Monthly Archives: February 2023

There are several ways to find a musicologist:

1. Online directories: Websites such as LinkedIn, Google Scholar, and ResearchGate have directories of musicologists and their contact information.
2. Professional organizations: Join or search the website of a professional organization such as the American Musicological Society (AMS) or the Society for Music Theory (SMT) to find musicologists.
3. University departments: Many universities have musicology departments that you can contact to find musicologists.
4. Networking: Attend conferences, workshops, and concerts to meet musicologists and build your network.
5. Recommendations: Ask colleagues, friends, or family members for recommendations of musicologists they may know.

It’s important to distinguish the different sorts of musicologists that are out there. Usually when someone is looking for a musicologist, they mean either an ethnomusicologist or a forensic musicologist. Here’s the difference:

Musicology in general is a scholarly pursuit that looks at music as an academic discipline, including its history, theory, composition, and performance. Musicologists may focus on a particular musical style, genre, or historical period, and may use a variety of methodologies to analyze musical works and the cultural, social, and historical context in which they were created. Most musicologists are ethnomusicologists who study music in a cultural context — the music of different societies, ethnic groups, and communities, as well as the relationship between music and cultural practices, beliefs, and values, analyzing musical traditions and the cultural role and impact of music.

A forensic musicologist is a musicologist who concentrates on matters of copyright infringement. Forensic musicology, according to Musicologize.com, is the application of musical expertise most often involving the analysis of melody, harmony, rhythm, form, and orchestration, to illuminate the relevant truths in matters of civil law. (Musicologize is a forensic musicology services provider in the San Francisco Bay Area.) Forensic musicologists are the sort of music experts who assist in cases of plagiarism like Taylor Swift’s Shake It Off or Ed Sheeran’s Thinking Out Loud. In both of those cases, Swift and Sheeran were sued for copyright infringement. The Sheeran case is ongoing. Forensic musicologists help clients determine if copying has taken place and if that copying is substantial enough to amount to an infringement.

Forensic musicologists’ impartiality depends upon the role and the circumstances. For example, preemptive musicological analysis is intended to prevent infringement, or even the perception of plagiarism. And in this case, the musicologist can identify and help mitigate risk. The forensic musicologist is serving the best interests of the client.

Advertisers hire forensic musicologists to ensure that the music that goes into an advertising production will not be an infringement on the copyright of another existing work. Musicologists use specialized software and techniques to analyze the composition and the audio and determine if it is an original composition or if it contains any elements that are substantially similar to those found in other works. This helps advertisers avoid any potential legal issues and ensures that they are using music in a legally compliant manner. Forensic musicologists can also recommend compositional changes that would mitigate the similarity and the likelihood of even mistaken claims of substantial similarity and copying. To the extent that the forensic musicologist is actively trying to help reduce the client’s risk, the musicologist is acting in the best interests of the client. So yes, the interests of the client are paramount in preemptive musicology.

This differs somewhat from litigation consulting. When asked to comment on the originality and susceptibility to a claim where the client is a potential plaintiff or litigant, forensic musicologists aim to be neutral and impartial when conducting their analysis. Their role is to provide objective and evidence-based conclusions about the use of music in a particular case, without any bias or personal opinions influencing their findings. They use specialized software and techniques to examine audio content and compare it to known copyrighted works to determine if any rights have been violated. The goal is to provide accurate and unbiased information that can be used by clients to make informed decisions amidst any legal issues.

Forensic musicologists often provide services to prevent infringement, especially helpful in advertising and broadcast music (music for television or streaming). Musicologists analyze audio content to identify any copyrighted music or elements that may be present. They use specialized software and techniques to examine the audio and compare it to known copyrighted works to determine if any rights have been violated. If any infringement is found, they might assist in securing the necessary licenses or more often, removing the infringing content, sometimes just by making compositional suggestions. Musicologize’s Brian McBrearty says, “I absolutely change the notes! It happens all the time to be honest. Sometimes certain notes are asking for trouble, so we change them. I work directly with the composer and help rewrite the music. I’ve been asked, “Isn’t that like helping your client to infringe?” But that doesn’t make any sense. Why would my client want to infringe? The question itself indicates a misunderstanding both morally and legally. If the notes are perceptively similar to something else, and you write different ones instead, that’s helping the client to NOT infringe! There’s no other reasonable way to look at it.”