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United States copyright law protects original expressions but not facts, methods, discoveries, or other ideas being expressed, a doctrine known as the idea–expression distinction. Despite making this distinction, verbatim copying is not always required for copyright infringement, as paraphrasing is also prohibited in certain circumstances. [6]
Music plagiarism is the use or close imitation of another author's music while representing it as one's own original work.Plagiarism in music now occurs in two contexts—with a musical idea (that is, a melody or motif) or sampling (taking a portion of one sound recording and reusing it in a different song).
5.1 Idea–expression dichotomy and the merger doctrine. ... A copyright is a type of intellectual property that gives its owner the exclusive legal right to copy, ...
Nature of the copyrighted work: Using a more creative or imaginative work (such as a novel, movie, or song) is less likely to support fair use than using a factual work (such as a technical article or news item). In addition, use of an unpublished work is less likely to be considered fair.
Chord progressions based on the ascending series of 4ths are common in many jazz and pop/rock songs, and can be traced back to Mozart, Bach and earlier,” the music copyright expert told Bored Panda.
A difficulty posed by the idea-expression distinction is that "[n]obody has ever been able to fix that boundary, and nobody ever can", as Judge Learned Hand wrote for the Second Circuit Court of Appeals in 1930's Nichols v. Universal Pictures Corp., holding that while a fictional character can be copyrighted, it must be well-developed. [24]
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