December 11, 2013: SINGING A DIFFERENT
TUNE? BRIGHT TUNES V. HARRISON - A CASE OF MUSICAL
PLAGIARISM?
Simpson Thacher & Bartlet, 425 Lexington
Avenue
Host: Mary Kay Vyskocil
Co-Chairs: Ira Matetsky, Henry Freedman
Cocktails: 5:30 p.m.
Program: 6:30 to 8:00 p.m.
When ex-Beatle George Harrison's "My Sweet Lord" hit
number one on the charts, some listeners thought its music sounded
very like the tune of a previous number-one pop song, "He's So
Fine" by the Chiffons. The result was a copyright
infringement trial in the Southern District of New York, whose
highlights included lengthy testimony from George Harrison
himself. The court's decision is a landmark ruling on the
interesting question of when one song's music will be deemed so
similar to another as to amount to copyright infringement or
plagiarism. At this program, you'll be able to listen
to the songs, hear the testimony, and decide for
yourself.
Court Decisions:
ABKCO Music, Inc. v. Harrisongs Music, Ltd., 508 F.Supp. 798
(SDNY 1981)
ABKCO Music, Inc. v. Harrisongs Music, Ltd., 722 F.2d 988 (2d
Cir. 1983)
Bright Tunes Music Corp v Harrisongs Music Ltd, 420 F.Supp. 177
(SDNY 1976)
Law Journal Articles:
AN IMPROVED FRAMEWORK FOR MUSIC PLAGIARISM
LITIGATION
DOES THAT SOUND
FAMILIAR - CREATORS' LIABILITY FOR UNCONSCIOUS COPYRIGHT
INFRINGEMENT
IT'S THE
SAME OLD SONG - THE FAILURE OF THE ORIGINALITY REQUIREMENT IN
MUSICAL COPYRIGHT
Newspaper Articles &
Summaries:
Case Summary - Columbia Law School and USC Gould School of Law
Online Resource
Copy Costs Ex-Beatle - Edmonton Journal - Feb. 27,
1981
George Harrison Guilty of Plagiarizing - New York Times - Sept. 8,
1976
Profile of Judge Richard Owen - New York Times - Nov. 16,
1997
Unsweet Settlement - The Milwaukee Journal - Feb. 27,
1981