How Courts Determine Copyright Infringement in Music Cases

It is no wonder that the music industry is a multi-billion-dollar industry that continues to grow every year. But with the growth of the music industry comes the rise of copyright infringement cases.

Copyright is a legal right granted to the creator of an original work of authorship, including literary, dramatic, musical, and artistic works. Copyright gives the creator the exclusive right to reproduce, distribute, and perform their work.

Copyright protection is automatic and does not require registration or payment of fees. It is important to note that copyright protects the expression of an idea, not the idea itself. This means that someone else can create their own work based on the same idea, as long as they do not copy the expression used by the original creator.

What is Copyright Infringement in Music?

Copyright infringement in music occurs when someone uses someone else's copyrighted work without permission. This can include using a portion of a song, using the melody or lyrics of a song, or sampling a portion of a song.

To prove copyright infringement, the copyright owner must show that the alleged infringer copied a substantial part of their copyrighted work.

How Courts Determine Copyright Infringement in Music Cases

When a copyright infringement case goes to court, the court uses a two-part test to determine if copyright infringement has occurred.

The first part of the test is to determine if the alleged infringer copied a substantial part of the copyrighted work. The second part of the test is to determine if the alleged infringer's work is substantially similar to the copyrighted work.

Copying a Substantial Part of the Copyrighted Work

To determine if the alleged infringer copied a substantial part of the copyrighted work, the court looks at the quality and quantity of the portion that was copied. The court will consider the importance of the copied portion to the copyrighted work as a whole.

For example, if the copied portion is the hook or chorus of the song, it may be considered a substantial part of the work. However, if the copied portion is a small, unimportant part of the song, it may not be considered a substantial part of the work.

Substantially Similar

Once the court has determined that a substantial part of the copyrighted work was copied, the court will then determine if the alleged infringer's work is substantially similar to the copyrighted work.

This involves a subjective comparison of the two works. The court will consider the overall feel and sound of the works, as well as the melody, lyrics, and harmony. If the court determines that the alleged infringer's work is substantially similar to the copyrighted work, then copyright infringement has occurred.

The Shape of a Copyright Case: Analyzing Ed Sheeran's Alleged Infringement

One of the most high-profile copyright infringement cases in recent years involved singer-songwriter Ed Sheeran.

In 2016, Ed Sheeran was accused of copying the melody and other elements of Marvin Gaye's 1973 hit "Let's Get It On" for his own song "Thinking Out Loud." The case was brought by the heirs of Ed Townsend, who co-wrote "Let's Get It On" with Marvin Gaye.

To prove copyright infringement, the plaintiffs had to show that Ed Sheeran copied a substantial part of "Let's Get It On" and that "Thinking Out Loud" was substantially similar to the copyrighted work.

The case went to trial in 2019, and the jury found that Ed Sheeran did copy a substantial part of "Let's Get It On." However the jury also found that the copying was not extensive enough to constitute copyright infringement.

The jury was asked to focus on the similarities between the two songs and determine if they were substantial enough to constitute infringement. They listened to expert testimony from musicologists, who analyzed the similarities between the two songs, and heard testimony from Ed Sheeran himself, who denied copying "Let's Get It On."

Ultimately, the jury found that Ed Sheeran had copied the melody, rhythm, and other elements of "Let's Get It On" but that the copying was not extensive enough to constitute copyright infringement.

The jury's decision was based on a subjective analysis of the two songs, and it highlights the difficulty of determining copyright infringement in music cases.

Key Takeaways

The recent copyright case of Ed Sheeran highlights the difficulty of determining copyright infringement in music cases and the subjective nature of the analysis.

It is important for musicians, producers, and other creative professionals to be aware of copyright laws and to obtain permission before using someone else's copyrighted work. While it may be tempting to use a portion of someone else's work to create something new, it is important to understand that doing so without permission can lead to legal trouble.

As the music industry continues to grow, it is likely that we will see more copyright infringement cases in the future. By understanding how courts determine copyright infringement in music cases, we can better appreciate the value of creative works and the importance of protecting them.