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Copyright Infringement, Entertainment Law Emory ELSSCAP Copyright Infringement, Entertainment Law Emory ELSSCAP

Hyunseok Kim | Three Approaches to the “Substantial Similarity” Standard in Copyright Infringement Cases

Every composer in conservatory studies Igor Stravinsky. Pupils who admire his trailblazing compositional techniques might be surprised to discover his source of inspiration. Stravinsky famously declared that “a good composer does not imitate; he steals.” “Stealing” musical ideas has a rich and long history. Far from being forbidden, it has been a cornerstone in the evolution of music. J.S. Bach based his music on Lutheran hymns and drew heavily on Dietrich Buxtehude’s style. Johannes Brahms frequently invoked folk tunes by expanding musical structure laid out by his predecessors, notably Beethoven.

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