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

February 14, 2019Article
Los Angeles Daily Journal

Greenberg Glusker Attorneys William Hochberg and Brandon Milostan 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.