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We hope that the following discussion may suggest the potential of music notation
software to provide more efficient and effective methods of establishing or
disproving similarities between musical works than those that have been used
until now in music plagiarism suits. Most of the techniques offered here of
manipulating musical data have been anticipated by musicians who have testified
in music copyright cases with cumbersome diagrams, audiotapes, and perhaps even
an instrument (the first appearance of which must inevitably spark a distracting
frisson among those in the courtroom). The efficiency, however, with which one
can carry out these musical manipulations using notation software, the excellent
audio and graphic renditions it produces, and the ease of dissemination of graphic
and audio files associated with digital scores, are among the advantages of
applying this relatively new technology to this curious intersection of music
and law.
Our discussion considers first the applications of notation
software and the use of the software itself to demonstrate the similarities
or differences between two or more musical works. Second, we consider use of
search engines to retrieve prior art from thematic or full score collections
of digital music data. Our objective is not to attempt an exhaustive treatment
of the applications of these technologies, but rather to provoke readers to
experiment with them, or at least to reflect upon their potential efficacy in
this area. We have posed a number of questions too, that we hope readers will
respond to given our aim to have the site present, eventually, diverse viewpoints
on the issues it raises.
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