Forensic Musicology / Risk Assessment for Composers and Studios

Forensic Musicology / Risk Assessment for Composers and Studios

Dr. Pope’s private musicology clients have included composers, producers, attorneys, and music supervisors employed by organizations including Warner Bros., ABC/Disney, Apple+, Sony Pictures Entertainment, and numerous production music libraries. He provides consulting services that include copyright infringement risk assessment, forensic musicology reports, public domain investigations, and other musical research. He has lectured on music industry topics at institutions including the University of Miami, UC Irvine, and Los Angeles City College.

Since 2017, he has been a primary music associate of renowned forensic musicologist Judith Finell in Los Angeles, and continues to work with her regularly.

Geoffrey Pope is a member of the American Musicological Society, the American Association of Independent Music Publishers (AIMP), and the California Copyright Conference.

Musicology Services Include:

• Temp track infringement risk assessment for composers and film/television/game studios

• Due diligence investigations and reporting for studios and counsel

• Musical comparisons, expert reports, and testimony

• Public domain status and history investigations

• Musical accuracy-checking for film and television dialogue, and coaching of actors in on-screen musical performance (diegetic/source music)

To receive an estimate for services, please fill out the contact form or call +1 (323) 334-0747. Direct email: geoffrey@geoffreypopemusic.com. (Please do not send materials at this time.)


More About Risk Assessment and Temp Track Infringement

A composer should never be forced to choose between losing a job and infringing another composer’s work.

When scoring a film, a composer is often asked to emulate a temp track. These usually consist of well-known, emblematic cues or concert pieces written by other composers. Temp tracks serve as an efficient way to translate between the divergent technical vocabularies of composers, directors, music editors, and producers.

It is understandable that filmmakers grow accustomed to the temp track over the post production journey, and may seek an original score that is similar in emotion and aesthetic. When composers encounter “temp love” scenarios, in which they are asked—often over the course of multiple revisions—to closely emulate the temp, there is particular risk of music copyright infringement.

While ideas cannot be copyrighted, their expression can. Similarity of musical expression is a crucial component in a determination of copyright infringement, and accusations of “temp infringement” are frequent.

Unfortunately, there is no bright-line rule for determining substantial similarity, and each situation is unique. Composers usually stand in the crosshairs, and studios naturally do not want to be held liable for infringing content.

An accusation of infringement need not be grounded in musical fact. Rather, an accusation may arise simply from a perception of similarity.

Copyright law was enacted in the United States on behalf of its citizens to “promote the progress of science and useful arts.” While no musicologist can guarantee a complete absence of risk, consulting a musicologist who is conversant with the latest in copyright law can help avoid derailing this progress.

Disclaimer: The general information above is not intended as legal advice, and is not provided to represent the views of any other individual or organization. Geoffrey Pope is a musicologist and industry consultant, not an attorney. Visiting this website does not establish a practitioner-client relationship for any service, nor does it guarantee any outcome. Do not send unsolicited materials.