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A Study on the Creative Elements of Popular Music
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 Title & Authors
A Study on the Creative Elements of Popular Music
Kim, Hye Jung;
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Music copyright began in 1850 in France and, unlike other copyrighted works such as architecture or arts, which are based on visual conditions, copyrighted music is based the on trends of the times. The appropriate range of protection for musical works is not the entire music, but the part that is determined to be a creative expression deduced from the analysis of the musical structure. Concerning the issue of plagiarism in popular music, the determination of creativity plays an important role in whether a piece of music encroaches on the original copyrighted works or not. However, determining whether a work is an element of a previously copyrighted work should be achieved through a consensus formed by members of the relevant industry and academia rather than the court. The purpose of this study is to classify the creative and non-creative elements of popular music, in order to create a classification that can enable musical creators to provide a consensus on the elements of creative expression.
Creative Musical Elements;Creative of popular music;Musical Plagiarism;Instance of Plagiarism;Music Copyright;
 Cited by
Min Hyoung Kim, "A Study on Plagiarism Disputes in Korean Popular Music since 1990," Sang Myung University, 2012

Jae Kyoung Lee, "Standard for the Music Plagiarism", Chung-Ang Law Association, 2011

Chan Sook Park, "A Study on the Copyright Infringement by the Plagiarism of Korean Pop Music", Sang Myung University, 2010

Pyung Soo Kim, "Dilemmas of Music Creation, Plagiarism and Pure Creation", The Korean Association for the Study of Popular Music, 2013

Randall Roberts Contact Reporter, "How the 'Blurred Lines' case could have chilling effect on creativity", Los Angeles Times, 2015




Swirsky v. Carey, 376 F.3d 841 (9th Cir. 2004).

Johnson v. Gordon, 409 F.3d 12 (1st Cir. 2005).

Pharrell v. Bridgeport Music, LA Cv13-06004 Jak (AGRx) (Central District Court of California, 2014).