When Songs Sound Similar, Courts Look for Musical DNA; The New York Times, March 1, 2023

 Ben Sisario, The New York Times; When Songs Sound Similar, Courts Look for Musical DNA

"But are they close enough that Sheeran should be liable for copyright infringement? Or is their overlap limited to fundamental musical building blocks that are part of the public domain?"...

“All of these cases are about the question of how similar is too similar,” said Joseph P. Fishman, a professor at Vanderbilt Law School in Nashville. “The Copyright Act that Congress passed says nothing whatsoever about that question. In the U.S. copyright system, the rules for how that question gets answered are entirely developed by federal judges.”"

The ‘Blurred Lines’ Case Scared Songwriters. But Its Time May Be Up.; The New York Times, March 24, 2020

Ben Sisario, The New York Times;

The ‘Blurred Lines’ Case Scared Songwriters. But Its Time May Be Up.

Decisions in copyright cases involving Led Zeppelin and Katy Perry suggest the open season on lawsuits could be coming to a close.

"“Before Led Zeppelin’s en banc ruling, plaintiffs were on a roll,” said Joseph P. Fishman, an associate professor at the Vanderbilt Law School in Nashville. “That string of events built a narrative that successful musicians really needed to be worried about being sued. Now, with the Katy Perry verdict being thrown out only a week after the big Led Zeppelin decision, that narrative may change.”

The two decisions addressed what has become a key question as more copyright suits have focused on song fragments: what is original about them — and thus can be copyrighted — and what are basic building blocks that cannot be owned by any songwriter?"