ORIGINALITY & SIMILARITY ANALYSIS
Musicologize’s Brian McBrearty provides preemptive musicological services to avoid the risk of potential infringement and plagiarism claims. Preventative musicology services include:
- Comparison and analysis, most often of client work and well-known preexisting works.
- Determination of whether observable similarities between two works might be concerning and potentially a basis for litigation.
- Advice and compositional recommendations to avoid risks associated with infringement.
Creative agencies, advertising agencies, music supervisors, and composers frequently make this a routine, final step in their process. Preventative musicology addresses concerns of originality and similarity between two works and assesses the risk that an allegation of copying or copyright infringement claim could result. When concerning similarity is found, solutions are developed, often working directly with the client’s composer to make production and compositional modifications that mitigate that risk.
The goal of “preventative forensic musicology” is to avoid client risk not only of infringement but broader risks of mistaken observations and spurious claims as well.
Typically this particular type of work is completed in just 48 hours’ time. Rush and even same-day projects are welcomed.
LITIGATION: ANALYSIS, MUSICOLOGY REPORTS, TRIAL PREPARATION, EXPERT WITNESS
Support services for attorneys, artists, composers, and songwriters related to litigation, including preliminary analysis and comparison, musicologist reports, commentary on and rebuttal of opposing musicologist’s findings, deposition and trial preparation, creation of supporting visual and audio materials, and expert appearances along with presentations designed to educate non-musical judges and juries.
“Forensic musicology” is the application of musical expertise, most often involving the analysis of melody, harmony, rhythm, form, and orchestration to illuminate the relevant truths in matters of civil law.
A “musicologist report” is a detailed analysis of a musical work or works to substantiate or disclaim the likelihood that a work is original and that one might be copied from another.
Contacting Brian does not make you a client and he does not offer legal advice. It is encouraged that you contact Brian through your attorney.
Musicologize provides forensic audio analysis services to determine if an audio production includes or is derived from a sample taken from another source without permission. Clients can present two pieces of audio and through the combination of expertise, leading edge technology, databases and prior art research, we provide expert analysis to determine if two audio selections employ identical source material.
MUSIC SUPERVISORY CONSULTING
Brian advises on more general music supervisory topics, such as public domain availability, and identifying appropriate songs for ad campaigns, movie trailers, games and other projects. He is fluent in licensing parameters and agreement terminology and can assist in acquiring the necessary rights to a desired track.