|
''Selle v. Gibb'' 741 F.2d 896 (1984) was a landmark ruling on the doctrine of striking similarities. The U.S. Court of Appeals for the Seventh Circuit ruled that while copying must be proved by access and substantial similarity, where evidence of access does not exist, striking similarities may raise an inference of copying by showing that the work could not have been the result of independent creation, coincidence, or common source. Striking similarity alone is not enough to infer access. The similarity must preclude independent creation in order to infer access.〔"Selle V. Gibb" and the Forensic Analysis of PlagiarismM. Fletcher ReynoldsCollege Music SymposiumVol. 32, (1992), pp. 55-78Published by: College Music Society〕〔Selle v. Gibb, 567 F. Supp. 1173, 1179 (N.D. Ill. 1983)〕 == Background == In the fall of 1975, Ronald H. Selle (born 1946), a Hazel Crest, Illinois resident and at that time, a Chicago clothing salesman for Carson, Pierie and Scott and part-time musician, wrote a song called “Let it End.” Selle holds a Master's Degree in Music Education from the University of Illinois. To support his wife Joanne and their daughter and two sons, he supplemented his income with a three-piece band that performed engagements around the Chicago area, worked as a church choir director, and occasionally wrote religious and secular music. Selle claimed the melody for "Let it End" came to his mind while getting ready for work one morning. He wrote it down and developed it further while at work, then came home from work later that day, sitting at a piano and completing it by the end of the night. He was issued a copyright for the completed song on November 17, 1975 by the U.S. Copyright Office. Selle mailed this song to a total of fourteen music publishers. None of them responded, with all but three returning his material. In May 1978, while working in his yard, Selle heard his next-door neighbor playing the Bee Gees song “How Deep Is Your Love” rather loudly on a radio and asked him what the song was, having heard it for the first time. Selle recognized the song as his melody but with different lyrics. After learning it was featured in the movie ''Saturday Night Fever'', Selle went and saw the movie, where he again heard the song and recognized the melody as his own. Selle filed suit in U.S. District Court for the Northern District of Illinois, accusing Barry, Robin & Maurice Gibb, their record label distributor Polygram, and Paramount Pictures of misappropriation and copyright infringement.〔Selle v. Gibb, 567 F. Supp. 1173, 1179 (N.D. Ill. 1983), aff'd, 741 F.2d 896, (7th Cir. 1984)〕 抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)』 ■ウィキペディアで「Selle v. Gibb」の詳細全文を読む スポンサード リンク
|