Abstract
ABSTRACT Recent copyright infringement litigation has revealed ambiguity in the scope of legal protection for musical works. Courts have especially struggled to distinguish between unprotectable, foundational musical ideas and copyrightable expressions of them. This article advocates for increased application of the legal doctrine of scènes à faire—which permits the exclusion of indispensable ideas when proving infringement—to contextualize more acutely similarities identified in a lawsuit according to evolving creative practices and repertories that are essential to genre communities. In so doing, this article furthers methodological discourse in forensic musicology to promote future case outcomes attuned to musical genre practices.
Published Version
Talk to us
Join us for a 30 min session where you can share your feedback and ask us any queries you have
Schedule a call