9th Circuit quietly buries music law’s inverse ratio rule

February 14, 2019Article
Los Angeles Daily Journal

Greenberg Glusker attorney Brandon Milostan co-wrote an article for the Daily Journal on February 14 about a late-breaking amendment in the court’s ruling in the Blurred Lines case that may give creatives a bit of comfort, as the court quiet edited the ‘inverse ratio rule' out of existence.

This little-noticed amendment expunged all referenced to the inverse ratio rule, a bane and a boon to music copyright infringement litigation for decades which provides that the greater the evidence of access to a copyrighted work by an alleged infringer, the less evidence of substantial similarity may be required by the complaining litigant.