Got To Give It Up: Why United States Courts Should Stop Hearing Music Copyright Infringement Cases and Allow Experts to Determine "Substantial Similarity"

Authors

Alexander J. Loverich Bernard

Abstract

Mark Twain wrote in 1903, "[w]henever a copyright law is to be made or altered, then the idiots assemble."¹ The expansion of copyright protection has made copyright law the most important legal regulation in the field of entertainment law.² As a result of stricter regulation through judicial verdicts, music copyright disputes have left inequitable resolutions for artists of all backgrounds.³ This Article suggests a twofold, alternative approach to litigation in resolving music copyright infringement disputes: (1) the use of Expert Determination (ED) through the World Intellectual Property Organization (WIPO) to evaluate "substantial similarity" at the trial level, and (2) appellate review of these disputes by the Court of Appeals for the Federal Circuit (the Federal Circuit).⁴ WIPO's use of ED and the Federal Circuit are desirable alternatives to resolving music copyright disputes.⁵

First Page

119

Recommended Citation

Alexander J. Loverich Bernard, Got To Give It Up: Why United States Courts Should Stop Hearing Music Copyright Infringement Cases and Allow Experts to Determine "Substantial Similarity", 62 Duq. L. Rev. 119 (2024).
Available at: https://dsc.duq.edu/dlr/vol62/iss1/18