Patricia Rezac
Music copyright litigation remains fixated on evaluating basic compositional elements such as pitch, rhythm, and lyrics. Yet, as seen in Tempo Music, Inc. v. Famous Music Corp., courts may often benefit from closely examining a musician’s creative process. By focusing on a musician’s creative process in addition to traditional standards for originality, courts could more effectively determine whether or not a musician has violated a copyright protection. This method would reduce technical complications arising from music copyright claims, create appropriate standards across genres, and introduce a potential solution for copyright issues in the age of digital music.