How many characteristics of a song can be reproduced in a new one without infringement? Is copying a song’s title and key (e.g. D major) enough?
It’s actually an involved legal question. There’s been lots and lots of court cases over whether a song just samples a bit from another one, or is similar to another one, or if it’s copied.
I remember the one over Blurred Lines (which, unrelatedly, I can’t believe flew in 2013) got a lot of media attention.
Lil Nas X used a sample from Nine Inch Nails for Old Town Road and didn’t get it cleared prior to it becoming a success. Reznor decided to clear it, though.
The Verve used a sample from an orchestral version of a Rolling Stones song and the Stones got all the royalties from 1997-2019.
TBF it was looped through the whole song as the main sound. They probably should have seen some kind of trouble coming.
