And if you’re wondering where The Carters’ “APES**T” is on this list… so are they. Despite being nominated for “Music Video of the Year,” Jay and Bey’s trap hit never reached higher than unlucky #13 on the Billboards.
The most significant similarities are the chord progressions and the instrumentation, neither of which is protectable under copyright law. While Sheeran may have been inspired by Gaye, these similarities are insignificant, and these cases should be thrown out — a perspective echoed by experts in the field.
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Though this case ruled in Porter’s favor and spies were found to not, in fact, be in the equation, the decision set a major precedent for music copyright cases. First of all, this was the first of Arnstein’s several legal battles that had been taken seriously. He was somewhat of a “full-time plaintiff,” and by 1946 had already unsuccessfully attempted to sue ASCAP, BMI, and Twentieth Century Fox Film. Although he did ultimately lose his case against Porter, this case helped establish the two-pronged test to determine copyright infringement that is still used today: Courts must determine if the defendant copied the plaintiff’s work, and whether this copying constitutes substantial similarity between the two works.
Planning to take your creative or compositional practice out of the house sometime soon? These gorgeous residency locations will have your jaw on the floor.
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