In Reply to: RE: Whether an appeal is successful often depends... posted by rbolaw on March 13, 2015 at 09:33:58:
"Obviously, the system of notation you use has to be capable of capturing what is original about your music. As I mentioned in the example I gave below, notation systems can become inadequate and obsolete. But that is a second, separate issue."Where notation is inadequate a recording should suffice as documentation of a composition. In a discussion elsewhere on the topic, someone metioned that in this case the recording was off limits in the trial because the Gaye family does not own the master of the recording and there are elements of the recording that are not copyrighted (the latter is true of sheet music too..). If a change is needed, to whatever extent a recording can not serve as documentation of a composition that would be the change I would make.
The link has evidence presented in the trial of the similarities argued by the Gaye estate, and it is absolutely laughably absurd. Whatever Thicke/Williams paid their defense team, they need their money back.
Dave
Edits: 03/13/15
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Follow Ups
- RE: Whether an appeal is successful often depends... - David Smith 20:59:25 03/13/15 (7)
- RE: Whether an appeal is successful often depends... - middleground 03:27:14 03/15/15 (0)
- Then you won't be happy to hear - rbolaw 11:03:24 03/14/15 (5)
- "This Masquerade" sounds just like "Russian Lullaby" - John Marks 17:04:42 03/14/15 (4)
- RE: "This Masquerade" sounds just like "Russian Lullaby" - rbolaw 17:51:26 03/14/15 (3)
- RE: "This Masquerade" sounds just like "Russian Lullaby" - David Smith 18:00:59 03/14/15 (2)
- Not when I sing it. nt - John Marks 05:54:07 03/15/15 (1)
- I'd like to hear that then! - David Smith 07:15:05 03/15/15 (0)