This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.
Subscribe to the Daily Journal for access to Daily Appellate Reports, Verdicts, Judicial Profiles and more...

Intellectual Property,
Entertainment & Sports

Oct. 24, 2017

Death of music rumors are greatly exaggerated

There are millions of registered musical works original enough for copyright.. Some were undoubtedly written by the very same songwriters who profess to be worried about the "Blurred Lines" case. I'll bet all of them have produced plenty of original expression with the scant 12 notes available.

Bernard A. Burk

Bernie Burk is a law professor currently on sabbatical.

See more...

Full disclosure: I co-authored an amicus brief in the "Got To Give It Up" v. "Blurred Lines" appeal on behalf of 14 of the most accomplished musicologists in the country. (I and my co-counsel, the estimable Howard Abrams of Detroit Mercy Law School, acted pro bono.) So I read "There are only 12 notes, in so many octaves" (Oct. 12, 2017) by Delia Ramirez with interest. My interest quickly gave way to surprise that the evidence on which the jury actually relied to find ...

To continue reading, please subscribe.
For only $95 a month (the price of 2 article purchases)
Receive unlimited article access and full access to our archives,
Daily Appellate Report, award winning columns, and our
Verdicts and Settlements.
Or
$795 for an entire year!

Or access this article for $45
(Purchase provides 7-day access to this article. Printing, posting or downloading is not allowed.)

Already a subscriber?

Enewsletter Sign-up