Linkworthy: Columbia Law School Music Plagiarism Project

I have a specific scenario. A Chinese girl says a "proverb" to me. I find it so fascinating that I write a song with the line as the title and the main resolving line of the chorus. 3 years go by as I am busy putting my album together. I google the line seeing if it shows up in any literature or music. That's when I see an album with the exact line in my song. I had no knowledge when I wrote and recorded the song that there was an album named it. I still don't have any knowledge that there is a SONG with the same name. Am I in trouble? I'd love if you replied to me directly on this. macorn@gmail.com

I have a specific scenario. A Chinese girl says a "proverb" to me. I find it so fascinating that I write a song with the line as the title and the main resolving line of the chorus. 3 years go by as I am busy putting my album together. I google the line seeing if it shows up in any literature or music. That's when I see an album with the exact line in my song. I had no knowledge when I wrote and recorded the song that there was an album named it. I still don't have any knowledge that there is a SONG with the same name. Am I in trouble? I'd love if you replied to me directly on this. macorn@gmail.com

Thanks for the response. I missed that angle all together, thanks to some sort of holiday-induced brain freeze.Keep up the good work.

Thanks for the response. I missed that angle all together, thanks to some sort of holiday-induced brain freeze. Keep up the good work.

Mark,Plagiarism is defined as "taking someone's words or ideas as if they were your own". You can certainly do that with a work in the public domain. I can very easily append my name to "Hamlet" and try to convince people that I wrote it. It's not illegal and not actionable in a court of law since the work is in the public domain, but it is still plagiarism.Sadly, since artists in the U.S. don't have moral rights to their works, the only way one can sue for plagiarism is by suing for copyright infringement based upon the illegal copies the plagiarism produced. Other countries have systems in place where copyright law isn't needed to take a plagiarist to court.Still, it's a pretty awkward situation where plagiarism is more of a moral crime than a legal one. The attribution given to a work doesn't change whether or not a copyright violation took place, unless the copyright holder gave permission under such circumstances, but copyright law is the only resort for those victimized by plagiarism.It's a strange legal world we live in.

Mark,Plagiarism is defined as "taking someone's words or ideas as if they were your own". You can certainly do that with a work in the public domain. I can very easily append my name to "Hamlet" and try to convince people that I wrote it. It's not illegal and not actionable in a court of law since the work is in the public domain, but it is still plagiarism.Sadly, since artists in the U.S. don't have moral rights to their works, the only way one can sue for plagiarism is by suing for copyright infringement based upon the illegal copies the plagiarism produced. Other countries have systems in place where copyright law isn't needed to take a plagiarist to court.Still, it's a pretty awkward situation where plagiarism is more of a moral crime than a legal one. The attribution given to a work doesn't change whether or not a copyright violation took place, unless the copyright holder gave permission under such circumstances, but copyright law is the only resort for those victimized by plagiarism.It's a strange legal world we live in.

I love your site, but found this puzzling:"Many incidents are not actionable in court, including those involving public domain works, since not all plagiarism is copyright infringement." The question that raises is how can using public domain works ever be considered plagiarism? It seems to me that the very purpose of public domain is to allow widespread and unfettered use.

I love your site, but found this puzzling: "Many incidents are not actionable in court, including those involving public domain works, since not all plagiarism is copyright infringement." The question that raises is how can using public domain works ever be considered plagiarism? It seems to me that the very purpose of public domain is to allow widespread and unfettered use.

Thanks for the response. I missed that angle all together, thanks to some sort of holiday-induced brain freeze.
Keep up the good work.

Mark,
Plagiarism is defined as "taking someone's words or ideas as if they were your own". You can certainly do that with a work in the public domain. I can very easily append my name to "Hamlet" and try to convince people that I wrote it. It's not illegal and not actionable in a court of law since the work is in the public domain, but it is still plagiarism.
Sadly, since artists in the U.S. don't have moral rights to their works, the only way one can sue for plagiarism is by suing for copyright infringement based upon the illegal copies the plagiarism produced. Other countries have systems in place where copyright law isn't needed to take a plagiarist to court.
Still, it's a pretty awkward situation where plagiarism is more of a moral crime than a legal one. The attribution given to a work doesn't change whether or not a copyright violation took place, unless the copyright holder gave permission under such circumstances, but copyright law is the only resort for those victimized by plagiarism.
It's a strange legal world we live in.

I love your site, but found this puzzling:
"Many incidents are not actionable in court, including those involving public domain works, since not all plagiarism is copyright infringement."
The question that raises is how can using public domain works ever be considered plagiarism? It seems to me that the very purpose of public domain is to allow widespread and unfettered use.

I have a specific scenario. A Chinese girl says a "proverb" to me. I find it so fascinating that I write a song with the line as the title and the main resolving line of the chorus. 3 years go by as I am busy putting my album together. I google the line seeing if it shows up in any literature or music. That's when I see an album with the exact line in my song. I had no knowledge when I wrote and recorded the song that there was an album named it. I still don't have any knowledge that there is a SONG with the same name. Am I in trouble? I'd love if you replied to me directly on this. macorn@gmail.com

Thanks for the response. I missed that angle all together, thanks to some sort of holiday-induced brain freeze.

Keep up the good work.

I love your site, but found this puzzling:

"Many incidents are not actionable in court, including those involving public domain works, since not all plagiarism is copyright infringement."

The question that raises is how can using public domain works ever be considered plagiarism? It seems to me that the very purpose of public domain is to allow widespread and unfettered use.

I have a specific scenario. A Chinese girl says a "proverb" to me. I find it so fascinating that I write a song with the line as the title and the main resolving line of the chorus. 3 years go by as I am busy putting my album together. I google the line seeing if it shows up in any literature or music. That's when I see an album with the exact line in my song. I had no knowledge when I wrote and recorded the song that there was an album named it. I still don't have any knowledge that there is a SONG with the same name. Am I in trouble? I'd love if you replied to me directly on this. macorn@gmail.com

Thanks for the response. I missed that angle all together, thanks to some sort of holiday-induced brain freeze.

Keep up the good work.

Thanks for the response. I missed that angle all together, thanks to some sort of holiday-induced brain freeze.

Keep up the good work.

Mark,

Plagiarism is defined as "taking someone's words or ideas as if they were your own". You can certainly do that with a work in the public domain. I can very easily append my name to "Hamlet" and try to convince people that I wrote it. It's not illegal and not actionable in a court of law since the work is in the public domain, but it is still plagiarism.

Sadly, since artists in the U.S. don't have moral rights to their works, the only way one can sue for plagiarism is by suing for copyright infringement based upon the illegal copies the plagiarism produced. Other countries have systems in place where copyright law isn't needed to take a plagiarist to court.

Still, it's a pretty awkward situation where plagiarism is more of a moral crime than a legal one. The attribution given to a work doesn't change whether or not a copyright violation took place, unless the copyright holder gave permission under such circumstances, but copyright law is the only resort for those victimized by plagiarism.

It's a strange legal world we live in.

Mark,

Plagiarism is defined as "taking someone's words or ideas as if they were your own". You can certainly do that with a work in the public domain. I can very easily append my name to "Hamlet" and try to convince people that I wrote it. It's not illegal and not actionable in a court of law since the work is in the public domain, but it is still plagiarism.

Sadly, since artists in the U.S. don't have moral rights to their works, the only way one can sue for plagiarism is by suing for copyright infringement based upon the illegal copies the plagiarism produced. Other countries have systems in place where copyright law isn't needed to take a plagiarist to court.

Still, it's a pretty awkward situation where plagiarism is more of a moral crime than a legal one. The attribution given to a work doesn't change whether or not a copyright violation took place, unless the copyright holder gave permission under such circumstances, but copyright law is the only resort for those victimized by plagiarism.

It's a strange legal world we live in.

I love your site, but found this puzzling:

"Many incidents are not actionable in court, including those involving public domain works, since not all plagiarism is copyright infringement."

The question that raises is how can using public domain works ever be considered plagiarism? It seems to me that the very purpose of public domain is to allow widespread and unfettered use.

I love your site, but found this puzzling:

"Many incidents are not actionable in court, including those involving public domain works, since not all plagiarism is copyright infringement."

The question that raises is how can using public domain works ever be considered plagiarism? It seems to me that the very purpose of public domain is to allow widespread and unfettered use.