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Music Copyright Infringement Online Archive PDF
Music Copyright Infringement Online Archive PDF
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This website comprises hundreds of documents (texts, scores, audio and video files)
associated with music copyright infringement cases in the United States from 1845
forward. These documents have been collected and edited by Charles Cronin, a librarian at
Columbia Law School, who is also responsible for all analysis and commentary in this site.
The Columbia Center for New Media Teaching and Learning is providing ongoing
assistance with the digitization and organization of these materials.
We encourage all readers to explore the site fully and freely. In doing so you may
download and modify portions of the site for non-commercial uses. If you reproduce
portions of the site we require that you both acknowledge Columbia Law Library as the
source of these, and also reproduce Columbia University’s copyright notice as well as any
third-party copyright notices on any materials you reproduce. You may not copy the site in
its entirety without written permission from Columbia Law Library. If you reproduce or
modify materials from this site you are responsible for determining whether such use falls
under fair use provisions of the copyright law or requires a license from the copyright
owner. We do not permit reproduction of any of the materials in the site for commercial
use.
By selecting I ACCEPT below you acknowledge that you have read these terms and agree
to be bound by them. If you do not agree to these terms select I DO NOT ACCEPT and
you will not be allowed to access the website.
http://library.law.columbia.edu/music_plagiarism/index2.html
The purpose of this project is to capitalize on the distributed nature of digital
information systems to collect, organize and distribute graphic and audio
materials associated with music copyright infringement cases in the United
States from the middle of the nineteenth century on. This documentation,
especially for cases over twenty-five years old, is difficult to obtain and has
never before been systematically collected or published in print or electronic
format. Our goal is to accumulate and publish a complete collection of music
copyright infringement opinions, comments about the musical works they
consider, and graphic and sound files of relevant portions of these works.
Plagiarism per se is not grounds for a tort claim; one sues for copyright
Purpose and Content infringement based on an alleged plagiarism. While many instances of
plagiarism are not actionable under copyright law, we use this term because it
has long been associated with the broad notions of wrongful appropriation and
List of Cases publication as one's own of another's expression that are at the heart of these
music copyright disputes.
Discussion and Questions
We hope too that this project will prompt inquiry into the question of how
List of Song Titles digital music technologies, notation software in particular, might be used
effectively in analyzing and arguing music copyright infringement disputes.
To this end, in partnership with Columbia's Center for New Media Teaching
Technical Information and Learning, we offer initial suggestions along these lines in the "Discussion
and Questions" component of the site. We intend to supplement this
A Word on Copyright pedagogical and theoretical segment with a list of print and electronic sources
dealing with music plagiarism.
Website Authors
This is a work-in-progress and not yet an exhaustive collection of U.S. music
plagiarism cases for which there are published opinions. It now includes,
Acknowledgements however, many of these cases, and contains at least partial documentation
associated with a sufficient number of them to be useful to practicing lawyers,
academicians, musicians and anyone curious about this quirky corner of
Contact Information
copyright law. One can easily obtain audio recordings and other
documentation associated with recent cases like Acuff-Rose; we will post
materials associated with recent cases, but our initial concern is to make
available obscure works from earlier ones. Please read the brief "Technical
Information" statement if you have questions about access to materials on the
website. We welcome readers' contributions of comments, corrections and
documents.
Charles Cronin
Reference Librarian
Columbia Law School
Music copyright infringement suits often involve unknown musicians seeking compensation from
financially successful songwriters and performers, for alleged misappropriation of the intellectual content
of musical numbers that were never published, or that enjoyed limited circulation. Judicial opinions
typically turn on the court's musical analyses of the works in dispute, but these analyses are not
meaningful to the reader without audio and visual representation of the musical numbers under scrutiny.
These numbers are not, of course, presented along with the court's opinion, and complaining works in
particular are generally accessible only from the court’s case docket or from the files of the attorneys
involved. Unless, then, one somehow already knows the disputed works, one cannot properly evaluate the
court's published opinion. To do so, one needs to see the score of the musical work, and/or see and hear a
recorded performance of it -- the latter increasingly important as audio engineering and performance style
become ever more vital to the commercial success of popular numbers. This can be surprisingly difficult;
while everyone has heard of Andrew Lloyd-Webber and can obtain the sheet music and recording of
Phantom, who has heard of Ray Repp, and his "Till You," that he claims Webber’s work plagiarized?
Even commercially successful works of popular music have fleeting appeal and brief shelf lives; within a
decade or so of publication, the recording and sheet music of once-popular numbers can often be found
only in specialized archives, or occasionally, tattered and shopworn, in the collections of municipal
libraries.
To improve access to this information -- access particularly helpful to legal scholars writing from a
historical perspective on music copyright issues -- this on-line archive will present audio and graphic
representations of musical works that are, or have been, the subject of adjudicated music plagiarism cases.
Text files summarize and comment upon each case, and contain the full text of the court’s opinion. Image
files provide representations of pertinent segments of the musical works in question through standard
music notation; sound files include both MIDI files with non-stylized renditions of the purely musical
content of relevant portions of the disputed numbers, and also streaming audio clips taken from analog
and digital recordings of performances that were intended for public delectation.
We believe that this on-line archive will be useful to copyright academics, attorneys practicing in this
area, and to musicians seeking insight into an entertaining though cabalistic topic. It will offer new means
of accessing and analyzing information that pertains to an area of law that now begs inquiry into the issue
of how changes in the creation, content, dissemination and consumption of popular music in America in
the 20th Century - which have not, for the most part, been acknowledged by the copyright bar - should
inform music copyright infringement judges and litigants, who tend to approach their work with the
paradigms developed for disputes involving Tin Pan Alley numbers in the early decades of this century.
Case List
Before 1900
Reed v. Carusi
Jollie v. Jaques
Blume v. Spear
1910 - 1919
Cooper v. James
(materials in
preparation)
Boosey v. Empire
1920 - 1929
Marks v. Feist
Hein v. Harris
Fisher v. Dillingham
1930 - 1939
Wilkie v. Santly Bros.
Norden v. Oliver
Ditson
Arnstein v. Edward
Marks
Hirsch v. Paramount
Pictures
Arnstein v. ASCAP
1940 - 1949
Darrell v. Joe Morris
Music Co.
Davilla v. Harms
McMahon v. Harms
Arnstein v. Twentieth
Century-Fox
Brodsky v. Universal
Pictures
Heim v. Universal
Pictures
Arnstein v. BMI
Arnstein v. Porter
Baron v. Feist
1950 - 1959
Shapiro, Bernstein v.
Miracle
Jones v. Supreme
Music Corp
Overman v. Loesser
(materials in
preparation)
Robertson v. Batten,
Barton, Durstine &
Osborne
Wihtol v. Wells
Dorchester Music
Corp. v. National
Broadcasting Co.
1960 - 1969
Berlin et al. v. E.C.
Publications, Inc.
(materials in
preparation)
Nordstrom v. RCA
Leo Feist v. Apollo
Records
1970 - 1979
Strachborneo v. Arc
Music Corp
MCA v. Wilson
Granite Music v.
United Artists
Ferguson v. N.B.C.
Plymouth Music v.
Magnus Organ
1980 - 1989
Testa v. Janssen
Selle v. Gibb
Baxter v. MCA
Gaste v. Kaiserman
1990 - 2000
Dawson v. Hinshaw
Music
Levine v. McDonald's
Intersong-USA v. CBS
Grand Upright v.
Warner (materials in
preparation)
Moore v. Columbia
Pictures
Tempo Music v.
Famous Music
Fantasy v. Fogerty
Acuff-Rose Music v.
Campbell
Cartier v. Jackson
(materials in
preparation)
La Cienega v. Billy
Gibbons (materials in
preparation)
Repp v. Lloyd-Webber
Selletti v. Carey
(materials in
preparation)
Smith v. Michael
Jackson
Ellis v. Diffie
McKinley v. Cox
(materials in
preparation)
http://www.ccnmtl.columbia.edu/projects/law/library/index.html
Introduction
Referenced Cases
Our discussion considers first the applications of
notation software and the use of the software itself Hein v. Harris
to demonstrate the similarities or differences
Selle v. Gibb
between two or more musical works. Second, we
consider use of search engines to retrieve prior art Fantasy v. Fogerty
from thematic or full score collections of digital
music data. Our objective is not to attempt an
exhaustive treatment of the applications of these Tools and Resources
technologies, but rather to provoke readers to
experiment with them, or at least to reflect upon Themefinder
their potential efficacy in this area. We have posed a
New Zealand Digital Music Library
number of questions too, that we hope readers will
respond to given our aim to have the site present, QuickTime
eventually, diverse viewpoints on the issues it raises.
RealPlayer
Finale Plug-In
[ Next ] >>
Image files
Published print versions of the works and prints of digital notation files that we encoded for this project
were the sources of the music image files on the site. Readers using home modem connections may find
that the JPEG files take a few moments to load because we have not overly compressed the images in
order to ensure that prints made from these will be legible.
We encoded all of the works that are in digital notation files using Finale 2001d for Macintosh. To make
these files accessible across platforms we have posted them on the site as ETF (Enigma Transportable)
files, archived in Bin-Hex (.hqx) format, that readers with software like Finale (Macintosh or Windows)
should be able to open and manipulate. For readers running Windows 98 or later, Coda Music's
MusicViewer web browser plugin allows viewing, playback, and manipulation from the browser window
of files labeled "Finale." We derived the MIDI files from our Finale files. Readers can download the
MIDI files and open them using music notation, or MIDI sequencing, software.
The streaming audio clips are RealMedia files that can be played on the RealMedia player that readers can
obtain without charge using the link below.
A word on copyright
This website comprises a mix of public domain materials (federal case law, out-of-
copyright musical numbers), portions of copyrighted musical works, and newly published
copyrightable material (commentary and compilation). We believe that our reproductions
of excerpts of musical works and motion pictures with existing copyrights clearly fall
within the ambit of fair use contemplated by Section 107 of the U.S. Copyright Statute. On
our digital renderings of portions of materials still enjoying copyright protection we have
reproduced copyright notices that appear on the copies from which we created digital
versions.
We encourage readers to explore the site fully, and in doing so you may download and
modify the site's contents for non-commercial uses. If you reproduce portions of the site
you must both acknowledge Columbia Law Library as the source of these, and also
reproduce Columbia Law School's copyright notice as well as any third-party copyright
notices on any materials you reproduce. You may not copy the site in its entirety without
written permission from Columbia Law Library. If you reproduce or modify materials
from this site you are responsible for determining whether such use falls under fair use
provisions of the copyright law or requires a license from the copyright owner. We do not
permit reproduction of materials in this site for commercial use.
Charles Cronin, B.A. Oberlin; J.D. American; M.A., Ph.D. Stanford; M.I.M.S. Berkeley, from
New York, is a librarian at Columbia Law School.
Student Assistants
Yelena Grinberg from New York is a third-year dual-degree student at Barnard and Juilliard.
Aaron Prado from San Antonio recently graduated from Columbia as a Philosophy major.
Josh Shipper from New York is a fourth-year American Studies major at Pomona.
With greater success than Blanche DuBois, we "have always depended on the kindness of
strangers" to obtain documents for this website from public archives, music retailers, law
firms, and research library collections. We thank particularly the following individuals and
organizations whom we would like to presume are now friends given their disinterested
assistance with this project:
Contact Information
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