The Name Game Pro Tip:
  1. Didja accidentally blow through the whole, "We're using our real names" thing on registration? No problem, just send me (Mike) a Conversation message and I'll get you sorted, by which I mean hammered-into-obedient-line because I'm SO about having a lot of individuality-destroying, oppressive shit all over my forum.
    Dismiss Notice
  2. You're only as good as the harshest criticism you're willing to hear.
    Dismiss Notice

Musical Citations

Discussion in 'Tips, Tricks & Talk' started by Michael Lückgen, Jul 10, 2022.

  1. #1 Michael Lückgen, Jul 10, 2022
    I am wondering wether or not it "is okay" to cite motifs or themes from other works. I am not working professionaly in music, my music will not get published or make money, so nobody cares about it anyway in legal terms, but what about the following theoretical scenarios:

    1. I will score the latest batman movie and want to use elfmans theme. Am I allowed to? I guess not, because the rights are owned by a film studio?
    2. I want to do an original work and want to quote the batman theme, because in the script someone is dressed in a batman costume. Would that be allowed? What if it is just a project which does not bring in any money?
    3. I want to create an original piece which uses, let's say the motif of beethoven's 5th. Just the motif and my development on it will be completely original. Is that allowed?

    I guess that all of the cases will legaly not be allowed right? But it seems so weird to me. When writing a script I am allowed to quote "May the force be with you" right? When looking at music like a language, why are citations or building on an idea not allowed?

    Of course these scenarios are all theoretical and probably I shouldn't think too much about it, but I keep wondering...

    Also how do you guys, who are actually working composers, handle such things in case you discover that your melody was accidentaly stolen from a pop tune or a symphony but you didn't realize that until someone pointed it out?
     
  2. #2 Robert Jeter, Jul 11, 2022
    1. I imagine if you were scoring a Batman film, you could easily get permission to use Elfman's theme since many of the rights belong to the franchise.
    2. Using someone else's theme as a spoof or a parody is usually considered fair use under law.
    3. Beethoven's 5th is in the public domain, so you can do anything with it you want... Interestingly, Manuel de Falla quotes Beethoven's 5th in his ballet, "The Three-Cornered Hat." It leans on the Romantic vision that the 4-note motive represents the "knock of fate."
     
    Michael Lückgen likes this.
  3. #3 Michael Lückgen, Jul 12, 2022
    Thank you for the explanation!
     
(You must log in or sign up to post here.)

Share This Page