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Substantial Similarity in the Age of Electronic Music
Michael R. Graif and Jason Gottlieb of Curtis, Mallet-Prevost, Colt & Mosle write: Driven by technical advances in electronic music production, an increasing amount of popular music lacks several traditional markers that courts use to determine whether one song is “substantially similar” to another: melody, harmony, rhythm, and lyrics. Instead, the creativity inherent in electronic music centers on the “texture” of the sound being produced. But can a sound texture be protected by copyright?
