Musical Plagiarism?

iaeolan

iaeolan

Dalayan Elder
So this band, Iced Earth, has a song called "Desert Rain". First time I heard it I knew where part of the song was from, Super Mario Land for gameboy. More specifically, stage 2, the 'ruins' which has a final boss of some wimpy lion.

Listen at about 2:30 into the song then compare with the theme.

Iced Earth - "Desert Rain" - http://s48.yousendit.com/d.aspx?id=0FFYE4LPF1TT40L63DEQAW95Y3
Super Mario Land - Stage 2 - http://s48.yousendit.com/d.aspx?id=1X5ALWKH0THYA2FSFV2NZ85V9N

Disclaimer: Links will expire in a week, or if enough people download. Delete the song when you are done with it.




So.... is this illegal?
 
I didn't listen but if the song contains a sample of some other source then it likely would be breaking copyright unless they previously secured permission. Much like Vanilla Ice sampling part of Queen's Rhapsody.
 
There are numerous bands which take bits from someone else's songs and transplant it into theres. To me it just shows lack of creativity.
 
dbum said:
I didn't listen but if the song contains a sample of some other source then it likely would be breaking copyright unless they previously secured permission. Much like Vanilla Ice sampling part of Queen's Rhapsody.
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But from what I heard it's not sampling it is just the same melody. Sampling would be directly pulling the sound from the Mario song and inserting it into the Desert Rain song (my hubby does music production on the side so I'm getting the info secondhand).
 
it's not a direct sample, it's them playing the song. and its not bits and pieces, it's the whole theme lol.
 
JayelleNephilim said:
Do you know for sure they did not get premissions?
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no idea... been searching around it various times for like a year since i noticed it.... i see no mention of it anywhere so either a) no one cares and doesn't want to point it out or b) no one knows about it

it's quite possible the band itself doesnt even know. when the song was put out in their second album in 1992 the band was moving people around and stuff. There are only 2 people max in the band now which was in it at the time the song was made.
 
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