Intellectual property (IP) refers to creative work which can be treated as an asset or physical property. Copyright is an intellectual property right (IPR) which gives the originator of work rights to protect against unauthorised use.
Disputes regularly arise in the music industry and some of the most notable include:
Lana del Rey v. Radiohead
Lawyers representing the music publishers for Radiohead claimed that Lana Del Rey used the same chord progression and other musical elements from “Creep” in her song “Get Free.”
Others have included:
- Chuck Berry v The Beach Boys (1963): Sweet Little Sixteen (1958) and Surfin’ USA (1963)
- The Chiffons v George Harrison (1976): He’s So Fine (1963) and My Sweet Lord (1971)
- The Rolling Stones v The Verve (1997): The Last Time (1965) and Bitter Sweet Symphony (1997)
- Marvin Gaye v Robin Thicke and Pharrell Williams (2014): Got To Give It Up (1971) and Blurred Lines (2013)
To prove infringement, the test is whether all or a substantial part of the copyrighted work has indeed been copied.
According to the Copyright Designs and Patents Act 1988 (CDPA), there are two classes of infringement:
- Acts of primary infringement are “strict liability” offences, meaning that no knowledge or intention is required to be shown on the part of the defendant to establish liability.
- Acts of secondary infringement require the defendant to have had certain specified knowledge, or reasonable grounds for having such knowledge, at the time of the offence.
It does not matter whether or not there was any knowledge or intention to infringe, as a primary infringement of copyright is a so-called strict liability offence, although it could have a bearing on any damages settlement.
The fact an artist maintains that he or she had not heard the disputed song before composing would, therefore, have little bearing on a finding of infringement.
If a copyrighted work is copied in its entirety, it will be a clear case of infringement. If only a part has been copied, then the question is whether a substantial part has been copied.
Specific rights
Copyright gives the author specific rights about the work, prohibits unauthorised actions, and allows for legal action against instances of infringement or plagiarism. The duration depends on the nature of the work and sound recordings are protected for 70 years from when they are made.
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