Forensic musicologist services for attorneys, advertising agencies, video production companies, game developers, music supervisors, composers, and songwriters.

ORIGINALITY & SIMILARITY ANALYSIS

Musicologize provides preliminary comparison and analysis, and can render an opinion as to whether observable similarities between two works might be concerning and potentially a basis for litigation. Particularly in music created or sourced for advertising or other media, the concern sometimes arises that there might be too much similarity between two works such that an allegation of copying or copyright infringement could result. Moreover, it is a common industry practice that new music is intentionally created with prior work as a creative guideline, sometimes referred to as creating a “soundalike.” The goal, however isn’t really to sound “alike,” but to share some qualities with another work, evoke similar feelings from the listener, and accomplish this without infringing or even inviting such an allegation. Still, the practice carries some degree of risk, and “originality and similarity analysis” is conducted to assess that risk and illuminate it for our clients. Often we collaborate with composers and clients to make specific musical recommendations to mitigate or alleviate that risk.

Typically this particular type of work is completed in 72 hours’ time. Rush projects are available.

LITIGATION: ANALYSIS, MUSICOLOGY REPORTS, TRIAL PREPARATION, EXPERT WITNESS

Support services 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.

A “musicologist report” is a very detailed analysis of a musical work or works to illustrate the originality and substantial similarities of those works and substantiate or disclaim an inference that one was copied from the other.

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.

More information about Brian can be found on LinkedIn and a recent cv is available here.

SAMPLE ANALYSIS

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.

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