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Better than a pound of cure afterward, forensic musicological analysis prior to campaign launch offers a strong value proposition for advertisers and creative agencies by addressing copyright liabilities and reducing the risk of infringement accusations. “Musicologizing” insures against catastrophic future events and when we consider the scale of the catastrophe, when the risks are understood, and the musicological step is streamlined and easy, the value proposition is plain.

The basics are widely understood. Forensic analysis can identify similarities between original advertising music and pre-existing works, helping agencies ensure the music doesn’t inadvertently infringe on existing copyrights. By catching the potential issues early, agencies avoid costly legal battles or the need to pull campaigns after launch. But when you look at it from different angles, it becomes essential and obvious. So, here is a breakdown and some different viewpoints:

1. Creative Integrity and Reputation Protection
   • Avoidance of Copycat Claims: A thorough analysis helps protect agencies and brands from accusations of copying, safeguarding their reputation.
   • Originality Assurance: Verifying the originality of the music reassures clients and creatives that their work stands apart in a crowded market.
2. Legal and Financial Savings
   • Litigation Avoidance: Identifying risks before launch saves time, legal fees, and potential settlements or damages.
   • Clear Documentation: A forensic report provides a defensible position if a dispute arises, demonstrating due diligence in avoiding copyright infringement.
3. Confidence in Campaign Execution
   • Client Assurance: Advertisers gain confidence knowing their campaign music has been vetted for potential legal risks, strengthening trust in the agency.
   • Seamless Production: Avoiding copyright pitfalls prevents delays or disruptions to the campaign timeline.
4. Strategic Insights for Creative Direction
   • Guidance for Modifications: A forensic musicologist can suggest changes to the music that maintain creative intent while mitigating risk.
   • Understanding Industry Norms: Their expertise ensures the music aligns with legal and creative standards in advertising.
5. Competitive Advantage
   • Agencies that proactively hire forensic musicologists demonstrate a commitment to quality, originality, and legal compliance, distinguishing themselves from competitors.

Preemptive or preventative analysis by your musicologist not only protects against legal risks but also strengthens client relationships by showing diligence, professionalism, and respect for intellectual property.

And if you’ve ever seen a filed lawsuit, you know the list of plaintiffs is usually very short, and the list of defendants is usually very long. You might as well sue everyone. Preventative musicology is an obviously win-win for advertisers and creative agencies, and it extends to countless other players in the published music arena, for example:

1. Film and Television Production Companies

• Why They Benefit:
  Film and TV projects often use original scores or licensed music. Preemptive analysis ensures that compositions or soundtracks don’t inadvertently infringe on existing works, avoiding costly post-release legal battles or reshoots.
• Use Case:
  Reviewing a film score or theme song for potential copyright risks before production or release.

2. Video Game Developers and Publishers

• Why They Benefit:
  Original music is a key part of the gaming experience, and soundtracks often become integral to branding. Ensuring these compositions are free of copyright conflicts protects the game and its creators from lawsuits.
• Use Case:
  Pre-launch evaluation of game soundtracks or sound design for originality and legal compliance.

3. Music Licensing and Publishing Companies

• Why They Benefit:
  These companies frequently deal with sync licensing for commercials, films, and shows. A forensic musicologist can verify whether new compositions are sufficiently distinct to avoid conflicts, protecting their catalog and client relationships.
• Use Case:
  Analyzing newly signed works before adding them to a catalog to mitigate liabilities.

4. Brands and Corporations

• Why They Benefit:
  Brands using original music for product launches, events, or internal marketing want to avoid legal risks that could tarnish their reputation.
• Use Case:
  Evaluating custom brand jingles, event soundtracks, or promotional content for originality.

5. Music Producers and Recording Artists

• Why They Benefit:
  Artists creating tracks for sync or independent projects need assurance that their work doesn’t unintentionally copy existing music, especially in highly competitive or derivative genres.
• Use Case:
  Checking whether a new track inadvertently shares too much similarity with a popular song before release.

6. Digital Content Creators and Influencers

• Why They Benefit:
  Content creators producing videos, podcasts, or livestreams often rely on original or commissioned music. Ensuring that this music is unique protects their content and brand from copyright strikes or takedowns.
• Use Case:
  Pre-upload checks for podcast theme music or YouTube video soundtracks to avoid platform penalties.

7. Legal and Intellectual Property Law Firms

• Why They Benefit:
  Law firms advising clients on intellectual property matters can use forensic musicologists to strengthen cases, whether to preemptively avoid risk or provide expert analysis in disputes.
• Use Case:
  Engaging a forensic musicologist to audit works before licensing negotiations or to prevent lawsuits.

8. Event Planners and Live Entertainment Producers

• Why They Benefit:
  Events often feature custom music for ceremonies, live performances, or branded experiences. Verifying the originality of compositions used in such events protects against public backlash or legal issues.
• Use Case:
  Reviewing theme music or soundscapes for large-scale public events or corporate showcases.

9. Streaming Platforms and Distribution Services

• Why They Benefit:
  Platforms that host original music, videos, or podcasts may face liability for content created by their users or partners. Preemptive checks on commissioned works ensure compliance and reduce risk.
• Use Case:
  Vetting content before distribution to avoid takedown notices or DMCA complaints.

10. Educational Institutions and E-Learning Providers

• Why They Benefit:
  Schools, universities, and e-learning platforms producing their own multimedia content want to avoid legal issues related to unintentional music copyright infringement.
• Use Case:
  Reviewing original compositions or scores for educational videos or online courses.

11. Advertising and Marketing Technology Companies

• Why They Benefit:
  Companies providing tools for generating or distributing music-based ads benefit from ensuring their AI or user-generated content tools don’t result in infringing works.
• Use Case:
  Pre-launch checks of AI-generated or algorithmically composed music.

12. Nonprofits and Advocacy Organizations

• Why They Benefit:
  Nonprofits creating campaign videos, PSAs, or event music often work with limited budgets, making it critical to avoid potential legal fees from copyright disputes.
• Use Case:
  Reviewing music commissioned for high-visibility campaigns.

These stakeholders, across various industries, have a vested interest in avoiding copyright infringement and ensuring the originality of their musical content. By engaging forensic musicologists, they can protect their investments, reputations, and creative endeavors.

Not only should it be painless, it should seem obvious forever afterward.

One example, Musicologize, provides this sort of preventative analysis; turnaround time is rarely greater than 48 hours in parallel with finalizing your campaign. When you engage a skilled musicologist, expect them to work directly with your composer and audio team. Don’t imagine throwing sheet music back and forth over a fence, and angry or defensive creatives. The advice, where necessary, should create a straight path to a better standing, as musically specific and tactical as necessary. They should be as concerned about your timelines as they are with your potential liability. In the rearview, the engagement should look like a no-brainer and become a part of your process. If it’s not a friendly and smooth process, find a better musicologist.

Musicology, musicologists, ethnomusicologists, and forensic musicologists are slightly different things, and they are often confused. So we will clear this up.

Musicology is the study of music in all its forms, from classical to contemporary. It encompasses the history, theory, and cultural significance of music, as well as its place in society.

One of the key aspects of musicology is the study of the historical development of music. This includes tracing the evolution of different musical styles and genres, as well as the cultural and social context in which they emerged. For example, the rise of opera in the Baroque period can be understood in the context of the artistic and intellectual movements of the time, as well as the political and economic realities of the era.

Another important aspect of musicology is the study of musical theory and composition. This includes understanding the technical elements of music, such as harmony, melody, and rhythm, as well as the way in which these elements are used to create meaning and expression in music. This can include analyzing the structure and form of a piece of music, as well as the use of specific compositional techniques.

In addition to these more traditional areas of study, musicology also encompasses the study of the cultural and social significance of music. This can include exploring the role of music in different cultures and societies, as well as its relationship to other forms of art and expression. For example, the use of music in religious rituals and ceremonies can reveal important insights into the beliefs and values of a particular culture.

Finally, it is also important to understand the impact of technology and industry on music. The way music is produced, distributed, and consumed has changed dramatically in recent years, and musicologists must be able to navigate these new developments in order to understand the current state of the music industry fully.

Overall, musicology is a rich and diverse field that offers a variety of opportunities for study and research. Whether you are interested in the historical development of music, the technical aspects of composition, or the cultural and social significance of music, there is a place for you in the field of musicology.

Musicology is a scholarly field. Some of the most highly regarded programs are at University of Oregon, UCLA, University of Rochester, Northwestern, Penn, Cornell, Boston University, Brown

What can you do if you’re concerned your song sounds too much like an existing song?

If you’re creating original music, it’s obviously important to ensure that you’re not infringing on the copyright of another song. And there are innumerable circumstances when you might want some assurance.

For the songwriter, there are some basic steps you can take to try to ensure your song is original:

1. You can conduct your own search: Use online search engines to search for the title and lyrics of your song. This will help you identify any existing songs that have similar titles or lyrics.
2. Try music recognition software: Use music recognition software such as Shazam to identify any existing songs that sound similar to yours.
3. Check the copyright office: Search the copyright office’s database to see if there are any existing songs that have similar titles or lyrics.
4. Get a musicologist’s opinion: Musicologists are asked to offer “clearance” opinions all the time. A site like Musicologize.com offers “preventative musicology” which is just that sort of service. A musicologist will analyze your work, along with the work you’re concerned about, and provide a professional opinion about the originality of your work and whether it includes “protectable expression” from other works, including specifically the one you’re concerned about.

Remember, creating original music is important, not just for legal reasons, but also for artistic integrity.

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.”

Ed Sheeran’s Thinking Out Loud might borrow too heavily from Marvin Gaye’s Let’s Get It On. There’s a lawsuit that says so. And it’s shaping up to be monumental in Copyright Law, especially concerning Music, Plagiarism, infringement, and originality.

Ed Sheeran is a British singer-songwriter and musician who has gained international fame and success with his pop and folk-influenced music. He was born in 1991 in Halifax, West Yorkshire, England, and began playing guitar and writing songs at a young age. He rose to prominence in the early 2010s and has won numerous awards, including four Grammy Awards, six Brit Awards, and an Ivor Novello Award.

Ed Townsend was an American songwriter, producer and singer, best known for co-writing the song “Let’s Get It On” with Marvin Gaye. He was born on April 16, 1929 in New York City, and began his career as a songwriter and producer in the 1960s. He wrote and produced many hit songs for various artists, including “Let’s Get It On,” which was a huge commercial success for Marvin Gaye in 1973. He also wrote and produced songs for other artists such as Gladys Knight & the Pips, Thelma Houston and Minnie Riperton. He passed away on August 13, 2003.

“Thinking Out Loud” is a song by British singer-songwriter Ed Sheeran that was released in 2014 as the third single from his second studio album “x.” The song was a commercial success, reaching the top of the charts in several countries, and won the Grammy Award for Song of the Year in 2016. The song has been widely praised for its emotive lyrics and Sheeran’s heartfelt delivery.

In 2016, the family of Ed Townsend, co-writer of Marvin Gaye’s 1973 hit “Let’s Get It On,” filed a lawsuit against Sheeran, alleging that “Thinking Out Loud” copied the melody, harmony, and rhythm of “Let’s Get It On.” They sought $100 million in damages.

The case was heard in court and the judge ruled in favor of Sheeran, stating that while both songs share similar harmonic progressions and melodic phrases, the similarities are not original to “Let’s Get It On” and can be found in many other songs. The judge also stated that the lyrics and overall feel of the songs are vastly different, and that the chord progressions in question are common in popular music.

The outcome of the lawsuit highlights the complex nature of copyright infringement cases in the music industry. While it is true that some elements of “Thinking Out Loud” are similar to “Let’s Get It On,” the judge ultimately determined that those similarities were not sufficient to prove copyright infringement. It’s important to note that copyright laws protect original expression, not ideas or common elements found in many songs.

In conclusion, while it is possible that Ed Sheeran and his team were influenced by “Let’s Get It On” while creating “Thinking Out Loud,” the court ultimately found that the similarities between the two songs were not enough to prove copyright infringement. The case serves as an important reminder of the complex nature of copyright law in the music industry and the need to carefully consider the distinction between inspiration and infringement.

The case, or one just like it, was filed again and will likely to to trial in the spring of 2023. Musicologist, Brian McBrearty, knows about as much about this case as anyone, and his full exploration of the facts, arguments, and what can reasonably expected to happen in court are published on Musicologize.com.