Arrangements and Editions of Public Domain Music: Originally in a Finite System
Ronald P. Smith · Case Western Reserve University School of Law Scholarly Commons (Case Western Reserve University) · 1983
Copyright law seeks toprotect originality, in the context of derivative music, however, courts have struggled to dfne originality.Hampered by unfamiliarity with musical terminology and basic compositional techniques, courts have gropedfor standards of easy application.But originality is not amenable to bright line standards.Indeed, stark distinctions between originality and nonoriginality are neither feasible nor responsible.This Note critiques existing judicial standardsfor assessing the originality of derivative works and offers suggestionsfor a moreflexible allocation of copyright protection.It identoes the conflicting goals of copyright law-protecting a composer's originality while preserving the availability ofpublic domain music andideas--anddemonstrates how those goals may be reconciled Finally, the Note explores the benefts and limitations of expert testimony in musical copyright litigation, and shows how experts, without usurping the judicial function, can assist courts in reaching more sophisticated decisions.