Inspiration or Theft?

What is the difference between taking inspiration and copying? In this episode I deep dive into the test forcopyright infringement by talking you through the story of the Ed Sheeran v Sami Switch case, over the songs Shape of You and Oh Why. Plus stories of copyingdisputes in photography and fashion. I also answer: Can I get sued for makingmusic that sounds like someone else’s? What is the legal test for copyright infringement?

IN THIS EPISODE

00:35 Why Ed Sheeran records hissongwriting sessions: starting from the Blurred Lines case with PharrellWilliams which was all about money not about music

02:44 Sami Switch claimed EdSheeran claiming his song Oh Why was copied by Ed in Shape of You, but Ed’steam filed the lawsuit

05:49 The arguments set out bySami Switch’s and Ed Sheeran’s teams in the case for copyright infringement

08:00 A plot twist: similar factevidence, does previous settled disputes show a pattern of behaviour? Bothsides of the story.

12:36 Can I get sued for makingmusic that sounds like someone else’s?

14:22 Two stories of copying claims,one of a photographer and another of a fashion designer, and what we can learnfrom them.

17:03 What is the legal test forcopyright infringement?

24:14 What’s the difference betweeninspiration and copying?

27:12 The outcome of the EdSheeran trial.

30:02 The similar fact evidence plottwist revealed.

MENTIONED IN THIS EPISODE

· Sami Switch Oh Why: https://www.youtube.com/watch?v=GeH-ObndT7M

· Ed Sheeran Shape of You: https://www.youtube.com/watch?v=JGwWNGJdvx8

· Ed Sheeran interview: https://www.bbc.co.uk/news/entertainment-arts-61026308

· A Copyright playlist I made for you, links to Appleand Spotify here: https://www.hayleighbosher.com/book-copyright-in-the-music-industry

FIND DR HAYLEIGH BOSHER• Instagram: ⁠@hayleigh.bosher⁠• Website: ⁠ https://www.hayleighbosher.com/ LOVE THIS EPISODE?• Subscribe on YouTube, Spotify, Apple or wherever you get your podcasts• Leave a 5⭐ review, it helps more people find the showCREDITSWhose Song Is It Anyway? is produced by Good FormFunded by The British Academy DISCLAIMERNothing in this podcast constitutes legal advice. It is legal education to help you learn more about your rights.

Det här avsnittet är hämtat från ett öppet RSS-flöde och publiceras inte av Podme. Det kan innehålla reklam.

Avsnitt(50)

All About Streaming

This episode covers the UK Streaming Inquiry; how it started, what went down and the outcomes including the Agreed Principles and what those means for artists, songwriters and musicians – from wiping ...

24 Sep 28min

AI and the Law

This episode is all about the law and policy around AI and copyright. By the end of this episode, you will better understand the process of how law is made and feel that you know, and are entitled to,...

17 Sep 30min

AI in the Studio

Diplo says music makers need to embrace AI, Jack Antanoff says those who do are bad actors. I explore these perspectives in this week’s episode and answer: Does AI generated music infringe copyright a...

10 Sep 31min

Power, Politics & the Music Industry

According to the UK Music Report, Black Music Means Business, over 80% of the UK music market originates from Black Music genres, and yet, we also know that Black artists face systemic racism, with da...

3 Sep 42min

Sign on the Dotted Line

Why did TLC file for bankruptcy after selling 10 million albums?! In this episode I’ll tell you the story of how one of the best-selling American girl-groups of all time filed for bankruptcy, held the...

27 Aug 22min

The Art of The Sample

Why did Beyoncé remove a sample of the song Milkshake from her track ENERGY, even though she had cleared the rights? In this episode I talk about the history of sampling and answer: what is sampling a...

20 Aug 22min

Teamwork Makes the Dream Work

Even in the height of 90s contracts, the Spice Girls still made some smart choices there are benefiting from today. In this episode, hear about how they did this, and why is Spice World not on your st...

6 Aug 23min