3 questions and a bonus

[adam12]

I saw this on a thread somewhere but this may be a little different.

Question 1... I ran across a band that uses some "famous" riffs in some of their songs that sound like something else at times. It's very catchy and fits but it sounds like it was taken from another tune just maybe in a different key. Is this a copyright violation?

Question 2... This band also uses a classic rock song, on purpose, but have completly changed the words. I pretty sure but I want to ask. Is this a copyright violation?

Finally Question 3... Since this band is just getting started and they are only looking for 1000 cd or less but want to be able to mass produce, just in case, how would they be able to obtain a license for "borrowed" material if it is indeed copyrighted material?

They are a Contemporary Christian Rock band but not like Apologetix. Which is kind of like the bonus question. How does a band like Apologetix record using someone elses music to their lyrics and make any money or get by with it?

Thanks!

[uab9253]

1. Depends on how much of a riff is used. Key does not matter. Also depends on how aggressive the holder of the publishing rights wants to be. If they are just playing clubs or have a tune up on Soundclick or Myspace and not for money, they are probably ok.
2. Is sure is. Again, you can get away with some of that in clubs. But if it is on a recording being sold, it will be litigated if found.
3. They have to find the holder of the publishing rights of the song. Check Soundclicks rules on posting cover tunes for the best explanation of what you need to do.

and finally that band you mention likely is paying to do that. If not, they better pray...