You probably have heard Ed Sheeran’s name in the news recently. The English singer-songwriter was named in a copyright infringement case involving a Marvin Gaye song. 

A jury decided that though the chord progressions between the songs are similar, the similarity didn’t constitute copyright infringement. 

If you’re a songwriter, you’re probably wondering what is covered under copyright law and what isn’t – and how to avoid running into a situation like this.

Background

In May 2023, a New York jury decided that singer/songwriter Ed Sheeran didn’t infringe on the classic Marvin Gaye song “Let’s Get It On” with his 2014 hit “Thinking Out Loud”, which won the English singer a GRAMMY. 

The family of Ed Townsend, the late co-songwriter of “Let’s Get It On”, alleged in a 2017 lawsuit that Sheeran had taken the rhythm and chord progression from the song for “Thinking Out Loud”, which was released in 2014. 

During the singer’s in-court testimony, Sheeran picked up a guitar and played both songs to demonstrate how similar they are. His lawyer said in her closing remarks that the shared characteristics of the songs were “basic to the tool kit of all songwriters” and “the scaffolding on which all songwriting is built.”

Sheeran had said that he would have “quit music” if he was found guilty of plagiarism during the trial. 

According to the NYT, after the jury cleared him, Sheeran said in a statement that he was happy that he wouldn’t have to quit music, but expressed his frustration that the case, which was about a simple four-chord progression, happened in the first place. 

“We have spent the last eight years talking about two songs with dramatically different lyrics, melodies and four chords which are also different and used by songwriters every day, all over the world,” he said. 

He added that “These chords are common building blocks which were used to create music long before ‘Let’s Get It On’ was written and will be used to make music long after we are all gone.”

Here are some other cases involving copyright of songs: 

In 2021, singer/songwriter Olivia Rodrigo gave songwriting credits to members of Paramore and Taylor Swift, Jack Antonoff, and St. Vincent for her songs “Good 4 U” and “1 Step Forward, 3 Steps Back” and “Deja Vu” after the songs had already been released. 

In 2019, a jury decided that Katy Perry’s 2013 song “Dark Horse” sampled a six-note melody from Christian rapper Flame, awarding the rapper $2.78 million. 

In 2015, a jury decided that Robin Thicke and Pharrell Williams had infringed on the copyright of another Marvin Gaye song, “Got To Give It Up” with their 2013 hit “Blurred Lines”. They had to pay the late singer’s estate $5.3 million. 

The attorney who represented Gaye’s estate in that case, music attorney Richard Busch, told Variety that copyright infringement cases are proved two ways. First, the judge listens to expert testimony and decides if there are enough similarities between the works to take the case to a jury trial, and if there are, it goes before a jury trial, where members listen to the song to decide if they’re similar. 

Judges and juries are generally not made up of musical experts, so many copyright cases following the “Blurred Lines case” are handled out of court. 

What does the law say?

According to EasySong.com, parts of a song that are protected under copyright are lyrics and melody. (Sometimes artists will interpolate the words or melody of another well-known song in their work, usually with a song credit for the other song’s writers). 

Harmony and chord progressions are generally not protected under copyright law – which is good, since most pop songs are built on simple chord progressions.  Rhythm and structure of a song are generally not protected under copyright either. 

If you’re wondering about copyright law, you can find the most up-to-date information on the U.S. Copyright laws here. 

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REVIEW: Epiphone Les Paul Custom Koa

Check out the Epiphone Les Paul Custom Koa in our store!

Here’s a transcript of the review:

INTRO

Today I’m reviewing for you one of the higher-end Epiphones that we carry at Fret Zealot. This is the custom Koa, the Les Paul Custom model by Epiphone. The custom Koa is one of the higher-end models offered by Epiphone, going past just the base level, beginner instruments.

FEATURES

This custom Koa offers a lot more of the premium features that you see with the higher-end Epiphones, and even the Gibson guitars. I’ll be talking you through some of the differences that you get when you pick up the custom Les Paul KOA by Epiphone.  This guitar is a mahogany body with the Koa top, which is what you see on the front, but the wood, the main wood of the body, is a rich mahogany, which is a really sought after tone wood. It has a mahogany neck as well, and then the ebony fingerboard. Epiphone is not messing around when it comes to the wood selection. This is a combination that’s favored by many Les Paul enthusiasts.  You get a lot of beautiful attention to detail with this guitar. I would call it classy and curated.

Everything about this guitar is just no-nonsense, all classiness. It’s  really good looking. and no really nothing really that doesn’t sit out of place to me. You got the beautiful natural wood – in my opinion you can’t go wrong, especially with like nice piece that you see on the front. There’s multilayer binding across the body and then binding on the neck and the headstock which really frames the instrument. It has gold hardware, which is a sweet combination, and then some of the black pickup rings and the black pickguard, which sort of just looks consistent with the with the ebony neck. The whole thing just really comes together beautifully. It’s got 22 medium jumbo frets with the block pearl inlays, so you’re really getting that Gibson vibe.  It’s got the  slim taper neck, so it’s really nice and playable without being quite a c-shape. I’m finding it is actually a really nice and easier neck to play on. I prefer a slimmer neck, so this is nice to see from the Epiphone or Gibson brands.   It’s a similar neck but it’s slightly tapered in, so if you’re not familiar with the slim taper neck on the Epiphones, this would be a great guitar to check out.  Shout out to the tuners as well, also really nice gold tuners, and these say “Grovers” on them.  Grover tuners are really nice.

OVERVIEW 

I just think the guitar is super sturdy feeling. I could call it “responsive and snappy”.  Even when I’m not plugged in, I think it sounds good, which is a sign of a great-sounding guitar. It’s just resonant, even when I’m not plugged in, so that’s always something that I look out for.  This guitar really rocks. Some of the things that you get with this guitar that you don’t get in the entry-level Epiphones is the full custom Les Paul shape with the curved top. This is not a flat slab, it’s got the curved model top that you get with the Gibson Customs, it’s got the binding. This is the set neck, so there’s no neck screws here.  This is not a bolt-on neck, this is a set-neck design, which is a really nice construction. It gives it a little bit more resonance and sustain, which is contributed to as well by these really nice tuners. That’s helping you with the tuning stability.  I’m finding this guitar to be really sort of substantial-feeling, responsive but also very like resonant, and it’s kind of a beast, but it’s not too heavy. It’s a little bit heavier than what you would expect for an entry-level Epiphone, but it’s not going to break your back.  I think they did a good job of balancing out the weight, I’m finding it really comfortable to play. It looks awesome, sounds great, and you can’t forget the pro-buckers. We got the pro bucker two and three in the bridge in the neck with the gold plate covers. These are modeled after the old Gibson PAF humbuckers which are the patent applied for humbuckers. These Pro buckers by Epiphone are modeled after that sound of that era the PAF humbuckers from the early Gibson years so you’re getting a lot of classic accoutrements, a lot of classy vibes from the construction, the look and the premium features that come with this guitar.

Check out the Dean MDX and Dean Thoroughbred X in our store! 

Here’s a transcript of the review:

Intro: 

So the Dean X Series is slightly – I don’t want to say beginner,  because this feels like a more of an intermediate or more entry-level price range, but these guitars really pack a lot and they’re at a more intermediate range.  

Dean Thoroughbred X

The two different models from the X Series that we’re looking at are the Thoroughbred which you see here is the single cutaway style guitar; it kind of looks like the Les Paul style. I think it’s got some key differences that make it look really unique and then there’s also the MD which the X version of that is somewhat like the Strat style guitar; it comes in a hardtail version as well as a floating Bridge version with the Floyd Rose. Two different finishes to choose one to choose from the Blue Burst as well as the solid matte black, two really striking looks. These guitars have some really high-end features that you don’t necessarily expect from guitars in this price range. As you can see this one has a quilt Maple top underneath the blue finish, but it’s just like beautiful.  Also the black Hardware throughout the guitar, both on the bridge and this pickup selector. The straps, the strap buttons as well as the tuners, all feature nice-looking black hardware.  I think these guitars have a really nice look with them, as well as with the black headstock through and through.  I think they’re packing a lot of interesting looks and features as well as construction that you don’t always see from guitars in this price range. I also wanted to shout out the binding, nice white binding on the body as well as the neck and the headstock.  Dean is doing a very good job of charming me with some nice-looking guitar features here, and it doesn’t stop there.  These guitars have a really great construction.  They’re made out of mahogany in the body, which is a fantastic wood for a guitar body.  It’s definitely substantial, it’s not too heavy but it’s definitely got a little bit more weight because mahogany is just a slightly denser wood. It gives you some great tonal properties.  I think these guitars have great sustain. This is a maple neck which is great.  I love Maple for the neck and then Indian Rose Wood on the fretboard and a mahogany body.  There are two different styles to choose from and you’re ready to rock with the Dean X Series so let’s give it a lesson and see what these guitars are all about. 

Dean MDX 

So here you can see the brother of the Thoroughbred in the X Series which is the MD guitar. This is the double cutaway style, a bit more of a strat again, like the Thoroughbred is not quite like an Epiphone, the MD not quite like a strat. I think they really stand sort of on their own playing field. Dean has a real serious Legacy in rock and roll instruments so I think that character really comes through in a unique way.  These guitars are really built to rock.  They’ve got zebra humbuckers featured throughout the entire X line.  These are DMT designed humbucking pickups and they sound really nice.  I think they’ve got a bit more output.  They sound pretty hot and they’re ready to rock in my opinion. They’re super nice and have a broad range. 

There’s a lot of low end in there. Even in a fairly clean amp setup you just really hear a lot of broad full sound coming out of these pickups. They’ve got a little bit more of a higher output, so I think they’re really nice. I think they sound great with distortion, they’re super good for rock and also clean up really well. But you’re definitely going with a more of a souped-up humbucker style guitar with the Dean line here, and I think these guitars really do a good job of building on the Vendetta line which is their entry point into the Deans.  This guitar features some really great improvements.  We talked about the wood types.  I find the wood combination to be right on for this guitar, and then especially with with the two blue ones,  the Trans Burst, I mean these finishes look great and the quilt Maple top is also just coming out. Awesome simple setups both of these guitar.  This guitar has got just the one volume knob, one knob to rule them all. I think it’s about, it does pretty much everything you need and roll it off a little bit if you want to you know get a little bit of the tone cut too.  It’s just one knob that you don’t want to underestimate. I also love that this is knurled metal, I think that’s my favorite knob type.  These Dome knobs with the knurling on the side for the good grip, and then the three-way selector switch which gives you the bridge pickup then both the neck and the bridge together and then finally the up position which gives you just the neck. 

Comparing that to the Thoroughbred, the Thoroughbred has got sort of the classic four knob configuration, where each humbucker has its own set of tone and volume knobs. So it’s kind of an interesting choice between the two because you’re going from one guitar which has four different knobs to this one which is more of a minimalist, but definitely very effective knob configuration.  I think they were kind of smart to go for this. I personally do like the single volume knob setup with these kinds of guitars too. I think it does a great fit for more of a rock and metal style guitar like these.  Speaking of this guitar also comes with a version that has the Floyd Rose. Let’s grab that and take a look. 

The X Series gives you the option of getting into a guitar with the Floyd Rose-licensed floating bridge. It’s pretty smooth.  I think it’s a pretty nice floating bridge, and it gives you a lot of different fun things that you can learn with the guitar whether or not you’re a floating bridge person.  I think it’s awesome that Dean put this option in this price range because having this sort of bridge is something that is sought after for a lot of different genres. It’s definitely something that I personally um you know and familiar with from the Dean line.  I know they have a long history of really cool guitars and guitar players that make great use of the Floyd Rose tremolo and so this can be a nice way to get into a guitar that’s got a Floyd Rose from Dean. Also, these guitars are 22 frets with jumbo frets, and I think that’s just another thing that’s a shout out to all those kinds of guitar heads and people who really like rock music like jumbo frets.  These different features that they put in here are sort of catered to awesome rock instruments and sort of that legacy of rock and roll metal guitar playing that Dean was one of the leaders in. So this is an awesome guitar series that gives you a lot of that spirit at a nice price range, some great features that are awesome. You’re not going to be compromising on the look. I think the finish types that were chosen will be suited to a lot of different tastes.  You got the beauty of the transparent blue with the quilt Maple, but also a more refined or mysterious look with the matte black.  I really like the matte on this finish. It is easy on the eyes and it doesn’t pick up fingerprints the way that gloss finishes do.  I think this is a fantastic matte.  I think it might be a little bit of an underdog compared to the blue but this is a really classy look and a bit of a dark horse vibe all the way up to the headstock again with the alternate looking headstock this is more of like the standard six on one side with the tuning tags compared to the Thoroughbred which has the three and three. 

I wanted to talk really quickly about the two different bridge options.  Side by side, you’ve got on one end the Floyd Rose, which is your whammy bar option, and then on the other end you’ve got the tried and true Tune-O-matic bridge, which is your hard tail.  The Floyd Rose is a unique design because it’s a floating bridge, which means that if you can run this you can bend this bad boy down or back to give you drops or dives. 

So if you’re into that, you’re definitely looking to get the Floyd Rose.  It also comes standard with the locking bridge, which is definitely a necessity for a Floyd Rose guitar with all that extra string tension. They put the locking bridge on the guitars that come with the Floyd Rose once you lock your bridge down with these hex nuts, then you’re good to go crazy with the whammy bar and you can also use these fine tuners while your bridge is locked to get the guitar into tune with the fine tuning adjustments. It’s a bit more meat to chew when it comes to the Floyd Rose.  You know for me, I really enjoy it, but it comes with a little bit of extra work in terms of maintaining the guitar changing your strings and things like that. But I’m really happy that you know Floyd that the Floyd Rose is available on these Dean guitars in this range taking a look you know here this guitar is going to be a little less fussy. You can slam on this guitar and it won’t fall out of tune quite as easily. You’re sort of weighing two different options. It depends on the kind of style you want to play. In some ways maybe Dean meant one version to be more of a rhythm style, the other one to be more lead,  but I really think you know the Floyd Rose bridge is used in either style and so the option is just there for you no matter which way you want to go. I think that’s what’s awesome about the X Series, that you’re kind of getting all of your rock arsenal in a concise little lineup by Dean.  Between the Thoroughbred and the MDX, which one would you choose? Which finish choice would you go after? lLet us know in the comments. Let us know what you think about these guitars.  They’re available on FretZealot.com and we’re super stoked to have them in stock.  So check us out and let us know what you think about the Dean offerings.

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Fret Zealot has courses for every skill level and interest, from complete beginners to pros. We also have some unique lessons that will teach you skills outside of the box. 

Rockabilly Guitar for Beginners

If you want to play 1950s Rockabilly and Rock ‘n’ Roll the right way, then this course is perfect for you. It will take you through the Nashville Number System, teach you to recognize the key of a song, and help you through chord progressions.

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Take guitar repair into your own hands with this beginners’ guide.

Diminished Lightning – Gypsy Jazz Guitar

Diminished harmony creates tension in music. This course will teach you the diminished chords and how to use them in your own playing. This joins about five other Gypsy Jazz courses we offer, so lots to continue with if you enjoy this unique style!

Flamenco Guitar

If you’re looking for a challenge, why not try flamenco guitar? This course breaks the style down by component so that you can utilize it in your own music. There’s also a course for Flamenco Ukulele!

Musical Meditations

Need to relax? This course uses beginner guitar techniques to help you reach a space of meditative peace. It’s a well known fact that music is good for you. Embrace that and give these “meditations” a try!

Ultimate Guitar Maintenance Guide

It’s not necessarily a unique course in general, but it’s a neat course we offer! Being a guitarist goes beyond just playing well. This course will teach you how to keep your instrument in perfect condition. 

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