music copyright
How are these songs similar? Is the similarity coincidental, or is there evidence of copying? What is the objective ‘extrinsic’ level of similarity between the two works? How close is too close?
musicological analysis
A musicologist report is a comparison of two or more works to establish the likelihood and extent of possible plagiarism. It can include melodic, lyric, harmony, instrumentation and production analysis, as well as detailed repertoire research to establish the copyright status of the works. Where necessary, consultations can be undertaken before a work is released, to reduce the risk of inadvertent plagiarism, and to recommend musical changes that may be needed in order to avoid perceptions of inappropriate similarity. Music analysis reports are typically used to assist intellectual property attorneys or music publishers in evaluating the strengths and weaknesses of copyright infringement claims, or to rebut spurious accusations of plagiarism. Where needed, reports can be augmented by video walkthrough comparisons, where clients can hear and see the extent of similarities or dissimilarities for themselves. Past clients include law firms, media creators, tech companies, music publishers, record labels, and individual songwriters.
For a more detailed description of Dr Bennett’s methods, please review this academic article.
We Can Work It Out: Forensic Musicology Methods. In Music Borrowing and Copyright Law, edited by Chen Zhu and Enrico Bonadio. Hart/Bloomsbury, 2023 • pdf
Recent project | “Hip-hop bass”
A hip-hop producer had composed a short bassline that was coincidentally similar to one in a pre-existing work, and the publishers of the earlier work had expressed some concerns. Dr Bennett used Prior Art research and melodic comparison to demonstrate that the 4-note sequence was a commonplace element in music, and therefore unlikely to be protectable expression in copyright terms. The client was able to dismiss the unfair accusation of plagiarism quickly and without litigation
Recent project | “K-Pop sample”
Dr Bennett was asked to analyze a retro-style keyboard sample in a K-Pop single, to investigate (before release) the extent to which it was unintentionally similar to a 1980s keyboard part in a similar style. Using melodic comparison, harmonic analysis, repertoire research, and subtraction (filtration) of unprotectable elements, Dr Bennett advised the production and songwriting team on sample selection and melodic construction. A final version of the sample was produced, and the single was released successfully, with no issues reported.
Recent project | “Perfume brand”
An international perfume brand had commissioned some evocative orchestral music for a forthcoming advertising campaign. Although the music was a new composition, it used orchestral arranging techniques that appeared in other works, leading to concerns that the music might contain references to existing compositions in a similar style. Dr Bennett undertook repertoire research to demonstrate that these techniques were common to many works, reassuring the brand’s representative that the composer’s work was original, and that any potential accusation of plagiarism based on these elements would be unfounded.
Recent project | “Country melody”
An independent songwriter asked Dr Bennett to compare an earlier composition with a subsequently released country hit after noticing similarities between the two songs. The work involved detailed comparison of the melodic, rhythmic, and harmonic material, together with consideration of the chronology and the musical significance of the similarities. The analysis concluded that the earlier work remained independently supportable as an original composition, allowing the songwriter to make an informed decision without pursuing an unsupported infringement claim.
Recent project | “Album copyright review”
Dr Bennett was commissioned to undertake a confidential pre-release copyright review of a forthcoming album by a major international songwriter. The entire album was analyzed for potentially significant similarities to earlier works, including topline melodies, instrumental hooks, chord progressions and lyrics. Several hundred possible matches were reviewed using repertoire knowledge, melodic-search tools and harmonic research. No problematic matches were identified; the few partial similarities found were short, commonplace musical building blocks with multiple earlier precedents.
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Note: Dr Bennett receives many enquiries from songwriters who believe that a short or commonplace musical similarity, (e.g. a four-note bassline, chord sequence, short lyric phrase, or melodic fragment) amounts to copying by a major artist. In many cases, such similarities are coincidental or involve musical elements too commonplace to support a meaningful infringement claim. Dr Bennett is therefore unlikely to accept matters based solely on brief, generic, or widely used musical material. If your concern involves a more substantial and distinctive similarity, please contact us.
