Sound Judgement: Musicology Behind the Scenes

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In the latest instalment of Downtown’s ongoing editorial series in collaboration with the Association for Electronic Music (AFEM), Sound Judgement: Musicology in the Modern Music Business, we explore the role of forensic musicology in today’s music industry.

The series will unpack issues ranging from derivative work clearances to copyright disputes and remix culture, offering insights into how musicology can help safeguard rights and empower creators.

The series is authored by Sarah Davis, Downtown Music Publishing’s Director of Global Client Services and the company’s In-House Forensic Musicologist. With a background in music performance, education, and a Master’s in Music Business from NYU, Sarah blends music theory expertise with real-world industry knowledge to provide support on everything from sample clearance to infringement risk.

In an age of endless creative expression through new songs, remixes and sync usages, more music than ever is being produced. And with that explosion comes more and more questions about where inspiration crosses into infringement.

This is something we help artists, songwriters, and rightsholders navigate all the time at Downtown. So, I thought it would be helpful to walk through some of the most common questions we see, and how background knowledge in musicology helps answer them. 

I think of this work in two main categories: pre and post-release review. Pre-release inquiries are the most frequent requests we get. These come in before a song is released for the first time. Working through potential issues at this stage is always easier because once a track is commercially released, it’s subject to copyright law in a whole new way. 

Typical pre-release questions include:

-“I copied lyrics from another song into my new track. Do I need to clear it?”

-“My producer says our record sounds similar to Kendrick Lamar. What should I do?”

-“I unintentionally used a melody that’s similar to another song. Is that a problem?”

Some of these questions stem from bespoke sync projects, where writers are sometimes asked to craft music in the style of another song. Others are straightforward clearance requests: someone wants to sample or interpolate a composition we represent, like “Feeling Good,” “Summertime,” “Pure Imagination” or “My Neck, My Back.”

Once we have a sense of the intended use, there are a few key contextual factors we always consider: how much of the original work is used, how central it is to the new piece, and how recognizable the reference might be.

Then there’s the post-release side- music that’s already out in the world. These requests can come from a number of places: clients who believe another artist has borrowed from their work (or vice-versa), call-outs on social media, you name it! An example of this is Chicane’s recent Instagram post accusing Calvin Harris of plagiarism. From a technical standpoint, the chord progressions, tempo, and rhythm in Calvin Harris’ “Blessings” differ from Chicane’s “Offshore.” Shared elements such as ambient texture or style that are common within the genre and do not automatically equate to plagiarism. The lack of substantive evidence in Chicane’s claim highlights a common misconception about musical similarity- while “Blessings” and “Offshore” may share surface-level aesthetic qualities, there is no meaningful overlap in musical structure that would constitute infringement.

Sometimes it’s a simple gut check: “Do you think this sounds too close?” Other times, it might escalate into a formal claim. Either way, we assess musical characteristics like melody, harmony, rhythm, and lyrics to help determine whether works are “substantially similar.” Additionally, I complete a prior art analysis to determine if there has been unauthorized use of copyrighted material. 

Many issues we see could be avoided with a few simple checkpoints. If you’re unsure where to start, here are a few key things artists, A&Rs, and rights teams should keep in mind:

-Listen critically: Does the song sound like something else?

-Get a second opinion: If someone on your team raises a flag, don’t ignore it.

-Clarify the use: Is it a straight cover, interpolation, or sample?

-Know the rights landscape: Who owns what, and do you need permission?

In the end, forensic musicology isn’t just about fighting lawsuits, it’s a way to empower artists to avoid costly mistakes, and ensure that everyone’s contributions are fairly recognized.