Does XTC's Then She Appeared (1992) infringe the copyright of Badfinger's Come And [...]
Too Many Frivolous Music Copyright Infringement Lawsuits
If a consultant/expert ALWAYS sides with the side that approaches her/him, that consultant/expert is considered by some to be a hired gun. When a consultant/expert turns down the person/side approaching her/him, the consultant/expert is turning down employment. Some will credit a person who can say "no" to money as having some virtue. That person can have virtue but will not have income stemming from virtue or that potential source of income.
XTC's Then She Appeared (1992) is a song written and recorded almost twenty (20) years before Toby Keith's Red Solo Cup (2011). It also prominently features the 3-4-5-8 melody. The 3-4-5-8 is the opening vocal and the hook throughout the entire song. Are four (4) prominent and clearly-heard notes in common between songs reason enough to instigate a copyright infringement lawsuit? Should XTC sue Toby Keith for copyright infringement?