Glossary
The glossary contains definitions and explanations of key terms and phrases used that may not be easily understood. In line with the aim of Lost in Music to make the music industry easier to navigate, we hope that these will aid your understanding of the cases. If there are other terms you spot that we have used that are not in the glossary but need further explanation, please contact one of the team.
commonplace
Many elements in music are considered 'commonplace' because they are so widely used. Commonplace elements of a song cannot be copyrighted and are therefore excluded from any considerations as to infringement. Examples of commonplace elements in music include the so-called "Bo Diddley beat", which was popularised by Bo Diddley but can be traced back to African traditions, and the 12-bar blues chord pattern, which is widely used but evolved in the early 20th century.
counsel
As a noun 'counsel' refers to the legal team representing one side in a disagreement. As a verb it can also mean to give advice.
injuncting
An injunction is a legal order to stop something from happening - in this context it is usually to stop the distribution of a piece of music which may be considered likely to infringe. An injunction hearing is of necessity quick. If an injunction is granted, a separate hearing may follow to determine whether an infringement has taken place, or the parties may settle.
injunct
To put into force a legal order to stop something from happening - in this context it is usually to stop the distribution of a piece of music which may be considered likely to infringe. An injunction hearing is of necessity quick. If an injunction is granted, a separate hearing may follow to determine whether an infringement has taken place, or the parties may settle.
interlocutory appeal
An appeal of a trial decision that is made before all claims in the case are resolved. Usually this occurs if there is more than one defendant or more than one charge brought at the trial.
irrebuttable
An argument which cannot be countered.
libretto
The words of an opera.
melodic
The tune - the main, identifiable element of a piece of music that gives it its strongest unique quality, and thus the feature that is most strongly contested in an infringement case. The adjective 'melodic' refers to the melody.
melodies
The tune - the main, identifiable element of a piece of music that gives it its strongest unique quality, and thus the feature that is most strongly contested in an infringement case. The adjective 'melodic' refers to the melody.
ostinato
A recurring set of notes in a piece of music, such as the bass riff to Under Pressure by Queen, sampled by Vanilla Ice in Ice, Ice Baby.