An Improved Framework for Music Plagiarism Litigation

Abstract

This Comment examines existing and suggested criteria for distinguishing legitimate creative uses of copyrighted musical material from illegitimate use It argues that current copyright law fails to take into account both modern theoretical insights into the nature of musical compositions and the social context in which composers create.Abstract tests for "infringement" should be replaced with fact-specific inquiries into market damage and apportionment of each composer's creative contributions to the composite work.Finally, the current bias in favor of injunctive relief should be replaced with a preference for compulsory licensing in order to ensure continued public access to a variety of musical works.

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