521
Views
7
CrossRef citations to date
0
Altmetric
Original Articles

Singing from the same sheet: computational melodic similarity measurement and copyright law

&
Pages 25-36 | Published online: 27 Feb 2012
 

Abstract

Musical plagiarism is an area of law that is not only of interest to lawyers but captures the curiosity of the public, induces apprehension in the composer and now intrigues the computer scientist. Attention increases in the case of celebrated artists when the revenue is likely to be significant, and when the allegation is one of a perceived similarity between the infringing and infringed works. Despite the broad interest and frequently high commercial significance of this issue, there has been little systematic research into what constitutes musical plagiarism from either a technical or perceptual perspective. This article discusses some suggestions made to date for introducing a technical measurement of musical similarity in copyright disputes before presenting our own computational system. The novelty of our proposal arises from an interdisciplinary approach combining computational, musicological, and psychological perspectives to emulate legal principles, mimic the reasonable listener as well as copy the type of evidence often presented in these cases.

Notes

Hargreaves, I. 2011. Digital opportunity, a review of intellectual property and growth. Retrieved from: http://www.ipo.gov.uk/ipreview-finalreport.pdf

Copyright Design and Patents Act, Ch 48 (1988).

Francis Day Hunter Ltd v Bron, Ch. 587 [1963].

Austin v Columbia Gramophone Ltd MacG CC (1917) – 1923 at 415 and 409.

Cronin, C. 1998. Concepts of melodic similarity in music-copyright infringement suits in melodic similarity - concepts, procedures, and applications. In Computing and musicology 11, eds W.B. Hewlett and E. Selfridge-Field, pp. 187–209. Cambridge, MA: MIT Press.

Variants of this approach include the colour-coding of pitches, the inclusion of timing information by lengthening the note symbols to rectangle, or the replacement of musical notation by numbers and symbols.

Liebesman, Y. 2007. Using innovative technologies to analyse for similarity between musical works in copyright infringement disputes. American Intellectual Property Law Association 35: 331–362.

Williamson Music v Pearson [1987] F.S.R 97.

Ladbroke (Football) Ltd. V William Hill (Football) Ltd. [1964] 1 All ER 465, at 276.

Within a musical setting this was nicely demonstrated in the case of Besten v CBS UK Ltd (1994) E.M.L.R 467 where it was held the percussion line of the claimant's work, although quantitatively large (the entire length of the music), did not fulfil the qualitative test.

Produce Records Limited v. BMG Entertainment International UK and Ireland Limited (1999) All England Official Transcripts (1997-2008).

Challis, B. 2003. United Kingdom: the song remains the same: musical sampling in the digital age. Retrieved from: http://www.mondaq.com/article.asp?articleid=23823&latestnews.html.

Designer Guild v Williams [2000] All ER (D) 1950.

Laddie, J., Prescott, P., and Vitoria, M. 1995. Modern Law of Copyright and Designs, 2nd edn., UK: Butterworth, 92–93.

Newspaper Licensing Agency Ltd v Marks and Spencer plc [2003] 1 AC 551 at 559.

Creagh v Hit and Run Publishing Ltd [2002] All ER (D) 349 (May).

EMI Music Publishing Ltd v Papathanasiou [1987] E.M.L.R 306.

Well-known examples include Bartok's collection of Serbo-Croatian folksongs – Bartók, B., and Lord, A.B. 1951. Serbo-Croatian folk songs. New York: Columbia University Press – and the Cantometrics project initiated by Alan Lomax – Lomax, A. 1977. Cantometrics: an approach to the anthropology of music. Berkley: University of California.

For instance, companies such as Pandora and Sony created their music catalogues with recommender applications in mind with a view to enhancing music sales and commercial services.

This concern is shared by Pandora's founder, Tim Westgren, who estimates that for use in copyright infringement, a characterisation of songs on approximately 10,000 musical attributes would be necessary as opposed to the 400 attributes that Pandora uses at the moment (Liebesman, ‘Using Innovative Technologies’, 349).

One example is the so-called query-by-example where a piece of music can be retrieved from a large database when only a short excerpt at an impoverished sound quality is given as a query. Shazam is one of the companies that has commercialised this search method for mobile phone applications.

Park, J., Kim, S., and Shin, M. 2005. Music plagiarism detection using melody databases. In Knowledge-based intelligent information and engineering systems, Lecture Notes in Computer Science, eds R. Khosla, R. Howlett, and L.C. Jain, 684–693. Berlin: Springer. doi:10.1007/11553939_98.

Müllensiefen, D., and Frieler, K. 2004. Cognitive adequacy in the measurement of melodic similarity: algorithmic vs. human judgements. In Music query: methods, models, and user studies: computing in musicology 13, eds W.B. Hewlett and E. Selfridge-Field, 147–177. Cambridge, MA: MIT Press.

O'Maidin, D.S., and Donncha, A. 1998. Geometrical algorithm for melodic difference in melodic similarity. In Melodic similarity: concepts, procedures, and applications: computing in musicology 11, eds W.B. Hewlett and E. Selfridge-Field, 65–72. Cambridge, MA: MIT Press.

Robine, M., Hanna, P., Ferraro, P., and Allali, J. 2007. Adaption of string matching algorithms for identification of near-duplicate music documents. In SIGIR '07 Amsterdam. Workshop on Plagiarism Analysis, Authorship Identification, and Near-Duplicate Detection. Retrieved from: http://sunsite.informatik.rwth-aachen.de/Publications/CEUR-WS/Vol-276/paper6.pdf.

Müllensiefen, D., and Pendzich, M. 2009. Court decisions on music plagiarism and the predictive value of similarity algorithms. In Musicae Scientiae, Discussion Forum 4B, 257–295. doi:10.1177/102986490901300111.

Tversky, A. 1977. Features of similarity. Psychological Review 84: 327–352.

Reprints and Corporate Permissions

Please note: Selecting permissions does not provide access to the full text of the article, please see our help page How do I view content?

To request a reprint or corporate permissions for this article, please click on the relevant link below:

Academic Permissions

Please note: Selecting permissions does not provide access to the full text of the article, please see our help page How do I view content?

Obtain permissions instantly via Rightslink by clicking on the button below:

If you are unable to obtain permissions via Rightslink, please complete and submit this Permissions form. For more information, please visit our Permissions help page.