How Close Is Too Close to A Popular Melody

[Mac Wilkey]

Okay.  I have had these lyrics for over 15 years--probably a lot more but I put them in a poetry book in 2006.  I just uploaded them to SongCloud with me singing them acapella and for the first time I noticed that the melody I'm singing is pretty darn close to "Thank You Lord for Your Blessings on Me".   My "He's the God of Tomorrow As Well As Today" title line is at the same place in the song.  You can see that my line has a few more "syllables" in it but the singers of TYLfYBoM really stretch that part out so I can't say that mine is different.  What little I know about muscial notes tells me that my notes are getting higher and TYLfYBoM are getting lower.  The first half of the first verse--we ARE right together almost note for note.

 

Okay, you're thinking j ust show us the sheet music--easy enough right.  I don't have sheet music for my song (or for theirs).  I just have myself singing it acapella and I can add a link to somebody singing TYLfYBoM.  But what I want to know is would I be violating copyright laws if my chorus has a different last line melody than the copyrighted song.  Of course the words are completely different.  HELP @Patchez @Peggy @john

 

Here is the word comparison--mine are not in bold and mostly in italics.  For the first 4 lines below, the music in my head is exactly what TYLfYBoM has.  After that I drift away from theirs but the most difference is at the last line of the chorus.

 

While the world looks upon me

Have you ever             just wondered

As I struggle along

(    ) What God has in store

They say I got nothing

When he’s saying be patient

But they are all wrong

Just one battle more

In my heart I’m rejoicing

Does he know all the burdens

How I wish they could see

That you have to bear

Thank you Lord

Does He know that you’re hurting

For your blessing on me

Does he hear every prayer

 

Chorus:

There’s a roof up above me

Yes He knows about burdens

I’ve a good place to sleep

And he know that theyre real

There’s food on my table

But he sees the next valley

And shoes on my feet

While you’re climbing this hill

You gave me your love Lord

He knows all your heartaches

And a fine family

Will be taken away

Thank you Lord

For he’s the God of tomorrow

For your blessing on me

As well as today

 

I know I’m not wealthy

He knows what we’ll be like

These clothes theyre not new

When we’re fashioned His way

I don’t have much money

He knows where we’re headed

But Lord I have you

And how long we’ll stay

And that’s all that matters

He knows that these trials

Though the world may not see

Can hardly compare

Thank you Lord

For He’s the God of tomorrow

For your blessing on me

As well as today

 

Repeat chorus:

There’s a roof up above me

When in white-robed perfection

I’ve a good place to sleep

Together we’ll stand

There’s food on my table

Throughout endless ages

And shoes on my feet

Oh won’t that be grand

You gave me your love Lord

So remember if He lets

And a fine family

Some trial come your way

Thank you Lord

He’s the God of tomorrow

For your blessing on me

As well as today

 

 

Thank you Lord

(Not used in HtGoTaWaT)

For all your blessings on me

(Not used in HtGoTaWaT)

 

 

[john]

Hey Mac, I think you already instinctively know the probable outcome. Length wise, it certainly seems a long enough section for the basis of a claim. From what you describe it would seem to fall under accidental plagiarism (though that would be the basis of an infringement defence... to be determined by court). The level of the infringement would be largely determined by a musicologist’s report to the court.... all of which would be in response to a claim by the copyright owner.

 

I do not know the song in question. When was it written? Do you know if it is still in copyright? If it is no longer in copyright then simple attribution might be enough... though you have to be careful. For example, if there already is an adaption that is still in copyright, you would be infringing that. 

 

This is, of course, all the more legalistic perspective. Then there is the court of public opinion. If you think that even remotely, awareness of this song could have somehow influenced your song, then you should give attribution... and that too is an indicator of the likelihood of a court determining that your work is a derivative work. Intentional or unintentional is a separate determination.

Being fair is central to the ethical/moral issue. If you are fair you will generally guide yourself appropriately. The legal position would have to be determined by a court, however, if you can see the similarity,  so will a musicologist, jury and judge. In other words, I would expect any infringement case to be more about level of compensation and future licensing.

 

Does that help?

 

[Peggy]

Hi Mac,

 

For me, if I thought I was too close, or if I heard the similarities, lyrically or in melody, I'd find an adjustment. I wouldn't want it to be like another work. Now with that said, I have written lyrics for old old tradtional tunes where the original artist may not even be known. As of yet, i haven't tried to record those songs.

Peggy

[Mac Wilkey]

Thanks to all three of you.  I think that my song is different BUT it can be sung to the Thank You Lord--and I sometimes do.  My song has been around a while.  Two of my daughters have large framed "He's the God of Tomorrow as Well as Today by Mac Wilkey" art work so I've actually met my goal (of  9r people singing my song by heart) in a way.  My other daughter came up with music for it a few years back and doesn't know where it is now.  I told Patchez no one in my family played an instrument but my wife and daughter play piano but strictly by the notes.  I was talking about my brothers when I told Patchez that. 

 

I'm going to sing it the different way and have Music Transcriptions do the music.  Then I'll have my wife play that music and if it sounds anything like Thank You Lord, I'll consider it too close.  I do have it on soundCloud now with me singing acapella but I'll re-record that making sure that I use the different sound.  Being practically tone deaf leads to problems when you're writing songs.

 

Any way, thanks again. @Peggy @john @Patchez

[MikeRobinson]

I think that, if you contemplate commercial use of the song, you need to engage the services of a music-industry attorney.

 

It is called: "due diligence."

 

(And:  it is actually a fairly routine request that ought not cost too much.)

[Mac Wilkey]

@MikeRobinson Thanks.  You probably don't know how tone deaf I am.  I can be singing a church song at home and be singing it to a completely different tune.  It drives my wife (who plays piano) crazy.  I just like the new tune that I've come up with and can sing it that way until I go to sleep and then couldn't do it the next day.

 

My problem, I'm beginning to realize, is that all of the tunes "in my Head" are somebody else's tunes.  I've heard them before or they wouldn't be "in my head".  However, there is a chance that I tweaked a tune in my head when I wrote my own lyrics and was singing it as I developed it.  Also, there are millions of tunes as you pointed out.

 

As an example, I had a tune called "It Is I Be Not Afraid" that was a pretty irregular melody.  I was using some music software to try to capture it.  Finally I had something pretty good although I added a few words to make it work with the new melody.  When I sang it to my wife and oldest daughter, they said, "That's 'The Lighthouse'".  It did sound good for a reason.

[MikeRobinson]

Like I said – it's a gray area which is intended (by law ...) to balance the realities of inspiration against the realities of intellectual property.  If you're trying to make a living in this business, I think that really does make perfect sense to have an experienced "counselor" on your side:  someone who really knows, and who will if necessary write a "due diligence" letter.

 

My experience has been that these attorneys "understand the business," and that they also "understand artists."  Their fees for this sort of thing actually aren't unreasonable.  (They know how to play it for the long-play.)

[deArch]

I think MR is saying that for any commercial song you should do the due diligence via a musical attorney  You will have bult your case should someone bring legal action against you