Music Copyright Infringement Resource
“Absolutely wonderful stuff…a unique and irreplaceable service to copyright students and teachers. Bravo.”
Robert A. GormanKenneth Gemmill Professor of Law, Emeritus, U. Penn. Law School
“A great contribution to copyright scholarship and teaching.”
Paul GoldsteinStella W. and Ira S. Lillick Professor of Law, Stanford Law School
Overview
This resource provides information about music copyright infringement cases from the mid-nineteenth century forward in the U.S. and, to an increasing extent, in foreign jurisdictions.
Come one, come all!
CONSONANCE & DISSONANCE IN ADJUDICATION OF MUSIC INFRINGEMENT DISPUTES WITHIN VARIOUS NATIONAL COPYRIGHT REGIMES IN ASIA, EUROPE, AND NORTH AMERICA
On March 18, 2022, with financial sponsorship from Davis Wright Tremaine, George Washington University Law School’s Intellectual Property Program and University of Illinois, Chicago Law School will hold an online conference on adjudication of music copyright infringement disputes within various national copyright regimes in Asia, Europe, and North America.
Panelists will discuss issues like access and substantial similarity, which are shared among regimes. Using U.S. case law as a benchmark, however, they will focus particularly on divergent national approaches to fair use, performers’ rights, moral rights, expert testimony, the role of lay listeners, sound sampling, etc., as demonstrated in dispositions of litigated and settled infringement disputes.
This is the first conference in which the views on infringement litigation of copyright academics and practitioners from diverse nations will be discussed alongside those of musicologists and theorists. This cross-pollination of ideas relating to national copyright regimes and musical expertise should spark new insights into adjudication of music infringement disputes, as well as those involving other genres of expression, in the U.S. and overseas.
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The conference is open to the public without charge. To attend you will need to register in advance. We will soon post additional information about the event and registration here.
Foreign cases
We are expanding this project to include information about music copyright infringement cases litigated in courts outside the U.S. Readers can identify these by the 2- or 3-letter country code given in the cases list. While we do not anticipate providing the virtually comprehensive coverage that we offer for U.S. cases, we hope to provide a representative sampling of cases offering insights into similarities and differences in the handling and disposition of these disputes among various national copyright regimes.
Patrick Savage, Associate Professor at Keio University in Tokyo, has shared with us documentation for Japanese music infringement cases he has studied in connection with his work on use of quantitative information to determine musical similarity. (Select the text “Creative Thinking about Musical Similarity” at the bottom of this page to learn more about his research.) ありがとうございました Pat!
Jonathan Huber, a recent graduate at Hannover’s Hochschule für Musik, Theater und Medien has provided us a valuable cache of information about German cases. These primary source materials were the basis of his Master’s thesis dealing with German music copyright infringement disputes between 1966 – 2020. Vielen Dank Jonathan! Leonie Schwanneke, student of Prof. Linda Kuschel at Bucerius Law School in Hamburg has offered to assist with drafting original commentary, and analyses of these cases. Vielen Dank ebenfalls an Leonie!
Gauthier Lunardi, a law student at Université Grenoble Alpes, is gathering and contributing to this resource, documentation and commentary on music copyright infringement cases in France. Un grand merci, Gauthier!
And many thanks to Prof. Daniel Müllensiefen and Robert Cason of Goldsmiths, Univ. of London, for their contribution of documents and commentary concerning disputes in Commonwealth nations including the UK, Australia, and Canada.
Likewise, Chien-Chih Lu, Assistant Prof., National Chengchi University College, and accomplished jazz musician, has generously shared with us documentation he has gathered relating to recent music infringement cases in China and Taiwan.
Previous news items …
Denouement in the “Blurred Lines” dispute
Creative thinking about musical similarity
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