Cited By: Courts, Law Reviews and Press

Cited By: Courts, Law Reviews and Press

Brian McBrearty’s forensic musicology analysis has been quoted in a federal court order, cited in six U.S. law reviews, and reported by Reuters, the BBC, NPR and Variety. The entries below are drawn from the About page and link to the primary sources.

In the public record

Written analysis appears in the public record of the following federal matters. Each entry states who retained the analysis and how the court treated it.

  • Saunders & EBA Executives, Inc. v. Brown et al., No. 2:21-cv-09237-DSF-GJS (C.D. Cal.) — Chris Brown, “Pills & Automobiles.” Retained by plaintiffs. The court’s order denying the motion to dismiss (Nov. 21, 2022) quoted the preliminary analysis in finding that plaintiffs “have plausibly alleged that the two songs are objectively similar.” Defendants’ motion for judgment on the pleadings was also denied (Apr. 2023). Case dismissed June 2023 following court-ordered mediation.
  • Frisby v. Sony Music Entertainment et al., No. 2:19-cv-01712-GW-AGR (C.D. Cal.) — Bryson Tiller, “Exchange.” Retained and deposed as plaintiff’s expert; the only plaintiff expert whose testimony was admitted. Defendants moved to disregard the declaration as inconsistent with deposition testimony; the court found “there is not really a contradiction,” overruled the objection, and considered the analysis in full. Summary judgment was granted to the remaining defendants on the ground that plaintiff’s work was built on an unlicensed sample (Mar. 2021), aff’d (9th Cir.), cert. denied (2022). Claims against the other defendants had resolved earlier by stipulation.
  • Bouchet p/k/a Rawyal v. Woods et al., No. 6:25-cv-06588-MAV (W.D.N.Y.) — Lil Uzi Vert, “Just Wanna Rock.” Pre-suit comparative analysis (Oct. 1, 2025) attached to the complaint as Exhibit C. Pending.

Additional consulting analysis in matters not reflected in public filings, including pre-litigation and confidential engagements.

In U.S. law reviews

Musicologize hosts over 225 published analyses of music copyright cases and issues — the largest body of forensic musicology commentary published by a single practitioner. It has been cited in the following U.S. law review publications:

  1. Peter S. Menell, Reflections on Music Copyright Justice, 49 Pepp. L. Rev. 533, 600 n.334 (2022) — article · cites the August 2016 analysis of Thinking Out Loud v. Let’s Get It On on the I–iii–IV–V progression
  2. Christina R. Dimeo, Comment, Rethinking Music Copyright Infringement in the Digital World: Proposing a Streamlined Test After the Demise of the Inverse Ratio Rule, 55 U. Rich. L. Rev. 1077, 1079 n.20 (2021) — article · cites Stairway to Heaven, Blurred Lines, and the Silly Inverse Ratio Rule
  3. Ellen Komlos, Note, “Stairway to Heaven” or Stairway to the Public Domain: Copyright Infringement of Musical Works Under the 1909 Copyright Act, 65 Wash. U. J.L. & Pol’y 185, 186 n.15, 189 n.33 (2021) — article · cites Stairway to Heaven, Blurred Lines, and the Silly Inverse Ratio Rule and Highlights of Jimmy Page Testimony: Stairway v. Taurus
  4. Edward M. Christian, Note, Copyright Infringement Analysis in Music: Katy Perry a “Dark Horse” Candidate to Spark Change?, 73 Rutgers U. L. Rev. 265, 293–94 nn.168, 173 (2020) — article (PDF) · cites Gimme 3 Minutes to Tell You Why Dark Horse Is Not Joyful Noise
  5. Edward Lee & Andrew Moshirnia, Does Fair Use Matter? An Empirical Study of Music Cases, 94 S. Cal. L. Rev. 471, 498 n.156 (2021) — article · cites Katy Perry’s Dark Horse Case Appears to Be Going to Court
  6. Jacob B. Hopkins, Note, A Broken Record: A Statutory Solution to Fixing Music Copyright Infringement’s Biggest Problem, 41 Ga. St. U. L. Rev. 731, 760 n.155 (2025) — article · cites Give Me 3 Minutes to Explain Why Mariah Carey Didn’t Steal “All I Want for Christmas Is You”

In the press

Brian has been quoted or interviewed on music copyright and similarity analysis in:

For retaining counsel, publishers and songwriters: what a forensic musicologist does.