1:25-cv-04200 (N.D. Ga. 2023)
Complaining Work |
Defending Work |
|
Percy Bady “I’m Free” (Rev. Milton Brunson & the Thompson Community Singers)
|
Brandon John Peavy, et al. “Fill the Room” (Kristal Stallworth-Little) |
Comment by Charles Cronin
Like an increasing number of music infringement disputes, this one is grounded on verbal, not musical, similarities. The music of the allegedly infringing work has almost nothing in common with that of the plaintiff’s, save a few conventions ubiquitous in Gospel music like call & response, improvisation, declamatory vocal style, and juxtaposition of a single voice and choir. None of these conventions are protectable.
The words of the two works are substantially similar. But, like the shared musical conventions, the words are so generic and commonplace (“Praise the Lord, I’m free,” “Hallelujah”, etc.) that allowing them to be protected on behalf of a single author could generate widespread uncertainty, particularly in the authorship of African American Gospel music.