![]() Because listen to Art of Noise’s “Moments In Love. For instance one of the criteria needed to disprove infringement is to show there was “pre-existing” material that sounds like the material in question. Some music libraries even allow for it so laws that mattered 20 years ago are harder to apply now. Digital recording has made it effortless to borrow sounds. But it’s not as simple as ‘the same 8 note melody’ any more. And if that’s the case is he then merely guilty of attempted infringement? (Don’t answer that. ![]() And just because Robin Thicke admitted to wanting to write a song like “Got To Give It Up,” it doesn’t mean he actually accomplished (in a court of musicology) what he attempted to do. Some of us hear frequencies and tones that others simply don’t. Some say it’s a no brainer: that there’s no ‘there there.’ Just as many didn’t hear the resemblance between “Blurred Lines” and “Got to Give it Up.” When I heard “Blurred Lines” for the first time, I thought it was “Got To Give It Up.” Maybe it’s part of the Laurel Yanny phenomenon. You may adore Katy (as I do) and want to defend your idol but it’s only fair to ask yourself…ġ- if you’d feel the same about the 2 compositions if the defendant were an unknown.Ģ- if you were the author of “Joyful Noise” would your eyes have widened upon hearing “Dark Horse”? So let’s take a deeper dive.įirst of all, infringement suits should not be popularity contests. Still, I want to be thoughtful about each individual case. On the other hand I’m concerned that the onslaught of lawsuits of late are threatening the creativity of my community. I tend to hear things my colleagues don’t. Newsflash, if your song were in the test tube you may not want me on the jury. Recently I was asked to consider signing an Amicus brief (a petition) in support of the “Dark Horse” position. But with the decision of another similar case which ruled in favor of Led Zeppelin’s “Stairway to Heaven” over Spirit’s “Taurus” the judge reversed the “Dark Horse” verdict finding that the individual notes in the osinato were not copyright protectable. A jury decided that “Dark Horse” did in fact infringe (knowingly or not) and Flame was awarded 22.5% of the song.
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