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Music Report Meets Rule 702 Requirements
The U.S. District Court for the Southern District of New York decided that opinion testimony of a copyright-infringement musicologist that was consistent with his infringement-analysis report would be admissible expert evidence, if needed. Velez v. Sony Discos, 05 Civ. 0615(PKC).
Pro se plaintiff Victor Velez alleged that recording-artist Victor Manuelle 'knowledgeably infringed plaintiff's [song 'Hasta Hoy'] and purposely changed the lyrics so as to conceal such infringement' in Manuelle's two versions of his 'Tengo Ganas.' Velez also claimed that Sony Discos, for which Manuelle recorded, was 'contributory liable' by 'approv[ing] and release[ing] production containing infringed and concealed music.' The defendants hired musicologist Lawrence Ferrara as their expert. Velez filed a motion to exclude Ferrera's report.
Rule 702 of the Federal Rules of Evidence states: 'If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education, may testify thereto in the form of an opinion or otherwise, if: 1) the testimony is based upon sufficient facts or data; 2) the testimony is the product of reliable principles and methods, and 3) the witness has applied the principles and methods reliably to the facts of the case.'
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