people with credentials bringing it to light. Thanks!💯🧡

  51. 고행보

    May 1, 2022 at 11:27 pm

    2:17

    • 고행보

      May 2, 2022 at 10:58 pm

      06:03

  52. Michael Bush

    May 2, 2022 at 7:10 pm

    I believe you can copyright a recording or a song lyric in its entirety, but melodic copyright is actually ludicrous and is killing music….

  53. Reflektor

    May 4, 2022 at 12:56 pm

    This is so true, the melody is something very generic.

  54. Let Your L⚡️GHT Forever Shine ❤️

    May 4, 2022 at 9:00 pm

    Matthew 5:16
    Let your light so shine before men, that they may see your good works, and glorify your Father which is in heaven.

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