The Chorus from Sam Smith's "Stay With Me" has an eerie resemblance to Tom Petty's 1989 song - “I Won’t Back Down. Mr. Petty and Jeff Lynne, the Songwriters, filed a copyright violation case and settled out of court. Modern song creation has evolved away from the standard process - starting with the lyrics, the sheet music, and finally the tune. For new song creators, it would be impossible to fight cases where some parts of the song had similar sheet music as the songs in the 70s and 80s.
Which one of the following statements weakens the argument?
(a) According to Muzic82 - an aggregated opinion database from Music Experts, 98% of the experts felt that Sam Smith's song had a more traditional choir gospel theme than Tom Petty's chorus.
(b) Sam Smith chose to settle the case out of court, to avoid any disruption in his promotional tours
(c) In a similar case, Marvin Gayle's family was awarded $7.3 million as compensation when Robin Thicke and Pharell Williams - the songwriter-producer of the 2013 hit "Blurred Lines", infringed on the copyright of the 1977 Marvin Gayle song "Got to Give it Up" without any due credit.
(d) In modern songwriting - tone, intensity and feel are equally important to identify the uniqueness of the song.
(e) In another instance, 2013's #1 Song "Thrift Shop" by Mackelmore & Ryan Lewis, and Le1f's "Wut" had a similar pattern with identical synthesized sax, but Le1f has limited options left for a legal claim.
Source: f1gmat
OA not available