Copyright in the Music Industry
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Copyright in the Music Industry

A Practical Guide to Exploiting and Enforcing Rights

Hayleigh Bosher

This must-have book is a comprehensive yet accessible guide to copyright and related rights in the music industry, illustrated with relevant cases and real world examples. Key features include: • An engaging and approachable writing style • A practical orientation for those in the industry and their advisors • The impact of social media on copyright infringement, management and remedies • Accessible explanations of key concepts in copyright and related rights, as well as commonly misunderstood topics such as sampling and fair use.
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Chapter 18: Evidence and musicology reports

Hayleigh Bosher

Abstract

The previous two chapters have discussed what happens when starting a copyright infringement claim and where the claim can be made. This chapter looks at the evidence that can be brought to support the case, it first mentions gathering of evidence for a claim, and then focuses on the use of expert witnesses who produce musicology reports. The overall structure of this book, and this part, is loosely arranged in the format of the journey of rightsholder; from knowing what the rights are, managing those rights, understanding when an infringement might occur and actualising a claim against an infringement. However, in reality this is not meant to be a chronological to do list in order of what action to take. You don’t actually start collecting evidence for a claim that you made in court after starting proceedings. In fact, there is some evidence that you should collate and keep from the day you started creating, as explained in the first section.

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