Similar Musical Phrases Do Not Automatically Prove Copyright Theft
Discussing “Stairway to Heaven” and “Blurred Lines,” Juber distinguishes protectable composition from common progressions, grooves, instrumentation, and sonorities. He warns that expert testimony can make ordinary musical overlap look more unique than it is, especially to a lay jury.
- Common chromatic progressions appear across many compositions
- A guitar figuration can be idiomatic rather than proprietary
- Similar sound and feel are not necessarily identical composition
- Grooves and isolated production elements may be too generic to own
- Copyright disputes often exceed a lay jury's musical expertise
“It's not a unique phrase by any means.”
“putting a cow bell on a track does not does not represent a breach of copyright.”