Substantial Similarity of Musical Works: Navigating Different Tests, Recent Court Treatment
Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
Intermediate
- work Practice Area
Trademark and Copyright
- event Date
Tuesday, May 23, 2023
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
90 minutes
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This 90-minute webinar is eligible in most states for 1.5 CLE credits.
This CLE webinar will guide IP counsel on substantial similarity of musical works. The panel will address the tests for substantial similarity in musical works and will examine recent court decisions addressing substantial similarity in musical works. The panel will also offer best practices for disproving substantial similarity.
Mr. Sholder focuses his practice on litigation, counseling, and dispute resolution in connection with entertainment, media, art, and IP matters. He represents and advises clients across various industries in copyright, trademark, trade secrets, right-of-publicity, unfair competition, domain name, and commercial and business disputes, as well as defamation defense. Mr. Sholder has appeared in federal and state courts around the country as well as administrative and arbitral tribunals and has handled cases from pre-suit negotiations through trial, post-trial procedures, and appeals. He is a frequent writer and speaker on issues related to copyright and trademark in the entertainment and digital media space, with a recent focus on generative AI.
Ms. Wolff advises her clients on the registration and protection of intellectual property in the area of copyright and trademark, advises when releases are necessary under various publicity laws, and how to promote the client’s products and services without running afoul of the many advertising and privacy rules that are developing. She advises on creative ways to structure deals, make acquisitions or sell properties; as well as offering support to resolve any kind of legal dispute.
While imitation may be the sincerest form of flattery, musical artists do not want to see their creations imitated in someone else's work. There are only so many notes that artists have to design unique musical creations. Further, music often comes from inspiration. As a result, many musical works have common elements.
Copyright protection can attach to "original works of authorship fixed in any tangible medium of expression, now known or later developed, from which they can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device." Works of authorship includes musical works. However, while music and lyrics are both protectable by copyright, not every phrase or portion of a song is copyrightable.
People often think they can compare songs and determine when one artist has copied another. Of course, it's rarely clear cut and the line between imitation and inspiration has vexed the courts for years. Substantial similarity is an essential element of a copyright infringement case. But, tests for substantial similarity used by the courts have not been consistently applied. Whether two musical works are similar requires a case-by-case analysis and reasonable minds differ on whether musical works are substantially similar.
Listen as our authoritative panel of IP attorneys examines the different tests for substantial similarity in musical works. The panel will review recent court decisions addressing substantial similarity in musical works. The panel will offer best practices for disproving substantial similarity.
- Substantial similarity in musical works
- Recent court treatment of substantial similarity in musical works
- Best practices for disproving substantial similarity
The panel will review these and other key questions:
- What are the tests that are used to determine substantial similarity in musical works?
- How have the courts addressed the issue of substantial similarity in musical works?
- What steps can copyright defendants take to disprove substantial similarity?
