lady justice

Forensic Musicology Now

Friday, 15 November 2024
4:00-5:30pm
Public Session

Over the past decade, a series of high-profile music copyright infringement lawsuits has intensified debates about the definition of music as intellectual property, and especially around the nature of musical similarity. This increasingly embattled discourse is seen not only in the analytical work of forensic musicologists, whose contributions are central to these lawsuits, but also in the commentary of artists, industry insiders, and scholars from across various disciplines as they ponder the impact these court decisions might have on the future of musical creativity. Given this state of affairs, recent and forthcoming scholarship from Bennett (2023), Doll (2017), Fishman and Garcia (2022), Leo (2021), and Stewart (2014) has called for reasoned, interdisciplinary dialogue about forensic musicology’s current issues, methods, and ethics.

This roundtable session, “Forensic Musicology Now,” begins to respond by uniting preeminent specialists across fields of law and musicology for a discussion about the disciplinary state of forensic musicology and the future of music copyright. It features industry consultants, trial experts, and scholars: Joe Bennett (Berklee College of Music), Christopher Doll (Rutgers University), Joseph Fishman (Vanderbilt Law School), Katherine Leo (session chair and moderator, Millikin University), and Alexander Stewart (University of Vermont). After a brief introduction to forensic musicology and current events in music copyright litigation, speakers will engage one another and the audience in moderated discussion. Opening questions will include: How does forensic musicological analysis differ from academic musicology? What does it mean to produce unbiased analyses? How has client confidentiality and an adversarial legal system contributed to a lack of agreement among experts about methodology and ethics? In what ways might artificial intelligence impact forensic musicological research and analysis and the trajectory of music copyright law? What is the future of forensic musicology in light of evolving legal standards and technologies?

Through this collaboration, the panelists aim to bridge disciplinary distance between law and musicology and to encourage open dialogue about current issues in music copyright. In so doing, they hope to advance the public cause of forensic musicology to better assist courts and the music industry in understanding music as intellectual property.

General Public

This 2024 AMS Annual Meeting session has been designated a “public session” and thus, is open to non-conference registrants to attend online. To attend this session virtually (without registering for the AMS Annual Meeting), please use the “Sign-up for Webinar” button below

Roundtable Participants

Joe Bennett

Dr Joe Bennett is a musicologist, writer, broadcaster, and researcher, specializing in popular music and songwriting. As a professor at Berklee College of Music, he teaches artist development, songwriting, music copyright, and song analysis. He has written more than 30 tuition books, and his music education compositions are performed by students all over the world. As an expert witness forensic musicologist, Joe advises lawyers, publishers, artists, and songwriters on matters of musical similarity. He holds a Music Ph.D from the University of Surrey and a National Teaching Fellowship from the Higher Education Academy. Joe blogs about songwriting copyright at joebennett.net.

https://linktr.ee/joebennettmusic  
https://joebennett.net
X: @joebennettmusic
IG: @joebennettmusicology

Joe Bennett
Christopher Doll

Christopher Doll is Associate Professor in the Music Department of the Mason Gross School of the Arts and the School of Graduate Studies at Rutgers, the State University of New Jersey. His scholarly interests include tonality, intertextuality, pedagogy, and forensic musicology. He has spoken at the Rock and Roll Hall of Fame and Museum, the Experience Music Project, and various universities here and abroad, and he is the author of the monograph Hearing Harmony: Toward a Tonal Theory for the Rock Era published by the University of Michigan Press.

Christopher Doll
Joseph Fishman

Joseph Fishman’s research focuses on intellectual property, particularly as it affects the music industry. His recent scholarship has covered such legal issues as infringing similarity between songs, the role of expert witnesses in music copyright litigation, judges’ definition of musical originality, and trademark issues related to sound recordings. He is currently writing a book on how law affects the livelihoods of professional songwriters. He has also written extensively on the law of trade secrecy. His work has appeared in leading academic journals, including the Harvard Law Review, NYU Law Review, and the California Law Review, and he is a regular commentator in major media outlets such as The New York Times, NPR, USA Today, and Billboard.

Professor Fishman joined Vanderbilt’s law faculty in fall 2015 after serving as a Climenko Fellow and Lecturer in Law at Harvard Law School. He earned his A.B. magna cum laude from Harvard College with a joint major in music and religion, his M.Phil. in musicology from the University of Cambridge, and his J.D. cum laude from Harvard Law School. After law school, he was a law clerk for Judge Jeffrey R. Howard of the U.S. Court of Appeals for the First Circuit and for Judge Miriam Goldman Cedarbaum of the U.S. District Court for the Southern District of New York. He practiced as an associate at Jenner & Block in the firm’s content, media, and entertainment group, where he specialized in litigation involving the music industry, before entering the legal academy.

Joe Fishman
Katherine M. Leo

Katherine M. Leo, PhD., J.D., is associate professor of music at Millikin University and author of Forensic Musicology and the Blurred Lines of Federal Copyright History (Lexington 2021). As an interdisciplinary historian and forensic musicologist, Dr. Leo’s research investigates the intersection of musicology and US law, with emphases on matters of creative process and analytical methods as they apply to copyright. Her internationally recognized research on the music industry’s engagement with commercial artists and the US judicial system has been notably featured in the Journal of American Musicological SocietyJazz Perspectives, and Grove Music Online.

Katherine M. Leo
Alexander Stewart

Alexander Stewart is Professor of Music at the University of Vermont. He earned a Ph.D. in Music from the Graduate Center of the City University of New York (CUNY) and an MM at Manhattan School of Music. During 2006-07, he was a Fulbright Scholar researching Afro-Mexican music and culture in Oaxaca, Mexico. His publications include a book on orchestral jazz for University of California Press (2007) and articles in Latin American Music Review, Ethnomusicology, Popular Music, The UMKC Law Review, American Studies, and other journals. As an active professional musician for more than forty years he has performed with leading musicians in jazz and popular music. In intellectual property matters, Dr. Stewart has provided expert opinions and analysis and lectured widely on music copyright for over twenty years. His cases have involved many leading artists and songwriters such as George Clinton, Lady Gaga, Bill Withers, Lizzo, Sam Smith, Marvin Gaye, Dua Lipa, Notorious B.I.G. Cardi B, Weeknd, Kendrick Lamar, Bruno Mars, and many others.

Alexander Stewart