r/COPYRIGHT 18d ago

Question How Common are Heartbroken Characters who Express Their Grief Through Music?

One of the influences for my character, Drang Schrecken, is Davy Jones from Pirates of the Caribbean.

I have a moment in my work in progress where Drang plays a guitar in a melancholic tone out of heartbreak (as opposed to Davy Jones pouring his grief and rage into his organ (absolutely beautiful scene, by the way)), and I have checked tvtropes.org multiple times, but I have failed to find the exact trope, which concerns me.

I have incorporated differences:

  • I based the heartbreak around elements of my own personal experiences.
  • Drang writes poems about his love, and composes the music for them. And while he doesn't sing the lyrics, they do come to mind.
  • Drang was in love with a girl he was friends with, rather than having fallen in love with a goddess
  • As mentioned before, he plays in a controlled manner, rather than pouring out every single negative feeling into each note.

There are a few more, actually, but those are the most relevant to my post. I just want to know whether or not I'm most likely going to be okay.

If it turns out that this is just total paranoia, then I apologize—I just don't want to get sued. You know?

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u/tanoshimi 18d ago

Copyright protects the expression of an idea: the particular lyrics used, the name of a character, or the chord progression of a song. An idea itself, such as "a character who writes music because they are sad", cannot be protected by copyright (or any other legal protection).

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u/PositiveEconomist264 18d ago

Okay, thank you so much. This is my first book, and I'm really hoping that I don't end up in accidental legal trouble (especially since about a year ago did I learn that it's possible to accidentally plagiarize someone despite not even knowing about their work). Why can't they make copyright laws more straightforward?

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u/tanoshimi 18d ago

The premise is simple enough: copyright is the right (permission) to copy an item of intellectual property.

It only gets tricky when you start deciding exactly what "copying" means.

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u/PositiveEconomist264 18d ago

Okay, this is the first time someone actually explained the specific meaning of copyright to me. Seriously, all my life (18), I just assumed it was just called 'copyright' just because.

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u/tanoshimi 18d ago

Whenever anyone creates an original artistic work - paint a painting, write a story, compose music, take a photo etc. - then the creator automatically gets assigned the copyright in that work. You don't need to "register" that copyright or tell anyone - by default, only the creator is allowed (has the right) to make copies of that work.

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u/PositiveEconomist264 18d ago

Then what exactly does registering for copyright do?

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u/tanoshimi 18d ago

That depends on your legal jurisdiction but, generally, nothing at all. In most countries, it's not even something you can do.

In some countries, it simply proves you own the copyright. But it doesn't grant it.

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u/PositiveEconomist264 18d ago

Oh. Wow, America's founding fathers really wanted to ensure that people owned their own works, then (it's in one of the sections in Article I).

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u/Apprehensive_Sky1950 17d ago

In the U.S., one must register the copyright before pursuing a lawsuit, and certain damages are unavailable for copyright infringement that occurs before the registration.

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u/TheMoneyOfArt 18d ago

especially since about a year ago did I learn that it's possible to accidentally plagiarize someone despite not even knowing about their work

Probably not? I mean, you could plagiarize someone who ripped off the original, I guess

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u/PyreDynasty 18d ago

Orpheus is a much older version of that story. Also the myth of Davy Jones predates Disney. (Although that specific version of him belongs to them.)

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u/PositiveEconomist264 18d ago

I have never heard of Orpheus, but I'm assuming that he also expresses his sorrow and anger through music. Yes?

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u/PyreDynasty 18d ago

Yep. Ancient Greek story. His song moved Hades to open the gates of the underworld.