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Full-Text Articles in Musicology
Uncovering The Confusing Influence Experts Have On Music Copyright Cases, Arata-Enrique Kaku
Uncovering The Confusing Influence Experts Have On Music Copyright Cases, Arata-Enrique Kaku
Honors Projects
Contemporary copyright decisions by Federal Courts perplex composers; am I the creative composer, or am I an infringer on someone else’s intellectual property? By forming a temporary monopoly to monetize new content, copyright protection incentivizes artists to be fruitful. In a creative field like music, an overly broad definition of copyrightable expression can lead to a “chilling effect” on creativity. This chilling effect is exacerbated by the great latitude given expert witnesses to claim infringement based on broad classifications of expressions. My paper addresses the question: To what extent should expert witnesses be probative when they extend ownership rights beyond …