Promoting Creativity: How the Use of Music Analysis Affects Value Judgments in Copyright Litigation

Abstract

This dissertation investigates the role of music analysis in copyright litigation and demonstrates that forensic musicology is a subjective and problematic discipline. Part of this subjectivity is due to misunderstood terms and definitions. Additionally, forensic musicology is an interpretive act, rather than a falsifiable statement of facts. For this reason, it is entirely possible that opposing experts could come up with contradictory but equally valid analyses of the pieces at issue in a case. Finally, the lack over oversight of forensic musicologists and the discipline’s disconnect from music scholarship has fostered the use of flawed analytical techniques, misleading claims about the nature of analysis, and a general disregard for newly developed methodologies geared specifically towards popular music. This project addresses each of these issues, bringing together perspectives from legal scholarship, music scholarship, and creators of popular music. Ultimately, several solutions are proposed to improve the consistency of music copyright litigation.