Me and Nutella…


Here’s an advert soundalike track. They’ve even copied the Cuíca drum. Not a single note or chord is the same as Me And Julio Down By The Schoolyard, of course. But the arrangement and production clearly references the Paul Simon original – and the casual listener is left in no doubt of the source. This is the challenge of soundalike works in music publishing – technically copyright can subsist in any part of a musical work, but it tends to be interpreted (in law and in the making of the work) as only being based around musical notes i.e. if it can’t be notated, it isn’t copyright.

Of course, it is impossible to own the copyright in a musical technique, whether it be strummed semiquavers on an acoustic guitar or a Cuica ‘laughing’ drum. But if the combination of musical decisions in the original work is unique (strummed 16 acoustic, Cuica drum coming in a few bars later, fingerboard muting over a 3-chord/2-bar loop, all at the unusually fast tempo of 210BPM), it’s fair to say that the soundalike track is referencing a specific work rather than just a musical style. And if this is the case, it’s presumably been done so that the casual listener will ‘recognise’ the original; thus, the copyist is benefiting (in this case commercially) from the endeavours of the original artist – without licensing the track or asking permission.

Disclaimer – I make these observations only as an interested academic and musician. There is, as far as I know, no copyright infringement case associated with these works, and if there is I am unconnected with it. But if anyone connected with the publishing of ‘Julio’ is reading this, I hope you go after them!

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