lack of creativity (per se) but if they were to be told “no” and still used the beats they lift, perhaps the penalty is greater than being caught ……….(or by contrast): being lucky to have not been caught at all.
That’s the “catch 22” (literally)
- “Catch me if you can,”
or:
- “You caught me, my song was hot, so…now what. How much do I owe you—first, after we take it to court and let a jury decide if they hear what you say you hear, too
Aside from just blogging, I’m a writer, so…I know. Unlike lyrics and literature, plagiarism doesn’t have a fine line-it is what it is: Right smack dead there. You WILL be caught.
But in other art forms, like choreography and music (production) for example, that fine line is just that: fine. Fine as hell, and typically, the maestro of the music (or move) who, obviously knows their work, picks right up on it (legally fine like: you can’t really patent choreography but you can patent a move of choreography like Michael Jackson’s lean in Smooth Criminal).
But with regard to music-the audience ear, (us-outside) can pick up on a lifted sound only if it was a blatant lift like Pharrell’s Blurred Lines—by which (even before the birth of the trial in 2014) I even knew it was a Marvin Gaye song), dissolves that fine, “blurred” line.