Exploring The Impact of the Finiteness Of Melodies: Future of Copyright Infringement Claims in Musical Work
Bhavyakirti Singh*
Volume 16 Issue 2 (2023)
The advent of mainstream genres in music has given rise to a plethora of copyright claims, pitting top artists against each other. For instance, The Hollies’s claim of infringement against Radiohead over ‘Creep’, which followed Radiohead’s own claim relating to the track against Lana Del Ray. The note aims to assess whether such concerns pertaining to infringement are overstated, especially in light of various factors that propel the composition of music today. First, many mathematical studies indicate that the number of harmonies that may be constructed on a given number of bars are finite. Second, ‘pop’ or ‘rap’ music artists today show a trend of utilising similar scales, chords, time signatures and beats (i.e., easier scales on smaller and repetitive bars that could be popularised amongst the audience due to their ease of making ‘covers’, amongst other methods). Third, the creation of marketable music draws on the pre-existing corpus for inspiration, which is the reason why one witnesses the amount of remixing and sampling of music as done today. The author understands that the basis of copyright lies in the recognition of an individual’s creative efforts. However, this may be offset by the increasing commercialisation of tunes in the twenty-first century. This note proposes to explore arguments furthering the above-mentioned statements, essentially to determine whether courts should be taking such claims of copyright infringement as seriously.