Forensic musicology applies music analysis to copyright and authorship questions. In practice, that usually means asking a more precise version of a simple question: is a substantial part of a protectable element of Song B copied from Song A?

Although we often hear about musicologists giving testimony in court cases (including Dr Bennett’s work in this area), most forensic musicology work never reaches a courtroom. The majority of projects are confidential analysis for attorneys, publishers, labels, songwriters, producers and media companies who need to know whether a perceived similarity is evidence of copying, coincidence, sampling, or simply the use of commonplace musical material. 

The usual starting point for the process is comparative analysis: melody, rhythm, harmony, lyrics, form, instrumentation and production, depending on the issue in dispute. Musicologists usually use key-compensated transcription (and audio comparison) so that two works can be compared like for like. There are only 12 keys, and copyright is generally considered independent of key: a song can be transposed into a different key and still be the same composition (or ‘Musical Work’ as defined in copyright terms).

But similarity on its own is not enough. Popular music is a constrained art form, and short melodic fragments, chord loops, drum patterns and genre conventions recur often. The important question is whether the shared material is distinctive, or whether it also appears in earlier repertoire.

This is why Prior Art research is central to much of Dr Bennett’s work. A musicologist should not simply assert that something is commonplace; they should demonstrate it with evidence from other works. One of his research papers describes the Prior Art Proxy: if a disputed musical element appears repeatedly in earlier repertoire, that can serve as potential evidence that the similarity we hear might be ascribable to Independent Creation rather than copying.

Prior Art research can be particularly useful with short melodic fragments, where coincidental similarity is much more common than some people assume.

Forensic musicology also includes the authentication of alleged audio samples. This is different from comparing two compositions, because the question is whether audio from one sound recording was mechanically copied into another – and the Sound Recording is a different copyright from the Musical Work.

Sample authentication work can involve waveform and spectrum analysis, phase cancellation, anomaly detection, and attempts to reverse-engineer the production process. In Artist Revenue Advocates, LLC v. Kanye Omari West, for example, Dr Bennett’s analysis examined multiple versions of the disputed songs, alleged sampling, and audio sample-detection evidence, and he later gave deposition and trial testimony on those issues. docket.

Some musicology projects involve soundalikes: music deliberately written to evoke the style or feel of existing music, without copying protectable expression. This is common in film, television and advertising, where a composer may be briefed against a reference track or genre. The musicologist’s role is to distinguish specific copying from genre convention, often before release, and to recommend changes where a new work has moved too close to its reference.

Dr Bennett’s methodological approach is also informed by research into how contemporary songs are actually made. Since the early 2000s, most commercial popular music is created directly in a DAW, where composition and production happen at the same time. Melody and lyric remain important, but so do timbre, sound design, samples, instrumental textures, rhythmic feel and production choices. In practice, many songwriters are often in the business of creating finished tracks rather than composing a lead sheet that is later produced. That matters in forensic musicology because copyright law still distinguishes the musical work from the sound recording. Dr Bennett’s analyses therefore combine detailed musical comparison with an understanding of songwriting practice, production technology, repertoire, and listener perception.

more information

For Dr Bennett’s specific consulting services, see Music Copyright, Expert Witness, and Sample Authentication.