So much blah is written about sound-a-likes, re-imagines and re-records but when the ‘Cease and Desist’ notice arrives on either Brand’s or Agency’s desk, there is often a lot of blaming of the other party. The law is very clear. It says that it all comes down to intention and if there were causal links to the final outcome

As many of these decisions about the final track come on a Friday afternoon 2 days before playout, soundlounge thought we would give it to you in 5 simple points.

  1. Have you asked musicians to record part of the song that is not the same as but similar to another song?
  2. Are you using a part of that song/track? (The relevant similarity will be assessed by reference to a range of factors – including melody, key, tempo, harmony and structure)
  3. Did you or anyone associated with this campaign make any enquiry about this specific copyright to the Rights Holders?
  4. If you are doing a direct re-record, did you ask for permissions from the Rights Holders?
  5. Did you at any time think you might need to call a musicologist?

When talking about copyright infringement, the copyright owner just needs to show (assuming the causal link described above exists) that you copied a “substantial part” of their copyright work.

Still not sure? Give us a call and we’ll be happy to walk you through.