In seeking to overturn that ruling, Johannsongs argued on appeal that Judge Birotte had unfairly excluded a report from the company’s own expert, another well-known musicologist named Judith Finell. “Any melodic similarities between ‘Soknudur’ and ‘Raise’ are either unprotectible because they are found in prior art songs including ‘Londonderry Air’ aka ‘Danny Boy,’ or they are too scattered to amount to substantial similarity,” wrote U.S. In this case, that song was “Danny Boy,” the mournful 1913 English ballad set to the melody of the even-older Irish folk song “Londonderry Air.” Citing a report prepared by famed New York University musicologist Lawrence Ferrara, the judge ruled that the similarities between the two songs were derived from so-called prior art - a legal term referring to a third, pre-existing piece of music. Last year, a federal trial judge dismissed the case. It also brought him his first Grammy nomination, for best male pop vocal performance. ![]() “You Raise Me Up” was Groban’s first hit on the Billboard Hot 100, reaching No. Groban, who merely covered the song, was never a party to the lawsuit. ![]() The lawsuit named Secret Garden member and songwriter Rolf Løvland as a defendant, as well as Universal Music Group, Warner Music Group, Spotify and Apple. The ruling came in a lawsuit filed in 2018 by a company called Johannsongs-Publishing Ltd., which owns the rights to a 1977 song entitled “Söknuður.” The case claimed that “You Raise Me Up,” written by Irish-Norwegian band Secret Garden but popularized by Groban’s version, was “97% similar” to the earlier song. Daddy Yankee & Karol G Want Huge Reggaeton Lawsuit Tossed: 'Claiming Ownership Of An Entire Genre'
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