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08 March 2018 / Guy Osborn
Issue: 7784 / Categories: Features , Intellectual property
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Copyright: stop me if you think that you’ve heard this one before

Music, law & plagiarism. Simon Anderson & Guy Osborn explain why copyright compromises could promote harmony in the music industry

The issue of copying within the music industry is a longstanding one. ‘Home taping is killing music’ was a well-known refrain in the 1980s as part of a campaign to stop consumers using cassette recorders to make copies of albums. The issue became more pronounced with the rise of digitisation, and particularly the inception of file sharing and the use of torrents, culminating in a series of high profile legal challenges against Napster and Pirate Bay among others.

From a creative perspective copying has long been contentious, again exacerbated by the advent of digitisation, facilitating as it has, practices such as sound sampling, which have thrown issues of originality and creation into sharp relief. Yet there is a clear, and usually obvious distinction to be made between copying an entire musical work for personal consumption and copying part of a work for commercial gain. This piece focuses on the latter activity - song composers and plagiarism, in part inspired by the

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The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
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After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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