While its original, culturally-myopic rationale should be discarded, music’s unidimensional test still offers underappreciated advantages over the “everything counts” analysis that the rest of the copyright system long ago chose. As a policy matter, however, that fiction has turned out to be useful. As a factual matter, the notion that melody is the primary locus of music’s value is a fiction.
But the history of music copyright offers a valuable look at a path not taken, an accidental experiment where predictability was unwittingly achieved by consistently emphasizing a single element out of a multi-element work. Copyright law, unlike patent law, has never shown any interest in trying to increase the predictability of its infringement test, leaving second comers to speculate as to what might or might not be allowed. The problem, rather, is that the bedrock doctrine itself is misguided. A closer inspection reveals that, if anything, they are in fact more faithful than their predecessors. The problem is not, as is commonly alleged, that these decisions are unfaithful to bedrock copyright doctrine. This Article agrees-but not for the reason that most people think. Many have called this increasing scope problematic.
Recent judicial decisions are beginning to break down the old definitional wall around melody, looking elsewhere within the work to find protected expression. DOC Bill Hilton How To Really Play The Piano 2009 Thank you totally much for downloading bill hilton how to really play the piano 2009.Most likely you have knowledge that, people have look numerous times for their favorite books taking into account this bill hilton how to really play the piano 2009, but end in the works in harmful downloads.
Surprisingly, music’s single-element test has persisted as an anomaly within the modern copyright system, where typically multiple features of eligible subject matter are eligible for protection. Courts adopted the era’s dominant aesthetic view identifying melody as the site of originality and, consequently, the litmus test for similarity. Though few recognize it today, that answer goes all the way back to the birth of music copyright litigation in the nineteenth century.
What is a musical work? Philosophers debate it, but for judges the answer has long been simple: music means melody.