Bright Tunes Music Corp
Autor: iryna.kru • October 10, 2013 • Case Study • 768 Words (4 Pages) • 1,337 Views
Bright Tunes Music Corp.
v. Harrisongs Music, Ltd.
LAW 3220
Facts: Bright Tunes Music Corp. issued a lawsuit against Harrisongs Music Ltd. claiming that George Harrison, the composer of a successful song, My Sweet Lord, plagiarized the earlier successful song, He's So Fine by Ronald Mack, the copyright of which is owned by plaintiff. The Districted Court granted judgment for plaintiff, holding that in My Sweet Lord Harrison used almost identical musical pattern that was used in He's So Fine. Harrison didn't deliberately use the music of He's So Fine, but he subconsciously followed the same pattern in his song, therefore he is liable for infringement of copyright. Contentions of the Parties:
The plaintiff, Bright Tunes Music Corp., claims that Harrison copied "a highly unique pattern" of He's So Fine. The defendant, Harrisongs Music, Ltd., claims that George Harrison didn't copy He's So Fine's music, but created his own original song. Issue: In musical terms, are these two songs virtually identical? Is it reasonable to presume that Harrison was aware about He's So Fine? Did he deliberately use the music of He's So Fine? Decision: The court made a decision in favor of the plaintiff to set down for trial on November 8, 1976 on the issue of damages and other relief as to which the plaintiff may be entitled. Legal Reasoning/Rule of Law: Both of the songs are virtually identical: there is motif A used four times, followed by motif B, four times in the first case, and three times in the second, with the same grace note in the second repetition of motif B. Since He's So Fine was a well-known successful song in 1963, it is reasonable to presume that Harrison was aware of this song. He did not use its music deliberately, but he subconsciously followed the pattern of He's So Fine when My Sweet Lord was created. Therefore, under the Copyright Act par. 501 - Infringement of Copyright, Harrisongs Music, Ltd. is considered as an infringer of the copyright of Bright Tunes Music Corp.
Campbell v. Acuff-Rose Music, Inc.
Facts: The plaintiff, Acuff-Rose Music, Inc., initiated a lawsuit against the members
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