Posts by Nicolelieberman (1 results)

  • Un-Blurring Substantial Similarity: Aesthetic Judgments and Romantic Authorship in Music Copyright Law

    Music copyright disputes have been in the limelight since long before George Harrison subconsciously ripped off the Chiffons. Yet, with copyright holders becoming ever more litigious, disputes over musical rights are revolving around increasingly narrow claims. While copyright law is meant to only protect the expression of an idea, rather than the idea itself, drawing the line is problematic and too often results in overly expansive definitions of “expression.” Lacking any objective definitions of the terms, determining when an idea becomes expression depends entirely on how one defines “art.” A recent case finding that pop-musicians Robin Thicke and Pharrell Williams infringed Marvin Gaye’s 1970s funk song, “Got to Give It Up,” by copying the amorphously defined “feel” and “sound” of the song, exemplifies the stifling affect our law is having on artists. After examining the evolution of the circuits’ current, and varied copyright infringement tests, this note ultimately suggests a unified and more precise approach that utilizes not only experts who are well-versed in the specific genres of art at issue, but also analytic dissection that carefully considers only protectable elements when determining if works are “substantially similar.”