/ Inspiration and Creative Reuse in Music

Covers, remixes, and samples are practices that enrich music and drive the ongoing evolution of art. These forms of creative reuse honor and respect original works and stand apart from plagiarism, which lacks the necessary innovation and respect.

Valentina Gutiérrez

Associate

Music is an art form in constant transformation. Inspiration and the creative reuse of existing works play a fundamental role in this process. Practices like covers, remixes, and samples are recognized as legitimate and exciting ways to reinterpret and transform songs. However, it is essential to distinguish these practices from plagiarism, which constitutes copyright infringement and lacks the creativity and reverence required to honor original works.

In 1971, George Harrison’s song “My Sweet Lord” reached immense popularity, becoming the best-selling single in the United Kingdom. However, a few years later, Harrison was sued by the rights holders of “He’s So Fine” by The Chiffons, who claimed “My Sweet Lord” was a copy of their song. The court ruled that Harrison had committed unintentional copyright infringement and was ordered to pay a significant amount in damages. This case underscores the importance of protecting original works and demonstrates how unauthorized similarities can lead to legal disputes. So how exactly do covers, remixes, and samples differ from plagiarism?

Covers: A New Interpretation

Unlike plagiarism, covers are a legitimate form of creative reuse that respects copyright law. Jeff Buckley, whose career was significantly boosted by his interpretations of other artists’ songs, is a clear example of how covers can bring a fresh perspective to an existing work. His renditions of “The Boy With the Thorn in His Side” and “I Know It’s Over” by The Smiths, as well as “Hallelujah” by Leonard Cohen, demonstrate how he respected the original melody and lyrics while adding a new emotional dimension to the songs.

Covers allow songs to transcend generations and musical styles, keeping the spirit of the original alive while adding a personal touch. From a copyright standpoint, covers require permission from the copyright holder of the original work. This ensures the original creator receives appropriate recognition and compensation, while allowing for creative reinterpretation.

Remixes: Creative Transformation

On June 20, 2024, a wall in Greenpoint, Brooklyn, became the center of attention after it was painted with the name “Lorde” using the distinctive font and color scheme of Charli XCX’s album “BRAT.” The announcement stirred speculation among fans and the media, who interpreted Charli XCX’s original song “Girl, So Confusing” as a diss track aimed at Lorde. The following day, Charli XCX released a remix of the song featuring Lorde, included in her remix album “Brat and It’s Completely Different but Also Still Brat.” This collaboration not only confirmed the song addressed their relationship but also showcased a musical reconciliation between the two artists.

A remix involves modifying an original song to create a new version. This may include changes in tempo, structure, or the addition of new musical elements. The creation of remixes requires authorization from the copyright holder under Chile’s Law No. 17,336, which provides that any modification of a protected work must be authorized by the original creator.

Samples: Reused Fragments

Sampling is a widely used technique in music where artists reuse fragments of existing songs to create new compositions. Caroline Polachek, for example, uses a sample from “Don’t You (Forget About Me)” by Simple Minds in her song “Welcome to My Island.” These fragments can be vocal lines, rhythms, or any sonic element, allowing artists to pay homage to their musical influences while creating something entirely new.

The use of samples requires permission and licensing agreements to ensure the original creators are properly compensated. According to Law No. 17,336, any use of a protected work, including sampling, must be authorized by the rights holder. This guarantees that authors’ rights are upheld and that they receive fair compensation for the use of their work.

Covers, remixes, and samples are practices that enrich music and contribute to the constant evolution of artistic expression. These forms of creative reuse respect and honor original works and are clearly distinguishable from plagiarism, which lacks the necessary innovation and respect. On World Intellectual Property Day, we celebrate creativity and innovation in music while reaffirming the importance of protecting the works that inspire us.