Plagiarism or just coincidence?
The British singer-songwriter Ed Sheeran is accused of copyright infringement. Songwriters Martin Harrington and Thomas Leonard - who wrote the song 'Amazing' - claim that Sheeran's song 'Photograph' is similar to 'Amazing' (which is sang by Matt Cardle). According to the songwriters, it is abundantly clear that it was copied.
The similarities would include the following:
- identical tunes and an identical rhythm (mainly in the refrain);
- identical lyrics; and:
- a similar style.
How would a Dutch judge assess such a case? Is there any similarity? Moreover, are the described elements copyright protected?