#1
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new song copyright claims in US court
So do ya'll think the US federal judge is right...or, that he's ...well take your pick ?
https://www.musicradar.com/news/ed-s...aye-court-case ...Marvin's song... https://www.youtube.com/watch?v=x6QZn9xiuOE ....Ed's song... https://www.youtube.com/watch?v=lp-EO5I60KA So I must admit to having no affiliation with either artist. I must admit to being perplexed however, by the US govt's criteria for judging authenticity.
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#2
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Nah. Only so many notes in an octave, so many chord progressions, etc.
Yes, I hear the similarities between the two songs but plenty of differences also. It's an extremely vague slippery slope trying to judge this type of thing.
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#3
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I agree, but it's a slope we're comin' down. I'd say the two songs were in the same anti melodious stream of conscious style but far from a copyright claim. And as you said ..... there's only so many ways to cook an egg. In this atmosphere, they'll be little reason to even write songs.
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#4
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Ha! I cant comment on song infringement there…thats a tough one!
But since Ed is a man, and he’s in black…..I think the Cash estate has a legitimate claim against his imaging!
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#5
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It isn't "The Government", it is one federal judge and all he did was reject Sheeran's lawyer's argument to dismiss the case before it goes to trial. Hardly an earth shattering decision.
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#6
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well...since it says it right there on your signature...ok. US Federal judges decide policies for the 'whole' US govt everyday. They're there to interpret legal and constitutional issues , and at times, their decisions can last for decades, even centuries. Sometimes they're even the most powerful player in the mix... pun intended. All a recipe for disaster....combining lawyers and creativity imho.
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#7
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Quote:
Correction : No they absolutely do not "decide" policy Policy is "decided" by and made by the legislative and administrative branches of the US government Yes The judicial branch interprets and offers opinions on how the policy/statutes relate to specific legal situations Yes the Judicial decisions can arguably "influence" policy going forward, but they do not make or "decide" policy......There is a big, very distinct, and significant difference between "decide" and interpret... And that difference is a foundational element of our three branch government And to clarify the statues do not lay out criteria of "authenticity" the lay out the basic criteria for determining if infringement has occurred Now back to the OP Myself while somewhat similar I do not see Sheeran's song as rising to the level of infringement -- YMMV
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#8
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Quote:
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#9
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And once a fed judge allows a suit to go forward, the legal costs accrued to the defendant can be enormous, such that even the cost can decide the outcome of the case. Who's got the deepest pockets usually wins. That's of course, when it's a civil case. and @rllink...less than 15% of federal civil cases get overturned. "When federal judges rule that laws or government actions violate the spirit of the Constitution, they profoundly shape public policy. For example, federal judges have declared over 100 federal laws unconstitutional. Another measure of the Supreme Court's power is its ability to overrule itself." https://www.ushistory.org/gov/9e.asp
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#10
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I was simply trying to clarify the technical procedural aspects, because written communication on a Forum can easily go askew . I think we agree on the context, it was just the specific terminology I was questioning In any case what do you think is the Sheeran song infringement ?
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#11
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#12
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Past case studies can where precedent can be a deciding factor, depending on how far or deep the previous cases went. It can be a very interesting topic to look through. I was sitting in court one day offering moral support for my brother inlaw during divorce proceedings. The case before his was involving this kind of discussion. I was kind of fascinated by the Judge's knowledge and how he was handling the open court discussion. I think in Copy right claims like this, precedent could be a heavy factor in the decision. not saying anyone is right or wrong, just the topic in general is interesting.
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#13
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My Sweet Lord - this again?
Another subconscious plagiarism claim. This one seems even thinner than the Harrison case. |
#14
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#15
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I think it’s ridiculous, as I do many of these types of cases. 12 notes in the western scale, 7 notes per key, limited chord progressions. It’s impossible to expect that there aren’t going to be some similarities in pieces of music.
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