Cover
Forensic Musicology and the Blurred Lines of Federal Copyright History
Forensic Musicology and the Blurred Lines of Federal Copyright History
Copyright Page
Contents
List of Figures
Acknowledgments
Introduction
The Interdisciplinary Stakes in Forensic Musicology
Overview
Negotiating the Blurred Lines of Musical Identity
Notes
Chapter 1
The Foundations of Music Copyright Law and Musical Expertise
Music Copyright Litigation Begins
An Early History of Expert Witnesses
Musical Experts Perform Live in the Courtroom

Forensic Similarity Analysis in the Nineteenth Century
Blume v. Spear
Toward the Twentieth Century
Notes
Chapter 2
Judges, Experts, and Ordinary Listeners
Statutory Overhaul
Federal Music Copyright Litigation
The Role of Experts According to Judge Learned Hand
Hein v. Harris
Haas v. Leo Feist
The Legal Contours of Musical Expert Testimony
Ira Arnstein and the Role of Musical Experts
Arnstein and the Judges Hand
The Changing Role of Musical Experts Nationwide
The Judicial Problem with Experts and Ordinary Listeners
Notes
Chapter 3

Arnstein, Krofft, and the Narrowing Role of Expertise
Arnstein's Last Stand
The Arnstein Test
The Relationship between Expert and Ordinary Listeners
The Dissent and Problems with Experts and Nonexperts
Applying Arnstein v. Porter
Beyond the Second Circuit: Seventh Circuit
Beyond Arnstein: The Ninth Circuit
Krofft and the Ninth Circuit's "New Dimension"
The Legacy of Arnstein and Krofft
Notes
Chapter 4
The Problems with Arnstein and Krofft
Statutory Reforms
Concurrent Changes to Evidence Law with the FRE
The Second Circuit's Application of Arnstein

Application of the Arnstein test and Expert Analyses
Abstract Analyses
The Second Circuit Moves into the New Millennium
The Seventh Circuit's Problems with the Expert-Ordinary Listener Divide
The Ninth Circuit and Problems with Extrinsic Analysis
Musical Ideas and the Order of Evaluations
The Ninth Circuit Moves into the New Millennium: Swirksy v. Carey
Problems with the Legal Inquiry
Notes
Chapter 5
Sampling Cases and the Digital Audio Revolution
Starting Upright
Forensic Analysis of Sampling Claims
Combining Analytical Techniques

Sampling as Fair Use and the Role of Expert Witnesses
Current Circuit Split
Music Copyright and Digital Sampling
Notes
Chapter 6
New Standards of Musical Expertise
Heightened Listener Standards
New Standard: "Intended Audience"
New Standard: "Discerning Observer"
New Cases, Same Standards
Revisions to Evidence Law and the Certification of Experts
Forensic Musicology
"Standard Musicological Procedure"
Refining Musical Expertise
Notes
Conclusion
The Process of the Williams case
The 2015 Trial
The Appeal
The Williams Dissent