When music becomes the subject of a legal dispute, attorneys and clients turn to qualified experts for clarity. As a musicologist expert witness, I provide independent forensic musicology analysis for copyright infringement, plagiarism, and related disputes. Attorneys, labels, and creators retain Musicologize when they need expert opinions that are independent, authoritative, and ready for courtroom use.
Areas of Expertise
- Copyright & Infringement Cases – Assessing substantial similarity and originality.
- Plagiarism & Songwriting Disputes – Determining whether overlap is coincidence, convention, or copying.
- Forensic Musicology Analysis – Technical breakdown of melody, harmony, rhythm, and structure.
- Reports & Testimony – Written opinions, Daubert-admissible testimony, and courtroom explanation.
- Song Similarity Analysis – Independent evaluation of whether two works share protectable expression.
Credentials & Experience
- Experienced forensic musicologist with published work and industry recognition.
- Retained by law firms, music publishers, and rights holders.
- Opinions grounded in established scholarship and courtroom practice.
- Consulted for preventative opinions to help clients resolve disputes before they escalate.
Over the past decade, I’ve been retained in dozens of disputes — from high-profile pop copyright cases to quieter advertising and media clearances where risk needed to be managed before release.
Why Attorneys Choose Musicologize
- Independence: Clear, fact-based opinions — not advocacy.
- Clarity: Complex analysis translated for judges and juries.
- Authority: Opinions rooted in decades of professional expertise in music creation and analysis.
The goal isn’t to dazzle with jargon. It’s to make the musical issues clear enough that a judge or jury, can follow without a theory textbook, though also with the rigor to be enlightening, compelling, and persuasive.
The Process
- Consultation – Case overview and initial questions.
- Analysis – Detailed comparison of the works in question.
- Opinion Letter – Written or verbal findings.
- Testimony – Deposition and courtroom support as required.
In many matters, the first step is simply a phone call to talk through the works in question. I find that an early conversation often clarifies whether a full report is even necessary.
Related Services
In addition to serving as a music expert witness, Musicologize also provides forensic musicology expert witness opinions, song similarity analysis, and plagiarism and infringement evaluations. These services help attorneys and creators assess risk early and make informed decisions before disputes escalate.
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📧 brianmcbrearty@gmail.com
📞 (212) 217-9512
FAQ
Q: What does a music expert witness do?
A music expert witness analyzes musical works to determine whether similarities indicate copying or independent creation, and explains those findings to courts.
Q: When do I need a music expert witness?
Attorneys and clients retain music expert witnesses in copyright, plagiarism, and infringement disputes where expert testimony is required.
Q: Are opinions admissible in court?
Yes. Musicologize provides Daubert-ready opinions and testimony suitable for federal and state courts.
Q: How is similarity between songs evaluated?
Through systematic analysis of melody, harmony, rhythm, structure, and context — distinguishing protectable expression from common musical conventions.
Q: What qualifications should a musicologist expert witness have?
The most effective musicologist expert witnesses bring both academic rigor and practical case experience. They have command of music theory and analysis, and they’ve worked on disputes at the earliest stages, where a clear, independent opinion can shape outcomes long before trial.
Q: What is the difference between a music expert witness and a forensic musicologist?
A music expert witness may testify on many aspects of music, but a forensic musicology expert witness focuses specifically on copyright, plagiarism, infringement, and song similarity disputes, combining technical analysis with legal relevance.