However, if the alleged infringer is found to have had access to the original work, and there is a sufficient degree of similarity between them, the evidential burden will shift to them. Generally, it is for the claimant to prove ownership in the copyright alleged to have been infringed. While he had previously (in 2017) agreed out of court to co-credit the writers of TLC classic No Scrubs, this time Sheeran decided to take a stand against a newer claim made by less recognised artists – and won. However, in recent years, more high-profile cases involving musical copyright infringement are being heard in the English courts too – the most recent of which was brought pre-emptively by Ed Sheeran against others who had declared that the song ‘Shape of You’ infringed their copyright. Unlike in the US, copyright violation cases in the English courts (including damages) are not decided by jury, but rather a specialist judge with knowledge of the issues in play. Many creatives consider it to be a dangerous precedent, while some legal commentators see it as an anomaly owing to an emotionally-swayed jury. The decision in that case, and the size of the award, sent shockwaves through the industry. an infringement of an aspect of the composition. When the former duo’s Blurred Lines was subject to a successful claim by Marvin Gaye’s estate, there was no suggestion the similar groove had been sampled without permission (which would also have been an infringement of the rights in the recording), but that a new recording was too similar in feel to the groove for Got To Give It Up (Pt.1) – i.e. Those rights are further infringed when the work is distributed, communicated to the public and so on.Īrtists from Pharrell Williams and Robin Thicke, to Katy Perry and Led Zeppelin have found themselves parties to high profile copyright disputes in the US. Image by NRK P3 (CC BY-NC-SA 2.0) Legal frameworkĬopyright subsists in both original musical works and recordings, and (in English law) is infringed if the whole or part of such works are reproduced in any material form. However, with so many online streaming and video platforms hosting so many compositions by lesser-known artists, the lines are increasingly blurred when it comes to proof of copying. Under English law, claims require an element of actual copying (consciously or not): so a case will often hinge on the likelihood of access by an alleged infringer to the earlier work. They can result in multi-million pound settlements or, just as bad, protracted legal battles during which publishing revenues may be frozen. Copyright disputes, in some cases involving decades-old material, can be complicated by multiple different owners and rights holders – whether co-authors, estates, record companies or publishers. But if there ever was a time when imitation would have been seen as a form of flattery, this no longer rings true in the industry today. While the music industry rightly celebrates artists for innovation, the DNA of popular music has always been based on certain recognised tropes and formulas. They wrote this column in response to Ed Sheeran’s recent plagiarism case court victory, and in it they discuss when – and when not to – bring a claim like this, the career implications of being part of one, the differences between US and UK plagiarism lawsuits – and whether the laws used need updating in the face of new technology. This is a guest post on music copyright law by Oliver Lock, and Owen O’Rorke, who, respectively, work in Reputation Management and Intellectual Property & Commercial, at UK law firm Farrer & Co.
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