The New Age of Copyright Producers

Technological advancements have provided ease and accessibility for musicians to produce, publish, and share music worldwide. However, contradictory court rulings in determining what is protected under copyright law have developed an environment where top-of-the-chart and up-and-coming artists fear their records will be liable for copyright infringement. Throughout the twelve circuit courts in the United States, various legal tests are applied to copyright infringement cases. Most courts use two specific legal tests; the Second and Ninth Circuit court tests. This thesis analyzes how copyright law is applied to music, focusing on the ambiguous legal tests of the Second and Ninth Circuit Courts. This analysis aims to outline the flaws in the current legal tests and establish a new legal test dedicated to providing structure and uniformity to copyright law and music.