BUS 295 Lecture Notes - Lecture 5: My Sweet Lord, Harrisongs, Substantial Similarity
Document Summary
Bright tunes music v harrisongs music, ltd. New song: george harrison my sweet lord . Note: he"s so fine was a #1 hit song on billboard 4 weeks, with major radio airplay even if harrison didn"t admit, could"ve = indirect access) Judge sympathetic, but facts are facts harrison lost. An infringer: anyone proven to have violated one or more exclusive/basic rights of a owner. A single action may violate one or more rights. Similarity does not necessarily mean there"s infringement. Copyright owner has the onus (latin, = burden of proof is on the owner) to prove 2 basic elements: 1. Their ownership of the original copyright: they created it first. It deserves protection (original, fixed, registered: 2. Illegal copying did occur: directly copied, e. g. duplication of cds, mp3 files, etc. Indirectly copied, e. g. similarity in parts of a song. To prove illegal copying did occur, owner must prove both: 1.
