Entry for EPMOW by Bob Clarida

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plagiarism [1] representing all or part of another composer’s work as one’s own, whether knowingly (e.g. 1940s novelty song “Rum and Coca-Cola” deemed to have “deliberately and willfully infringed” Lionel Belasco’s Trinidadian calypso “L’Année Passée,” Baron v. Leo Feist, Inc., 173 F.2d288 (2d Cir. 1949)) or subconsciously (e.g. George Harrison’s “My Sweet Lord” deemed a “subconscious copying” of the Chiffons’ “He’s So Fine,” Bright Tunes Music Corp. v. Harrisongs Music, Ltd., 420 F. Supp. 177 (S.D.N.Y. 1976), aff’d sub nom. ABKCO Music Inc. v. Harrisongs Music, Ltd., 722 F.2d 988 (2d Cir. 1983)); [2] unauthorized incorporation of pre-existing material into one’s own composition with the intention that it be recognized as the work of another, whether for purposes of satiric commentary (e.g. lyrics and riff of Roy Orbison’s “Oh, Pretty Woman” satirized in 2 Live Crew’s “Pretty Woman,” Campbell v. Acuff-Rose Music Inc, 510 U.S. 569 (1994)) or simple allusion (e.g. piano intro to Gilbert O’Sullivan’s “Alone Again, Naturally” sampled and looped in Biz Markie’s “Alone Again,” Grand Upright Music Ltd. v. Warner Bros. Records, Inc., 780 F. Supp. 182 (S.D.N.Y. 1991). See also, for example, quotations of “Greensleeves” and “In the Mood” during fadeout of Beatles “All You Need Is Love”; quotation of Gregorian chant “Dies irae” in Berlioz’ Symphonic Fantastique.). If second work targets earlier work as object of ridicule and “parodic character may reasonably be perceived,” Campbell at 582, even extensive taking of copyrighted material may be permitted by law.