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Copyright Infringement/Expert's Report
A songwriter failed to establish substantial similarity as a matter of law between his and the defendants' musical compositions, the U.S. Court of Appeals for the First Circuit decided. Johnson v. Gordon, 04-2475. The unpublished opinion is worth reviewing for the appeals court's detailed consideration of the plaintiff's expert witness report. The appeals court began its decision by commenting: “Music is an international language that has the capacity to bring together people from every corner of the world. It is also an economic engine, capable of yielding financial gain to those who own and control it. This appeal, which involves a controversy over the authorship of a hit song, exposes us to that coarser side of the music industry.”
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