![]() ![]() Usually, if a music copyright infringement case makes it to trial (which is rather rare, as most claims are settled out of court), it is up to the jury to decide, which is what occurred in the "Blurred Lines" case. Instead, the judge or jury may consider various factors, including the creative process behind the allegedly infringing song as well as expert testimony, in reaching a decision. To prevail on a music copyright infringement claim, a plaintiff must show that the defendant had access to the plaintiff's song and that the two songs have "substantial similarity." The latter is judged through the "ordinary observer test," which asks whether an ordinary observer would find the songs to have substantial similarity.Īnd what all that means in layman's terms is that there is no bright line rule to determine whether infringement has occurred. Under the law, many aspects of a musical composition can be copyrighted, including melody, lyrics, rhythm, and chord progression, so long as the creation reflects a "minimal spark" of creativity and originality. That 2015 verdict is currently on appeal. The most famous recent example, of course, involves the $5.3 million jury award to the family of Marvin Gaye over the hit song “Blurred Lines” by Pharrell Williams and Robin Thicke. (1-64) Ending: Send special shouts out to my main man Part C Everybody Claps your Hands, I can’t hear you, Do it y’all 1-16 Clap Hands x8 Lt, x8 Rt: Clap hands up to your Lt side 1-8), Rpt Rt 9-16) 17-24 Clap Hands x8 making a Semi-Circle: While clapping hands x8 make 1/2 circle down c/w 25-32 Clap Hands 8 Times With 1/2 Circle: While. The Music Copyright Infringement Resource tracks the earliest case to "The Cot Beneath the Hill" trial in the Southern District of New York in 1844. "Music plagiarism" has become a buzz phrase in intellectual property circles in recent years, particularly as digital music sampling has become exceedingly common. The term is now interchangeable with "music copyright infringement," though such claims are nothing new to the recording industry. ![]()
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