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