It’s usually the first thing said: clients divulge whether they called a lawyer before calling Musicologize. And it’s 50-50. About half the time, they called a lawyer first. Nearly 100% of the time, the lawyer said, “Call a musicologist and then call me back.”
When the question is narrowly legal, or cunningly tactical — what are my rights, what’s the statute of limitations, should I file, can I settle — that’s pretty much a lawyer’s lane first. A musicologist isn’t filing your claim or responding to a complaint. But the lawyer will probably tell you to call a musicologist anyway because the musical questions steer the legal ones: Are the songs similar in a legally significant way? Does the similarity involve anything protectable? Even the question of “Did the author of Song B have access to Song A?” is usually answered musicologically. The most pressing initial questions are related but not the same, and calling them in the wrong order can waste time and money.
The Musicologist
The analysis the musicologist produces is the input that makes the legal process work and determines its path. (read: “saves time and money.”) A forensic musicology analysis takes the musical question at the center of the dispute and answers it. A musicologist considers whether the similarity is real, whether the similarity involves protectable expression, and whether prior art undermines the claim.
So, the sequencing matters. An attorney advising on a music copyright dispute without that analysis is making strategic decisions about whether to file, whether to settle, what the exposure looks like, and, in nearly every situation, given insufficient musicological information, they’d be flying a little blind. The musicologist’s report lights the runway.
The Lawyer
A musicologist is not a lawyer. And there are exceptions, just narrower than people assume.
Musicologize is not in the business of giving legal advice, obviously. We also might know a sniffle when we hear one, but we don’t prescribe medication. The musical analysis is ours. For what to do with it legally, that’s what attorneys are for. If you’ve already been served with a complaint, a court filing, or even just a demand letter, the lawyer goes first and immediately. Musical analysis can wait. Your attorney will bring in the musicology soon enough, but the legal clock is running, deadlines are coming, and that’s your initial priority.
The main exception though is in disputes where there’s no musical question inherently at the center. Credit splits, co-writer disputes, work-for-hire arrangements, ownership questions; contract and copyright ownership types of things.
Forensic musicology usually front-loads the legal actions. But in those types of situations musicologist is less necessary usually, and certainly less urgent. There’s nothing to front-load.
The Practical Answer
For most people arriving at this question, the right call is the musicologist first. Not because it’s more important, but because the answers determine everything downstream.
A forensic musicology analysis typically takes a few days and produces a written opinion you can give directly to your attorney.
To discuss a matter or ask a question — call, email, or schedule a preliminary call.
✆︎ Call: (212) 217-9512 ✉ Email: brianmcbrearty@gmail.com 📅 Schedule: Book a free preliminary call