Hans Zimmer getting sued...

[Wayne Rice]

In the West, Mars is a placeholder for "war" the same way Thunder and Blazes is a placeholder for "the circus" and Pomp and Circumstance is for "academia." Mars (or a reasonable facsimile thereof) is used in dozens of movies.

Many people don't know that a movie often has a temporary score done with source music (i.e. music already in existence) attached to certain scenes even before the movie composer is hired. My guess is that Ridley Scott used Mars behind the battle scene in Gladiator in the temp score, and Zimmer was instructed to provide a "version" of Mars for the movie. That kind of instruction from a director (either express or implied) is common in the movie business. (Go to the Da Vinci Code and listen for a version of the beginning of Stravinsky's Rite of Spring.)

As already alluded to, whether a work is “substantially similarâ€

[prototypedenNIS]

ok... here, I'll give an obnvious rippoff

Holst "marching song"
LOTR soundtrack hobbits theme

up here, dead for 50, free for all.

[MaryAnn]

In defense of composers:

Many who write music had a fine ear at a young age. There may be "sound memory" that they are not even aware of. My contract with my publisher has a statement in it that my works are original material, and I had to sign to that effect.

Well, as far as I know, they ARE original material. However, I remember the beginning few measures of a delightful new piece that I played for my horn teacher a decade or so ago. It turned out to be exactly the beginning of a horn solo in a Mendelssohn piece (in the right key, even)...and yeah had I "completed" the piece it certainly would not have sounded like Mendelssohn, and if I had completed it and then found out I had stolen my opening few bars...I could probably have named it "something-or-other on a theme of Mendelssohn" or whatever.

But...I'm sure it happens that composers think their work is original when in fact it is not. Sometimes having all your friends listen to something while asking "Have you heard this before? ANY of it?" just might not be enough. So far, I hope it has been enough for me. Of course more "famous" composers, whose music is played outside of brass conferences, will be more likely to get sued.

MA

[Doug@GT]

I just pulled out my copy of the Gladiator soundtrack and listened to the piece in question. I still don't hear the similarity. The closest thing I can find comes at ~5:20, and if that's what the suit is talking about then I'm no longer sure what isn't a copyright violation...