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25 November 2022 / David Langwallner
Issue: 8004 / Categories: Features , Intellectual property , Media
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(Still) lost in the music

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Paying homage or a licence to steal? David Langwallner delves into the tricky topic of musical sampling in copyright law

As established in Part 1 (see ‘Lost in the music’, NLJ, 11 November 2022, p22), musical copyright infringement is a quagmire, with legal doctrine on a collision course with music industry innovations. A preliminary question is: what if you add a new arrangement well and transform the song? Well, CBS Records Australia Ltd v Gross (1989) 15 IPR 385 establishes protection to the new version but non-immunity against copyright infringement. In the vernacular, copyright protection is thin against new arrangements of old airs.

Conscious or unconscious?

Perhaps the leading international case on infringement in a musical copyright context is ABKCO Music Ltd v Harrisongs Music (508 F.Supp. 798 (SDNY 1981)). The case concerned the iconic George Harrison and his equally iconic creation My Sweet Lord. Apart from the grace note guitar introduction, the US District Court judge noted the song was virtually identical to the song He’s

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