Do copyright infringement and plagiarism in music mean the same thing?

Plagiarism and copyright infringement may seem similar, but they are different concepts.

Plagiarism is a matter that can be morally criticized, in that it imitates the atmosphere or concept of another person's work.

Copyright infringement, on the other hand, is established when the “specific expression” of a legally protected work is used without permission.

In other words, if only the idea was borrowed, one may be criticized for plagiarism, but one does not bear legal liability for copyright infringement.

In particular, because music contains various elements mixed together, such as beat, melody, and harmony, the fact that some parts are similar does not immediately mean that copyright infringement is recognized.

When judging copyright infringement, the court examines whether the work was made in reliance on the original song, and whether there is substantial similarity between the two songs.

Substantial similarity is judged not simply by whether the feeling is similar, but by comprehensively comparing the main melody, rhythm, and beat.

Intellectual property matters can escalate into a large dispute even from a small misunderstanding.

Therefore, in order to clearly understand your rights and obligations and to promptly prepare the necessary response, it is advisable to seek the help of an intellectual property attorney.

I recommend that you resolve the issue in a timely manner by seeking advice from a specialized attorney from the beginning.