When does one pop song infringe the copyright of another pop song? US case law on the topic – which more or less mirrors Canadian law – shows the unpredictability of how music copyright infringement determinations are made. In two recent high profile US cases, one jury found for the plaintiff where the two songs had almost nothing in common (Gotta Give it Up and Blurred Lines) whereas in the other case, the jury found for the defendant even though there was significant borrowing from the plaintiff’s composition (Taurus and Stairway to Heaven).
There are many . . . [more]