What Are The Rules When It Comes To Music Copyrights? Good Question
MINNEAPOLIS (WCCO) -- A jury in California found one of Katy's Perry songs sounds too much like a song from a Christian rap group. Christian rapper Marcus Gray, who also goes by Flame, as well as two co-writers sued Perry, her producers and songwriters. They argued the beat and instrumental line of Perry's "Dark Horse" were substantially similar to their song "Joyful Noise." On Monday, the jury agreed.
So, what are the rules when it comes to music copyrights? Good Question.
"To a musicologist, they're going to analyze it at a much different level and they're going to find similarities and differences than a layperson," says entertainment attorney Blake Iverson. "And, the juries are laypeople."
Iverson says the plaintiffs must prove two things in a music copyright case: access to the song and substantial similarity.
In the age of the Internet, Iverson says the access argument doesn't matter as much as it used to because music is so widely available. It was, though, a point of contention in Perry's case.
As far as substantial similarity, Iverson says there are two competing arguments. First, "Dark Horse" and "Joyful Noise" have to the same four notes repeated twice in a similar cadence. On the other hand, "Dark Horse" is slower and an octave different.
According to the Associated Press, Perry's legal team argued the musical elements in question were simple and should be available to everyone.
Iverson pointed to other big copyright cases, like Spirit's lawsuit against Led Zeppelin over "Stairway to Heaven." In that case, the big comparison was the descending minor scale and whether Led Zeppelin knew of Spirit's song, "Taurus." A court ruled in Led Zeppelin favor in 2016, but earlier this year, another court decided to review that decision. It could be headed back to a judge's panel in September.
So, can the similarities in songs just be a coincidence?
"Yes," says Iverson. "Independent creation is a defense to a copyright infringement case."
In 2015, a court ruled in favor of Marvin Gaye's family regarding his song "Got to Give it Up. Gaye's family had sued the songwriters of Robin Thicke's 2013 song, "Blurred Lines." Iverson says that was a turning point in music copyright law.
"Instead of access and similarity, it became the look and feel that counts," he says. "This is what keeps copyright attorneys up at night."
Iverson says his best advice to music clients: Document your creations.