Though this case ruled in Porter’s favor and spies were found to not, in fact, be in the equation, the decision set a major precedent for music copyright cases. First of all, this was the first of Arnstein’s several legal battles that had been taken seriously. He was somewhat of a “full-time plaintiff,” and by 1946 had already unsuccessfully attempted to sue ASCAP, BMI, and Twentieth Century Fox Film. Although he did ultimately lose his case against Porter, this case helped establish the two-pronged test to determine copyright infringement that is still used today: Courts must determine if the defendant copied the plaintiff’s work, and whether this copying constitutes substantial similarity between the two works.
After mapping out the framework between the chords, bass, and drum loops, I found a perfect vocal loop to sneak into this track. That’s Kim Mayo’s (of The Love Experiment and Moonheart) incredible and undeniably unique voice first sampled at 0:22.