Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
9th Circuit's Acceptance of 'Melodic Reduction' May Change Music Infringement Litigation
In recent years, courts have frequently dismissed music copyright infringement cases at the summary judgment stage, finding that the plaintiff failed to raise a triable issue of fact concerning the claimed similarity between the allegedly infringed and infringing songs. See, eg, Onofrio v. Reznor, 2000 U.S. App. LEXIS 2835 (9th Cir. 2000); Moore v. Columbia Pictures Indus. Inc., 972 F.2d 939 (8th Cir. 1992); Cottrill v. Spears, 2003 U.S. Dist. LEXIS 8823 (E.D. Pa. 2003); Toliver v. Sony Music Entertainment Inc., 149 F. Supp. 2d 909 (D. Ak. 2001).
In a number of cases, the court found the opinion of similarity offered by the plaintiff's expert musicologist ' usually a music professor or otherwise credentialed music scholar ' to be legally deficient or otherwise irrelevant to the applicable legal standards. However, a decision earlier this year from the U.S. Court of Appeals for the Ninth Circuit in Swirsky v. Carey, 376 F.3d 841 (9th Cir. 2004), amended by 2004 U.S. App. LEXIS 17969 (9th Cir. 2004), appears to have expanded the net of music copyright infringement cases that may survive summary judgment. In Swirsky, the court found that a type of expert musicological analysis, commonly called “melodic reduction,” can raise a triable issue of fact concerning similarity. This article will explain melodic reduction and the problems that the Swirsky decision and melodic reduction may pose for defendants in music copyright infringement cases.
This premium content is locked for Entertainment Law & Finance subscribers only
ENJOY UNLIMITED ACCESS TO THE SINGLE SOURCE OF OBJECTIVE LEGAL ANALYSIS, PRACTICAL INSIGHTS, AND NEWS IN ENTERTAINMENT LAW.
- Stay current on the latest information, rulings, regulations, and trends
- Includes practical, must-have information on copyrights, royalties, AI, and more
- Tap into expert guidance from top entertainment lawyers and experts
Already a have an account? Sign In Now Log In Now
For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473
New York's Latest Cybersecurity Commitment
On Aug. 9, 2023, Gov. Kathy Hochul introduced New York's inaugural comprehensive cybersecurity strategy. In sum, the plan aims to update government networks, bolster county-level digital defenses, and regulate critical infrastructure.
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
How AI Has Affected PR
When we consider how the use of AI affects legal PR and communications, we have to look at it as an industrywide global phenomenon. A recent online conference provided an overview of the latest AI trends in public relations, and specifically, the impact of AI on communications. Here are some of the key points and takeaways from several of the speakers, who provided current best practices, tips, concerns and case studies.
Use of Deferred Prosecution Agreements In White Collar Investigations
This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.