If you’re searching for a musicologist, you’re almost certainly looking for a forensic musicologist — someone who applies expertise in music theory, composition, and analysis to questions of copyright, originality, and similarity. Perhaps you need advice, an opinion, or a complete musicologist’s report about a case of plagiarism or infringement. Perhaps you’re releasing music and want to know it’s clear before it goes out.
A forensic musicologist is not the same thing as an academic musicologist who studies music’s history, culture, and social context. That’s a related but distinct discipline. Forensic work requires the ability to analyze music at the elemental level — melody, harmony, rhythm, structure — and explain the findings to audiences that may have no musical training at all. For more on that distinction and what to look for, see How to Choose a Forensic Musicologist.
What a Forensic Musicologist Does
A forensic musicologist analyzes musical works to determine whether one work copies another and, if so, whether protectable expression was substantially appropriated. The work spans several types of engagements:
Clearance analysis — evaluating original music before release to determine the susceptibility of a claim or accusation of copying. This is common in advertising, film, television, and music publishing. Composers, songwriters, creative agencies, music supervisors, and producers make this a routine final step before release. For details, see Music Copyright Clearance Analysis and Music Copyright Clearance for Advertising.
Pre-litigation analysis — evaluating whether an alleged similarity between two works is probative of copying and involves protectable expression. This serves both plaintiffs who believe their work has been infringed and defendants who have received a demand letter or complaint. If someone copied your song — or if someone says you copied theirs — this is where the analysis begins.
Expert reports and testimony — producing courtroom-calibrated documents that present the analysis through forensic notation, parallel transcriptions, and other exhibits designed for non-musical judges and juries. For details on what an expert report contains, see What Is a Forensic Musicology Expert Report?. For information on how testimony functions in music copyright disputes, see The Role of Expert Testimony in Music Copyright. For the differences in how circuits handle these matters, see Music Copyright in the 9th Circuit and the 2nd Circuit.
What It Costs
Forensic musicologists bill hourly for analytical work, writing, and testimony. Clearance opinions start at a fixed rate with no retainer. Litigation engagements begin with a retainer scaled to the scope of the matter. For a complete breakdown of rates, retainers, and engagement structures, see How Much Does a Forensic Musicologist Cost?.
Musicologize
Musicologize provides clearance opinions, pre-litigation analysis, expert reports, and expert witness testimony in music copyright matters. The practice is led by Brian McBrearty, a forensic musicologist and member of both the American Musicological Society and the Society for Music Theory, whose published analytical work on music copyright cases represents one of the largest bodies of forensic musicology writing available.
You can schedule a call, or you can just pick up the phone. The initial conversation to assess scope, determine the appropriate deliverable, and evaluate fit is free and carries no obligation.
Phone: (212) 217-9512 Email: brianmcbrearty@gmail.com
