Substantial Similarity in Music

Abstract Substantial similarity analyses for music copyright vary across the regional circuit courts in the United States. At the same time, music infringement cases are heavily fact dependent such that seemingly similar cases can come out quite differently. While the case involving the pop hit Blurred Lines was controversial, with many commentators claiming it would “destroy” the ability of composers to write without fear of infringement, it was decided on its particular facts, and subsequent cases have not evidenced the “floodgates” of litigation that allegedly had been opened. More concerning to composers is that important, original elements of their works may have been left unprotected due to the pop music industry’s overreliance on stripped-down placeholder “lead sheets” for copyright registration and deposit. This chapter explores the current state of play of substantial similarity in music copyright.