This work attempts to reconcile many aspects of music theory with copyright law and to guide musicians and lawyers in developing evidence of plagiarism. Music theorists testify as experts in infringement litigation to assess whether similarities warrant a legal inference of copying. Many cases reveal the presentation of haphazard and theoretically baseless analyses.
Introductory materials provide essential background for both lawyers and musicians.
Chapter 1 reviews the history and philosophy of copyright law. Chapter 2 provides an overview of substantive law, trial procedure, and the burden and standards of proof required. Chapter 4 presents the expert testimony and legal strategies of these cases in detail. Trial exhibits and excerpts from the transcripts appear in appendices along with the experts' written analyses submitted in the discovery process. The very nature of analysis and musical perception argues for a serious re-evaluation of the methods employed by many expert witnesses.