Every generation has its copyright battles. From the early blues borrowings to recent chart-topping disputes, music has always tested the boundaries of originality. But in the last decade, the number of song similarity cases has noticeably climbed. What changed? And more importantly, what can creators, producers, and brands do to avoid getting caught in the crossfire?

The answer lies in understanding why these claims are multiplying and how copyright clearance—guided by a forensic musicologist—protects creative work before it reaches the public.

Why the Spike in Cases?

More music, more overlap. Streaming has exploded output. Tens of thousands of new tracks hit platforms daily. With so much music circulating, the probability of overlap—real or perceived—has grown.
Legal incentives. After the Blurred Lines verdict, plaintiffs saw a path to large payouts. Even weak claims can pressure defendants into settlement if the cost of litigation outweighs fighting.
Brands as targets. A composer working for a major ad campaign may not be wealthy, but the brand commissioning the work is. Lawsuits often aim past the composer toward the deep-pocketed client.
AI acceleration. With generative music tools producing content at scale, questions about originality are multiplying. The line between influence and infringement is blurring.

The Role of a Forensic Musicologist

When disputes arise, a forensic musicologist provides objective analysis:

Determining whether two works are substantially similar.
Distinguishing unprotectable musical “building blocks” from original expression.
Offering expert testimony as a music plagiarism expert witness in court.

But the same expertise can be used proactively. Clearance reviews assess tracks before release, ensuring brands and creators demonstrate due diligence and minimize risk.

Why Clearance Matters

For composers and producers, clearance protects their careers. For brands and agencies, it protects campaigns and reputations. Benefits include:

Reduced litigation risk. Prevents accidental release of a track that may trigger claims.
Proof of diligence. If sued, documented clearance shows the company took reasonable steps to avoid infringement.
Creative freedom. By identifying safe zones, clearance frees creators from paralyzing fear of “sounding too close” to something else.

Recent Illustrations

The Ed Sheeran “Thinking Out Loud” case highlighted how even commonplace chord progressions can spark lawsuits.
Led Zeppelin’s “Stairway to Heaven” trial emphasized the importance of clear, technical testimony to distinguish similarity from coincidence.
Countless less-publicized ad campaigns have faced takedown threats over background tracks.

In each, the role of expert analysis proved central—either in court or behind the scenes.

How to Protect Yourself

Commission clearance. Before releasing music for a campaign, film, or product, obtain a copyright clearance letter from a qualified forensic musicologist.
Keep records. Document reviews as part of your legal and creative files.
Educate teams. Train producers, agencies, and supervisors on why clearance is not optional but strategic.

The Takeaway

Song similarity disputes aren’t slowing down. If anything, the combination of volume, incentives, and AI will make them more common. But the solution isn’t retreat—it’s preparation.

Engaging a forensic musicologist early, whether for song similarity analysis or copyright clearance, is the simplest way to safeguard creativity.

Further reading: Learn more about preventative clearance and expert witness support at Musicologize.com.