Copyright and Music: The Unordinary Listener Test

, New York Law Journal

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Leon Ruchelsman, a Supreme Court justice in Kings County, writes that the "ordinary listener" test for music infringement adopted in the Second Circuit and the majority of the nation has proved difficult to apply. The Ninth Circuit has begun to use an expanded version of the substantial similarity test, which is an important step in treating these cases with the same standards and tests used in other areas of the law.

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