Re: Software application copyright opinion

"Lee Hollaar" <[EMAIL PROTECTED]> wrote
> >Yes, that was a copyright claim that succeeded. But for everyone like
> >that, there are a 1000 others that failed.
> I doubt whether Roger has done any analysis that shows that the ratio
> is 1 to 1000, 1 to 100, 1 to 10, or even 1 to 1.  And such analysis
> would be difficult, since many cases settle before going to trial
> but still cost the defendant tens or hundreds of thousands of dollars.

I admit it is hearsay, but I am told that hit songs nearly always get
some claims of copyright infringement. The claim that succeeds,
such as the My Sweet Lord case, is the rare exception.

>      In making its findings, the District Court stated: "Although the
>      facts of this case did not present the textbook scenario of copyright
>      infringement, the Court has held that Fogerty could indeed be held
>      liable for copyright infringement even where he also wrote the song
>      allegedly infringed. .  . .

Right, it is possible. Likewise, you are correct that the OP could
possibly be liable. I just think that it is very unlikely, if the OP takes
some prudent precautions.

> We don't know whether the jury found non-infringement because they felt
> the two songs were not substantially similar, or because the simularity
...

The jury probably made the sensible decision that Fogerty was just
creating music as he knows best, and some silly one-sided contract
with a record distributor should not mean that Fogerty is barred
from creating music for the rest of his life.

I would expect the OP to similarly get favorable treatment from a jury.