International Music Day

In light of International Music Day today, we decided to look into some of the laws and legislations that underpin the music industry, with a focus on 3 high profile cases that have previously gaged mass media interest.

There are many laws relating to music that help in regulating the activities of the industry. The Copyright, Designs and Patents Act 1988 (CDPA 1988) safeguards literacy, dramatic, musical or artistic works. Regarding musical works, the copyright law is acknowledged as vital in stimulating economic activity and preventing unauthorised duplication. It considers the exclusive rights of the owners and creators of musical productions, covering aspects like musical compositions, sound recordings, lyrics and musical arrangements. In fact, copyright laws are a central element of the high-exposure cases discussed in this article.

Trademark laws add an additional layer of protection, under the Trade Marks Act 1994, any sign or symbol that differentiates you from your competitors is safeguarded. Therefore, in consideration of music this considers the logos, names and other works of musicians. This essentially makes it difficult for newcomers to the industry trying to think of a name entirely original as it is already so competitive, unless you have a creative flare when it comes to authenticity.

As previously covered, if you write a song, it is evidently your intellectual property under the Copyright, Designs and Patents Act 1988 (CDPA 1988) and you can create a case against anyone who has plagiarised your work for commercial gain. However, being able to prove that someone has plagiarised your work can prove exceedingly difficult. It is not necessarily something that can be tangibly demonstrated and copyright infringement cases can be relatively subjective and are often open to interpretation, as highlighted in the cases discussed in this article.

Ed Sheeran vs. Sami Chokri

Ed Sheeran’s 2017 chart topping single ‘Shape of You’ was accused by Sami Chokri and his producer of copying a key part of his own song. Chokri alleged that the “Oh, I” hook in Sheeran’s hit song was conspicuously similar to his own song “Oh, why”, despite Sheeran’s conviction that he had never heard the song prior to the case being launched. After much deliberation, it was later found that Sheeran’s mega hit did not infringe any copyright clauses and the case was closed in 2022.

Pharrell Williams, Robin Thicke and T.I. vs. The Marvin Gaye Estate

Another notable, yet complex, case that caught mass media attention, is that of the hit song ‘Blurred Lines’ written and sung by Pharrell Williams, Robin Thicke and Clifford Harris (also known as T.I.). Following the release of the song in 2013, representatives of Marvin Gaye’s estate alleged that ‘Blurred Lines’ infringed the copyright of Marvin Gaye’s hit single ‘Got To Give It Up’. In March 2015, the jury ruled in favour of the Marvin Gaye Estate and the Gaye family were not only entitled to 50% of all future royalties earned by the song, but Gaye’s heirs were also granted a substantial $7.4 million in damages - this figure was later reduced to $5.3 million in 2018.

Oasis vs. The New Seekers

Lastly, the Mancunian rock band, Oasis, were successfully sued following accusations from pop band, the New Seekers, regarding potential plagiarism of their song ‘I’d like to Teach the World to Sing’. The track became well renowned in 1971 following its use in a Coca-Cola advertisement. Oasis’ song ‘Shakemaker’ began by replicating an exact line from the pop song “I’d like to teach the world to sing in perfect harmony”, something that they were later made to change to “I’d like to be somebody else, and not know where I’ve been”. Following the lawsuit, Noel claimed that borrowing the lyric was purely sardonic and they will now most definitely be sticking to Pepsi!

In consideration of these highly public copyright cases, it is evident, as also confirmed by Ed Sheeran, that it is exceedingly hard to be an artist in the modern day. Copyright cases are becoming increasingly more prevalent and something musical artists should be cautious of, as they often come with a hefty cost. The individual(s) filing the case are often purely doing it for monetary reasons and not because they truly believe in the case. Will copyright cases continue to rise in the music industry?