Bob comes up with the best song lyrics that anyone has ever written. Every day,
ID: 422975 • Letter: B
Question
Bob comes up with the best song lyrics that anyone has ever written. Every day, Bob thinks of the lyrics, singing it in her head. For ten years, he keeps singing the song in her head. One day, Bob hears Jamie singing the song on the radio; it has become the number one song, and everyone is buying it. Every single word in the radio version is exactly the same as what Bob had imagined, and everything in the song is exactly the same as hers. Bob is upset, since Bob was the one who first came up the lyrics ten years ago.
WHAT ARE THE LEGAL ISSUES IN THE SITUATION?
Explanation / Answer
The legal issues that could have been aroused in the given situation include copyright infringement if Bob has written the lyrics in a paper or recorded somewhere in tangible form. Once the creation is recorded in a tangible form, it is protected by copyright whether it is published or unpublished. Bob only would have the exclusive rights to reproduce, publish or sell the original work in such circumstance and Bob could have sued Jamie for unauthorized use of her creation. But here Bob has not written the song lyrics anywhere other than singing it in her head. Hence it did not take a tangible form and is not protected under copyright. Hence if Bob sue Jamie based on copyright protection, she may not be able to win the case without showing tangible evidence of the creation done by her before Jamie.