Permission to copy a sample on a different instrument

[cmooremusic]

Hi guys

Just written the majority of a song this morning around a simple staccato piano chord structure.
Just realised that the pattern is very similar to the first part of the "la la la la la" melody sung in this song:

 

If I was to eventually release this song commercially, would I need permission?
I've never actually made any money form music but you never know!

Cheers,
Chris.

Edited December 12, 2015 by john
Embedded the video to make it more instantly accessible

[Fabien]

Hi, just to understand your question more. Are you copying an excerpt from an old record and placing/splicing it into a new recording? or are you manually playing over the exact chords from another song with another instrument? If former, you would need permission if recording is not in public domain. If latter and no one can recognize or identify a similarity with an existing song, it may be able to pass.

The leverage you have is that it's a chord structure you are using rather than an exact melody copied note for note. I have known composers to use a few bars from another song’s chord structure which went unnoticed. However, taking an entire song's chord structure and giving it a new melody may be quite risky. 

Edited December 12, 2015 by Fabien

[cmooremusic]

Hi Fabian

Thank you for your reply.
I am not sampling the original recording at all but I'm pretty sure it's recognisable as the melody of the song.
I've attached the chord pattern along with as simple drum loop.

Cheers,
Chris.

It's Christmas Time.aif

[Fabien]

I listened to your Riff and from my POV it's still not the exact note for note melody and tempo of the original composition. In a matter of fact. you have not even used the chords from the original recording. What you have done is played some chords and applied a new rhythmic pattern, tempo and time signature. Don't think it’s a major copyright issue. However let's hear what others with more experience have to say. 

[cmooremusic]

Thanks for your reply Fabien.
I can see your points but I'm still not quite sure.
Music copyright is such a tricky thing- I wasn't consciously thinking of the song when I wrote the chords but I don't know if it's similar enough to be a problem.
Would definitely be good to hear what others say.

Cheers,
Chris.

[MikeRobinson]

There is no "computer algorithm" that would decide whether-or-not infringement has occurred.  The "la la la la la" phrase used in this song is quite generic ... as long as you promise to exclude "those dammed canaries!"  

... And, as long as you do not produce something that "immediately calls to mind" that song.

In other words:  "the note 'E', repeated as six eighth-notes followed by a rest, followed by the note 'D' repeated similarly and so-on," is nothing special.  But, given that your composition seems to remind you(!) of "this particular dreadful(!) song," you probably should do something about it.  Change the instrument.  Get rid of the birds.  

Do something ... anything (pretty please!!) ... in the passages surrounding "that particular phrase," that do not teleport me, or you, back to "that particular song."  Either in the overall melody, or in the musical treatment of that melody.

Personally, I would not automatically consider what you've done to be "a sample."  If you literally took a sound-bite (or a so-called "stem") from an actual existing musical recording, that would be "a sample."  But if you merely play six eighth-notes of "E" followed by six of "D," that is not.

(P.S.:  "Ugh."  Thank you for re-introducing me to an ear-worm ...)  

Edited December 24, 2015 by MikeRobinson