What is the difference between taking inspiration and copying? In this episode I deep dive into the test for copyright infringement by talking you through the story of the Ed Sheeran v Sami Switch case, over the songs Shape of You and Oh Why. Plus stories of copying disputes in photography and fashion. I also answer: Can I get sued for making music that sounds like someone else’s? What is the legal test for copyright infringement?
IN THIS EPISODE
00:35 Why Ed Sheeran records his songwriting sessions: starting from the Blurred Lines case with Pharrell Williams which was all about money not about music
02:44 Sami Switch claimed Ed Sheeran claiming his song Oh Why was copied by Ed in Shape of You, but Ed’s team filed the lawsuit
05:49 The arguments set out by Sami Switch’s and Ed Sheeran’s teams in the case for copyright infringement
08:00 A plot twist: similar fact evidence, does previous settled disputes show a pattern of behaviour? Both sides of the story.
12:36 Can I get sued for making music that sounds like someone else’s?
14:22 Two stories of copying claims, one of a photographer and another of a fashion designer, and what we can learnfrom them.
17:03 What is the legal test for copyright infringement?
24:14 What’s the difference between inspiration and copying?
27:12 The outcome of the Ed Sheeran trial.
30:02 The similar fact evidence plot twist revealed.
MENTIONED IN THIS EPISODE
· Sami Switch Oh Why: https://www.youtube.com/watch?v=GeH-ObndT7M
· Ed Sheeran Shape of You: https://www.youtube.com/watch?v=JGwWNGJdvx8
· Ed Sheeran interview: https://www.bbc.co.uk/news/entertainment-arts-61026308
· A Copyright playlist I made for you, links to Appleand Spotify here: https://www.hayleighbosher.com/book-copyright-in-the-music-industry
FIND DR HAYLEIGH BOSHER• Instagram: @hayleigh.bosher• Website: https://www.hayleighbosher.com/ LOVE THIS EPISODE?• Subscribe on YouTube, Spotify, Apple or wherever you get your podcasts• Leave a 5⭐ review, it helps more people find the showCREDITSWhose Song Is It Anyway? is produced by Good FormFunded by The British Academy DISCLAIMERNothing in this podcast constitutes legal advice. It is legal education to help you learn more about your rights.
