ABSTRACT
This study undertakes a qualitative content analysis of YouTube videos on the Flame v Perry ‘Dark Horse’ case in order to analyse public discussion regarding music copyright law (n = 59). Results show that YouTube creators are engaged with complex issues in copyright law. It is found that disagreement exists over how to apply the ‘substantial similarity’ test and that there is a widespread concern that copyright law is becoming excessive in its protection of common musical elements, which should be available to all, are. Results indicate that those from a music background are particularly concerned with these issues and that this is reflected in their more likely decision of no copyright infringement in this case. Concerns with the ability of the law to provide unbiased and neutral decisions were expressed by many. Overall, the results indicate that copyright law is in a challenging position and that there is a need to rebuild trust in the ability of the law to distinguish genuine copyright claims from frivolous charges.
Ann C Luk, How does the public perceive music copyright law? A content analysis of YouTube videos on the Flame v Perry ‘Dark Horse’ case, Journal of Intellectual Property Law and Practice, volume 17, issue 9, September 2022, pages 704-726. Published: 31 August 2022.
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