Engaged Learning Project Draft Template

Title of Project: Copyright Infringement in Music

Subject(s): Music Technology
Grade Level(s): High School
Author: Patrick Collins
Abstract: In this project, students will form groups and take on the role as a defense or prosecuting legal team preparing for
a trial over alleged copyright infringement where one artists has stolen part of another's composition. Students will collect
information on copyright law, especially relating to music and prior legal cases dealing with music copyright. Then students
will analyze the two musical compositions in order to determine where infringement might have occurred and why it is or is
not infringement. Finally, students will aggregate their information to create a legal case to defend or prosecute the defendant.
Learner Description/Context: The students in my class come from diverse ethnic and economic situations. Due to this
diversity, the students have a wide variety of music that they enjoy; the most common is rap. Since the students enjoy
different genres, the different groups will explore a few different genres, each with its own unique complications. Rap
examples, in particular, will force the students to think more critically about what truly is copyright infringement. This is due
to a compositional technique that we learn about with rap music called “sampling” which is taking parts of other songs and
using it within your own. In addition to my students’ musical interests, many of my students are members of the school mock
trial team. The students will work on this project in our classroom, which is a computer lab with one-to-one computers. The
vast majority of students also have mobile device access with school-provided Wi-Fi, as well. This will enable the students to
complete the large-scale research that will be required for a quality product and a compelling argument.
Time Frame: Estimation of 3 weeks; 2 weeks for research and analysis, and 1 week to have the mock trials.
Standards Assessed:
Gwinnett County AKS
• FABT.C.6.a: demonstrate a basic knowledge of the technical vocabulary of music
• FABT.C.6.b: identify and explain basic compositional devices and techniques in music
• FABT.C.7.b: demonstrate proper knowledge and use of musical vocabulary when evaluating performances and
compositions
• FABT.E.15.a: identify and explain basic copyright laws as they relate to music technology applications
• FABT.E.15.b: discuss ethical and legal issues as related to music technology
• FABT.E.15.c: discuss copywriting procedures for original compositions or productions
ISTE Standards for Students
• 2c: Students demonstrate an understanding of and respect for the rights and obligations of using and sharing intellectual
property.
• 3c: Students curate information from digital resources using a variety of tools and methods to create collections of
artifacts that demonstrate meaningful connections or conclusions.
• 3d: Students build knowledge by actively exploring real-world issues and problems, developing ideas and theories and
pursuing answers and solutions.
• 4d: Students exhibit a tolerance for ambiguity, perseverance and the capacity to work with open-ended problems.
• 6a: Students choose the appropriate platforms and tools for meeting the desired objectives of their creation or
communication.
• 6b: Students create original works or responsibly repurpose or remix digital resources into new creations.
• 6c: Students communicate complex ideas clearly and effectively by creating or using a variety of digital objects such as
visualizations, models or simulations.
• 7b: Students use collaborative technologies to work with others, including peers, experts or community members, to
examine issues and problems from multiple viewpoints.
• 7c: Students contribute constructively to project teams, assuming various roles and responsibilities to work effectively
toward a common goal.
Learner Objectives:
Students will be able to formulate a compelling legal argument using music copyright law and musical analysis.
The “hook” or Introduction:
The students will be introduced to the case of Williams, Harris, and Thicke v. Gaye (2015) by playing portions “Blurred
Lines” by Robin Thicke and then “Got to Give it Up” by Marvin Gaye. The students will then discuss with each other if they
think the songs sound similar and why or why not. The teacher will then reveal that Robin Thicke was sued for the song and
eventually lost and forced to pay $5.3 million for copyright infringement. The students will then watch a video from Berklee
Online (2017) that has a witness that testified at the trial discussing the trial before discussing again as a whole class what
Jo Williamson, Ph.D., Kennesaw State University
 Engaged Learning Project Draft Template
they think about the verdict. If possible, include a skype session with a lawyer who deals with copyright (especially music
copyright).
Process:
1. Teacher introduces the learning experience
2. Students divide up into group and are assigned a case and which legal team they are (defense or prosecution)
3. Groups do initial research into music copyright law and listen to the two songs to create an initial argument
4. Groups divide up the following tasks among themselves:
a. Research copyright law and fair use more in depth
b. Research legal precedent
c. Research connection between song writers
d. Analyze the two songs for musical similarity
5. Groups create artifacts to help portray their case (ex. Sheet music, concert tours, pictures)
6. Groups submit their artifacts into “discovery”
7. Opposing counsel has access to artifacts in “discovery” in order to prepare counter-arguments
8. Groups prepare final legal reports including their argument, supporting details, and supporting artifacts
9. Trials are held and filmed
a. Optional: Work with another school to have the students compete via Skype
b. Each group receives up to 10 minutes to state their case
c. Each group receives up to 5 minutes to rebuttal opposing counsel
d. The rest of the class, as the jury, has the chance to deliberate and determine which case was strong based on the
arguments and their own understanding of copyright law from their research
10. Films of trial (sans verdict) are posted online with legal reports for others to watch, read, and discuss.
During this process, students are constantly communicating with each other as they discover new information that might
change the course of their research or artifact creation. The teacher is monitoring the students by walking around and asking
what part of the argument that each student is working on. The teacher is paying particular close attention to those who are
analyzing music and working with the more complex software to ensure they have the assistance they need. The teacher may
also pose questions to groups to keep their investigation going.
Product:
The product of this learning experience is a legal report that outlines the groups’ argument with all the supporting details
included. Groups will then participate in a mock trial where the teacher will serve as the judge and the remaining students
will serve as the jury. During the trial, each group will make their case by presenting the evidence they have discovered to the
court. This may be in the form of sheet music, audio samples, and/or legal precent. Each group will also have the chance of
rebuttal to the other group. After each group has presented, the jury will deliberate and determine, based on the evidence
presented, the stronger case. Each of these trials will be recorded and all evidence collected to be shared online where others
can watch and discuss the mock trial.
Technology Use:
For this project, it is critical that students have access to computers and the internet in order to do research on copyright law
and previous cases relating to music copyright law. Students will need access to a digital audio workstation so that they can
analyze the two pieces of music for similarities. Students will also need access to notation software so that they can create
artifacts showing where the music is similar and in what ways. Lastly, students will need access to a word processor in order
to create their legal report.
If accessible, skype and webcams would be needed should another school be interested in participating as well.
References and Supporting Material:
For this learning experience, rubrics would need to be developed for the legal report and for the trial. Creating a sample legal
report based on Williams, Harris, and Thicke v. Gaye (2015) would be ideal, but not necessary.
Berkeley Library. (n.d.). Copyright Basics & Fair Use. Retrieved from http://www.lib.berkeley.edu/scholarly-
communication/publishing/copyright/basics
Berklee Online. “Copyright for Musicians: Revisiting the Blurred Lines Copyright Case | Part 6/6 | Music Business.”
YouTube, YouTube, 5 Dec. 2017, www.youtube.com/watch?v=UQpToBfGn78.
Runtagh, J. (2018, June 25). Songs on Trial: 12 Landmark Music Copyright Cases. Retrieved from
https://www.rollingstone.com/politics/politics-lists/songs-on-trial-12-landmark-music-copyright-cases-166396/mark-
ronson-vs-the-gap-band-the-sequence-zapp-and-collage-2015-2018-127068/

Jo Williamson, Ph.D., Kennesaw State University

 Engaged Learning Project Draft Template
Tada, Y. (n.d.). The Internet and Musical Copyright Law. Retrieved from
https://cyber.harvard.edu/fallsem98/final_papers/Tada.html
What modifications have you made since you submitted your “idea” for feedback?
• Students are now in groups like a real legal team
• Students are using music software to analyze the two pieces
• Students are creating a legal report prior to presenting their case at the trial (this also helps with the multi-disciplinary
indicator)
• Students will have skype session with lawyer to start the activity
• Students have the option to “compete” with another school
Which indicators of Engaged Learning will be high in this lesson and Why?
Challenging - This lesson requires the students to not only collect information, but to synthesize it into a legal case. This will
require higher-order thinking skills.
Collaborative - This lesson requires the students to work together to come to a consensus on how they are going to approach
the trial. They then must be able to divide the work so they can collect enough information to have a substantial amount of
evidence for when they come together to create their case.
Which indicators would you like to strengthen?
I would still like to strengthen multi-disciplinary and maybe seamless assessments.
What LoTI level do you think this lesson would be and Why?
I think that this lesson is a solid LoTI 5 now, with a high potential to be a LoTI 6. With the modifications made, students are
collaborating more with people outside the classroom. Because of this, they are also sharing their product more and if they
compete against another school, their product becomes more meaningful. There has also been an increase in technology use
and complexity with the use digital audio workstation and notation software to analyze the music and create artifacts. There
is an extremely high potential for students to create outstanding quality legal reports.
What help would you like to receive from us?
I would love some feedback on some possible ways to assess more accurately throughout the research process so that I can
ensure they are getting all the correct information and formulating a solid argument.

Jo Williamson, Ph.D., Kennesaw State University