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The Use of Forensic Musicology in Criminal Investigations
Zaroon; Jumana Rashid; Anwaar Iikhar; Hamid Bashir;
Rukhsana Parveen*
CAMB, University of the Punjab, Lahore, Pakistan
*Corresponding author: Rukhsana Parveen
CAMB, University of the Punjab, Lahore, Pakistan.
Email: rukhsana.camb@pu.edu.pk
Received: May 23, 2023
Accepted: June 20, 2023
Published: June 27, 2023
Citation: Savitha MR and Thanuja B. Food Allergens and Aero Allergens Sensitisation.
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Access
. 2020; 2(1): 1004.
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Ausn J Forensic Sci Criminol
Volume 10, Issue 1 (2023)
www.ausnpublishinggroup.com
Zaroon © All rights are reserved
Citaon: Zaroon, Rashid J, Iikhar A, Bashir H, Parveen R. The Use of Forensic Musicology
in Criminal Invesgaons. Ausn J Forensic Sci Criminol. 2023; 10(1): 1095.
Austin Journal of Forensic Science and Criminology
Open Access
Abstract
Forensic musicology is the scienc study of music in a legal
context. It can be used to help idenfy the composer of a piece
of music, to determine the ownership of a copyright, or to resolve
disputes over the use of musical works. Forensic musicologists may
also be called upon to give expert tesmony in court cases involving
quesons of music.
Forensic musicology is a relavely new eld, and there are no
formal educaons or training requirements for becoming a forensic
musicologist. However, most forensic musicologists have advanced
degrees in music theory, musicology, or a related eld, and many
also have experience working as professional musicians. Forensic
musicologists use their knowledge of musical composion, history,
and performance to answer quesons raised in legal cases.
Forensic musicologists typically collaborate with aorneys,
judges, and other legal professionals to provide expert tesmony
or analysis in court cases. In some cases, they may also be asked
to tesfy in front of a grand jury or give deposions. Forensic mu-
sicologists may also be consulted by law enforcement agencies to
help idenfy unknown pieces of music or to authencate record-
ings. This review will focus on the applicaon of forensic musicol-
ogy in civil and criminal cases.
Keywords: Forensic; Forensic musicology; Music; Legal
Introducon
Forensic musicology gained signicant popularity as a disci-
pline in the late years of the tweneth century [1]. There are
many potenal applicaons of forensic musicology used in dif-
ferent elds today. Many countries around the world are cur-
rently demonstrang a deep extent of ulizing voice analysis.
This trend is especially far more noceable in developed coun-
tries [2]. The signicance of voice recognion and analysis can-
not be undermined as they play a pivotal role in solving so many
criminal cases every year [3]. Criminology aside, forensic musi-
cology has played a crical part in infringement cases involving
the music industry [4].
Forensic musicologists have been called to courthouses over
many decades to check the similaries between two pieces of
music. These connoisseurs analyze the similaries between
the music pieces and give a verdict on whether the two music
pieces are similar or not. In cases with substanal evidence of
similarity or infringement, these forensic musicologists have to
tesfy in open court as well. This pracce came to be in use
fairly recently. The pracce before was nowhere near this pro-
fessional. Forensic musicologists create legal evidence that is
based on logic and reason. The evidence that these experts can
create holds a visual signicance. This might be one of the many
reasons why courts in dierent countries have started viewing
dierent music samples as violaons of copyright [5,6].
A term that is currently being used frequently in copyright
laws is ‘reverse engineering’. This term refers to the use of pre-
vious work done in the early years and presenng that work
or a form of it in the recent version. More ecient legal reg-
ulaons are being put into place regarding this how to cover
this aspect of copyright laws with forensic musicology. Forensic
musicology is a study that evolves every day. New techniques
are being tested and applied to increase the eecveness and
eciency of the system and the results that are produced as a
result of forensic musicology [7]. Since forensic musicology is
playing its role for almost two hundred years the disciples of
forensic musicology has only been recognized consistently since
the late 20th century. Recent emergence of it has contributed to
the dearth of academic study on its method, history and impor-
tant gures.
Importance of Forensic Musicology
The ongoing transion of the music business to digital re-
cording and distribuon has enhanced the experse that legal
professionals need from specialists. A wide range of legal con-
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Zaroon
cerns, including the idencaon and authencaon of pub-
lished works and musical recordings, performance rights, and
legal rulings involving copyright infringement are supported by
expert tesmony for forensic musicology. Even though there
have been legal instances concerning music and performance
infringement since the 19th century, there is no established ap-
proach in the eld of forensic musicology that allows for an ob-
jecve forensic assessment [8].
To understand and realize the importance of forensic mu-
sicology, a basic understanding of the working of voices and
sound is mandatory. This understanding will further lead to
understanding the frequency, and pitch of the sound, and -
nally, geng to know the complex processes such as Automac
Speaker Recognion (ASR), forensic voice comparisons, and so
on. Vibraons in the atmosphere produce the sound that we
hear, and the frequency of a sound is a measure of how fast +or
slow it makes the air vibrate around it [1].
For two voices to belong to the same person, there should
be considerable similaries between the two. Otherwise, the
alternave is that the voices belong to dierent people if they
do not share similaries. Apart from the similaries, the voice
should be clearly and categorically disnct in nature. The com-
plexity of the human voice makes it extremely dicult to pin-
point one voice to one person based on similaries and disnc-
veness. The same person may sound dierent in a cold or any
other health issue that aects the voice [9].
Forensic musicology has been used to disnguish between
the dierent music types in countries such as Africa where
there is an amalgam of so many cultures with dierent tradi-
ons and music types. By use of forensic musicology, experts
have been able to clearly dene the boundaries and have been
able to disnguish between the many types of music in dier-
ent cultures of Africa. Forensic musicology therefore is helping
in the detecon of following areas in music [10].
Voice Recognion
Voices and faces both contain intricate smuli that provide
vital social informaon. Both play a role in the recognion and
dierenaon of certain individuals. These parallels raise the
possibility that speech recognion technology may have evolved
similarly to facial recognion technology in certain ways [11].
Voice Recognion is the ability of a machine how well it per-
ceives a spoken command by a person and how the machine
interprets this informaon. This technology has been ulized by
some of the biggest tech industries of today, such as Amazon,
Microso, and Apple. These companies have applied the tech-
nique of voice recognion and made custom soware for their
tech devices. For instance, Apple has made Siri, Amazon has Al-
exa and Microso has Cortana. Recent years have seen a signi-
cant convergence between the methods and techniques used
to develop man-machine interacon based on the word and
the data stascal modelling paradigm (such as HMM-based
acousc modelling, n-gram-based language modelling, and
concatenave speech synthesis). Of course, over the course of
nearly three decades, these techniques have actually improved
the quality and performance of the system, leading to this con-
vergence of modelling paradigms [12].
For a computer to recognize anything, the signal has to be
digital in nature. In that regard, the audio is inially converted
to a digital form by a process known as analog to digital con-
version. These conversions of speech paerns are stored in the
computer on the hard drive. Paern recognion is used by a
comparator to check these speech paerns [13].
The acousc characteriscs of voice also reveal a speaker's
identy in addion to their views and intents. The ability to
idenfy people from their sounds has been studied in lab set-
ngs. Voice recognion, however, includes two components:
(1) the ability to idenfy the voice of a known individual, and
(2) the ability to familiarize a voice, that is, to encode a voice
and retain some feature of it in long-term memory [14].
Automac Speaker Recognion is an applicaon of forensic
musicology with immense scope and signicance in not only
an invesgave approach but also the reporng of evidence.
When we take an example of a case that is normally encoun-
tered by law enforcement ocials on a roune basis, one such
where a vicm has received a call of a threatening nature [15].
In this scenario, a suspect list is made by comparing the voice
on the call with that of the criminals. This sample voice on the
call is called the trace [16]. Automated speaker-recognion sys-
tems have become a crucial tool for identy vericaon in many
e-commerce applicaons, as well as in everyday commercial en-
counters, forensics, and law enforcement [17]. By analyzing a
variety of acousc, prosodic, and grammacal aspects of speech
in a method known as structured listening, human profession-
als skilled in forensic speaker recognion may execute this task
even beer. Forensic speech sciensts and linguists have been
working on techniques for forensic speaker recognion for
many years in an eort to help eliminate any prejudice or previ-
ous noons about the reliability of an unknown audio sample
and a reference template from a suspected suspect [18].
Forensic voice comparisons come in handy in criminal cases
where physical evidence is absent or suciently minimal. In
case of a ransom call from a hostage situaon where there is
Figure 1: Analysis in music circulates around the following major
areas.
Figure 2: Comparison of the opening melodies of The Chions’
He’s So Fine (top) and George Harrison’s My Sweet Lord (boom)
[42].
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no physical evidence such as DNA or ngerprints to go on, the
only lead available is the voice of the caller. By running this trace
with the database of voices present, there is the formaon of a
list of potenal suspects. Further analysis of this sample record-
ing can yield even a single enty where it is highly likely that the
caller and suspect are one and the same person [19].
Study of Tampered and Original Sounds
Before 1950s and even in some cases now sounds and voices
are analyzed by experts known as linguists. These professionals
are trained in linguiscs, which is the scienc study of speech
as well as language. This type of voice analysis is called linguisc
analysis. This eld has been upgraded and dierent linguisc
features are examined and compared in this study by the ex-
perts. The whole sample speech or trace is broken down into
chunks. These separate chunks are carefully listened to by lin-
guists. This part of the analysis is known as the auditory analysis
since it deals with specic sounds.
Copy-move, deleon, inseron, substuon, and splicing
are all methods of faking audio. As copy-move forgery entails
shiing a poron of the audio to another point inside the same
stream, its applicability are constrained in comparison to other
methods. On the other side, integrang recordings from various
speakers, devices, and surroundings may be involved in the de-
leon, inseron, replacement, and splicing of forged audio [20].
Dierent systems have been suggested to study the tampered
verses original sound such as one suggested system's main goal
is to resolve the following problems with high accuracy and a
high categorizaon rate:
1. Determine the dierence between authenc audio
and audio that has been altered by combining recordings made
using the same microphone in various sengs.
2. Environment categorizaon of authenc and fake au-
dio produced via splicing. Regardless of speaker or content (i.e.,
text), detect counterfeit audio.
3. Reliable authencaon using briey fabricated audio
[21].
Studying sound and making a comparison using these dif-
ferent developed soware and tools have helped courts to
study cases with legal and visual evidence [22]. This could help
a judge to see how songs look onto a paper that he could clearly
dierenate between original and tempered sounds [23].
Music as a Weapon
Acousc weapons have been developed since the end of
the past century as part of a non-lethal weapon invenon. Ac-
cording to theories put forward by many experts over the years,
the eect sound has on the body and its funcons have been
focused majorly. Sound and music have also been linked as a
means of eradicang the subjecvity of a person during interro-
gaon. Every arcle in the US press that has been linked to the
use of music to torture prisoners or detainees has culminated
in a reacon from the virtual side as well in the plaorm known
as the blogosphere [24]. The Joint Non-Lethal Weapons Task
Force's founding in 1997 in US is working for the Department
of Defense have been developing "acousc weapons," which
accounted for a third of the Task Force's budget from 1998 to
1999. Whereas theorists of the interrogaon chamber concen-
trate on the ability of sound and music to destroy subjecvity,
those of the baleeld place more emphasis on the physical
impacts of sound [25].
In the Yugoslavian wars that took place in the 1990s, music
was seen as a symbol of dierences in ethnicies. It was seen as
a means of violence. Experts have ruled that understanding mu-
sic and the reacon and address of the public to this could have
made sense of the ethnic conict that rose during the wars.
During the wars, music has been used as a weapon and means
of torture in prison. It was used to invoke feelings of fear and
anxiety in the prisoners by making it take the shape and form of
a cleansing ritual. That being said, some ethnic groups also took
strength from music and boosted their morale in the tough and
challenging mes of the wars [26]. In many ways, lower- and
middle-class opinions and frustraons with people, things, and
governments that exercise authority over the masses are fairly
accurately reected in popular music.
The second part of the 1960s saw groups headed by the
young that fundamentally contested preexisng forms of poli-
cal and cultural authority. This was when the desire for social
change and the challenge to authority reached its highest de-
gree of intensity. All this is reected in the music of that era
[27]. Popular music and social movements have a link that has
not goen as much aenon as its signicance merits. More
research is crically required since, in addion to frequently
lagging behind other disciplines in its aempts to comprehend
the nature and signicance of popular media, especially popu-
lar music and the dierent protest movements of 1960s [28].
Frequency-Based Tesng for Idencaon of Disnct Types
of Sound
There is a lot of informaon that can be gathered by the
voice of a person. This voice can tell the origin, the birthplace of
a person along with the area of the upbringing of that person.
Dierent areas and people have dierent languages, accents,
and dialects. Not surprisingly, the voice of a person is reveal-
ing about the heritage and culture as well. The dierences in
the shape and size of vocal cords along with the upbringing in
how to use them cause people's voices to dier from each other
[29].
Experts use spectrograms to analyze voices between people.
Spectrograms are visual images of speech sounds that are made
by specialized soware. This process of analysis by looking at
spectrograms is termed acousc analysis. By looking at two
spectrograms from dierent individuals saying the same word,
there will be many dierences seen in both, even though the
word both of them said was the same [30].
If the spectrogram appears brighter, it can be deduced that
there was more sound energy in terms of frequency at that par-
cular me. An increase in sound energy will cause increased
brightness to appear on the spectrogram. Spectrograms can
reveal dierences in how individuals from varying backgrounds
speak the same words of a language. One person saying a word
will not appear exactly as the spectrogram of another individ-
ual saying the same word. The human voice is far too complex,
much like ngerprint and DNA [31].
There are variaons in voice parameters and signals even in
individuals of the same culture, and ethnicity. Children such as
siblings share similar genec markers and the same environ-
mental parameters. Even in these condions with so many simi-
laries, they sll will not share the same cadence of voice [32].
Some features that are part of a roune linguisc analysis
include looking at the voice quality, pitch, and wording as well
as grammar usage, ming, and rhythm of the voice. The level of
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uency is also a parameter that is used by experts during their
analysis. The vowels and consonant sounds made by a person
are also looked at by experts. The accent of the speaker is also
an important feature to look at.
Apart from the use of spectrograms, experts have other
techniques to analyze voice samples as well. Audio pieces of ev-
idence are not submied as such in court hearings. Experts use
two techniques to validate the authencity of the audio clip as
well as the message being delivered in it by two main categories
of forensic mulmedia. These include content authencaon to
conrm the contents of the sample. The other category used is
noise reducon to deliver the message loud and clear and with-
out any doubts about the perceived noons [33].
A court verdict holds tremendous value therefore, many
techniques are applied to deliver the best evidence in terms
of sound that is authenc in nature with minimal background
noise [34].
Analysis Criteria in Forensic Musicology
Publishers and arsts have tradionally turned to the legal
system to seek compensaon from someone they accuse of
prong from the the of one of their original works. A foren-
sic musicologist is typically called in to evaluate the pieces and
provide tesmony on their parallels and dierences. Because of
their capacity to transform unprocessed auditory data into ad-
missible evidence, forensic musicologists have evolved into the
knowledgeable listeners who decide how jurors of fact will tes-
fy both visually and aurally about the songs presented at trial.
While hearing the similaries between two songs is a signicant
component of forensic musicologists' experse, a signicant
poron of their job is visual in nature [35]. One of their main re-
sponsibilies is to take the songs' dierent components such as
speed, rhythm, harmony, etc. and reduce them to their melodic
"ngerprints." The musicologist must next convert the melodies
into visually comparable, 'eye observed' notes on a scale. The
forensic musicologist creates a "knowledge structure" through
which the songs may be understood, experienced, and debated
in addion to making them detectable [36]. Musicology analysis
as like other forensic cases is performed by the eld experts.
These experts have the high knowledge regarding music. Since
the music is so vast therefore the experse are limited to a cer-
tain direcon. Following are the major analysis performed by a
forensic expert to solve or narrow down a certain case in music
[37].
Composion Analysis
When there is a claim of plagiarism in copyright issues but
not involving recording media then composion analysis is per-
formed. Musical structure analysis is performed by the licens-
ing organizaon such as American society of Composers, Au-
thors and Publishers. The case ler has to prove on the basis of
the solid reasons that the defendant has access to a parcular
music and has similarity in rhythm, melody and structure of an
already exisng work. This analysis is usually referred to as com-
parave transcripon where melodies are arranged vercally to
each other with highlighng pitches, rhythms and underlying
chords [38].
To reach the clue whether a defendant has already access to
a parcular music research moves by tracing the lines of history
of radio playbacks, sales gure, or presence of a song in main-
stream media. Similarity determines whether a music is truly
copyrightable as unique, or something pervasive and obvious
in music generally. Similarity in musical work is dened on the
basis of those elements that can be notated and reproduced in
performance through sheet music [39].
Famous case of George Harrison’s “ My sweet lord” verses
Chion’s “ He is so ne” in 1976 is an example of it in which
Harrison was found guilty on the basis of composion structure,
despite the performance style was dierent. He was accused of
using two melodic mofs that were structured in a parcular
way [40,41].
The most basic type of analysis is a comparison transcripon,
in which the several melodies are vercally aligned above one
another and harmonious pitches, rhythms, and chords are high-
lighted. From the middle of the 1800s, this technique has been
used in American infringement acon. Comparave analysis is
frequently accompanied by repertoire research, in which the
musicologist looks into whether Song A's similar musical ele-
ments are unique to it or whether they have appeared in other
works before. Every bogus plagiarism claim may be refuted
using this expanded toolkit [43]. In USA, the copyright protec-
on started in 1831 when sheet music was the only means for
composion establishment in xed form. Composion analysis
requires approach to the notaon since it conates the under-
lying composion and its performance. Level of signicance is
analyzed in composion analysis based on the above discussed
parameters [44].
Recording Analysis
In cases which involve infringement based on recording in a
given context, the technique of recording analysis is performed.
This is employed as the most predominant analysis in forensic
musicology. Unlike composion analysis which shows similar-
ity through reducve approach this involves idencaon and
dierenaon on the basis melody, harmony and digital signals
in exact form in which they were recorded [45]. This approach
requires specic programs and soware which are more related
to audio domain of work. They are more to the domain of en-
gineering than to the music theory. Dierences in the melody
is the rst to be evaluated to verify the similarity between two
music works. The principles under which it works involves the
vocalizaon of both the melody and accompaniment, whether
vocal or instrumental [46]. Waveform signals or spectral analy-
sis is followed by means of soware to give very precise form
of reading based on similarity. These signals are developed by
the soware based on voice frequency. The relave signals for
frequency from both the exemplars are compared and similar-
ity can be detected very precisely [47].
The matching of waveforms, spectral analysis, or other tech-
niques can be used to establish instances of plagiarism that
are overt in recording analysis, such as a literal "sampling" of
a secon of a recording. This allows for a more accurate and
unbiased comparison than using musical notaon by the expert
[48]. The original source of the content ulized in a quesoned
work might be obscured or hidden to escape discovery using
specialist eding or signal processing. Digital eding can make
it possible to seamlessly repeat, remove, or rearrange content
from an original source to create a new "variant" that calls for
the expert to pinpoint how the original version "maps" to its
changed counterpart [2]. Such eding may be done to extract
extremely short but recognizable snippets for use as the sam-
ple materials of a later work or to adapt music to the plot of
a movie or television adversement. If access to the original
mul-track recording is accessible, complete vocal instrumental
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"stems" can be erased and replaced by freshly recorded mate-
rial. Digital eding enables individual porons to be faded or
their mbre altered [49].
Melody in soware is a me ordered sequence of pitches
perceived by the listeners a s single enty. Dierent record-
ings of the same composion by the same arst oen include
unique form of melismac expression, which is improvised sing-
ing of a syllable at dierent note beside the basic and necessary
aspects of the melody [50].
In popular music this melismac technique is followed as im-
provisaon technique. This music does not convey what is be-
ing presented on the music sheet. Compared examples in music
analysis are much more subtle but the basic analysis of melodic
similarity can lead to the analysis conclusion [51].
Case study of recording-based analysis: Not an experimen-
tal case study, but an example of a very high-prole case that
can be found in 2012 when James Foley was murdered. James
Foley was a journalist who was kidnapped by ISIS and then, lat-
er murdered. The gruesome tragedy was also released to the
public via a video where a masked gure can be seen speaking.
Voice analyses by experts around the globe were done in an at-
tempt to idenfy the said murderer [52].
Dierent case studies have been done to improve the e-
cacy of the system and to further understand how the principles
in the eld work. A system with less dependence on the individ-
ual variables from the sample will prove to be ideal and without
fault. At present, there are many factors that dier from case
to case which might aect the objecvity of the expert leading
the case.
Timing Analysis
The beat level, also known as tactus, is the most important
metric level in a hierarchical metrical framework that organizes
musical me. Divergences from the isochronous beat level are
viewed as excepons or unique circumstances in the majority
of western music [53]. Contrarily, non-isochronous metric pat-
terns, also known as addive, aksak, or asymmetric meters, are
frequently found in the rhythms of tradional music from the
Balkans and the Middle East. Such metric systems are built on
asymmetries in the beat levels, which are composed of alternat-
ing long and short beat paerns [36].
Timing analysis being very precise can compare exemplars
at various points throughout the recordings. It works on the
principle that there is no dierence of the ming, and both the
exemplars are digitally recorded. The rhythmic paern and beat
are the basic aspects behind it which shows the ming evalua-
on between the two. Timing dierence can be used to com-
pare popular music recordings [8].
For the comparison of live classical music recordings that
were otherwise dierenated in terms of spaal, dynamic and
mbrel characteriscs DeFrancisco found that ming and unex-
pected incidents can be ulized for analysis. For example, inci-
dents in live music such as cough, breathing sound, unexpected
noises wrong notes etc. can be used for analysis in respect to
ming [54]. It has also been noted that uctuaons, precision
at parcular instant, stretches and compressions in tempo are
all used for ming analysis [55].
Digital eding can be used for tampering of waveform and
spectral analysis by deleng the parcular note signals, re-or-
dering or repeang a specic paern from the original source
to form a new variant. This make them to be undetected by re-
cording analysis. Time compression/ expansion and pitch shi-
ing are the popular types of signal processing techniques used
for such analysis. These are based on the technique known as
phase vocoding [56]. This involve the soware which edit the
pitch of the music without changing the ming, rhythms and
tempo or vice versa. This is employed somemes in making
mash-up recordings. These two processes are linked and some-
mes it requires independent manipulaon of both [57].
Producon Analysis
This analysis works by focusing the means of producon or
distribuon of the recording product aer it has le the studio.
This is a specialized analysis which focuses on the bootlegged
and pirated versions by means of computer forensic technique.
Examinaon of digital metadata can reveal the source and the
means of audio compression used in recording. For example,
to determine the originality of a work not only frequency and
ming is examined but audio compression, le size and meta-
data tags are also brought under consideraon. All variaons
from the product's inially issued version should be noted by
the expert [58].
Right management has become more complicated with the
development of digital media. Many digital audio players are
using digital right management system to limize the number
of devices on which the le can be played so aiming to control
the unlawful music distribuon. Audio watermarking is another
technique for copyright protecon. This involves the use of in-
audible signals that are embedded with the digital audio for-
mat. These signals cannot be copied and can be used to idenfy
the original source of recording despite copying [59]. A "fact"
witness who would merely tesfy that reputable computer
soware for watermark detecon showed the existence or ab-
sence of a watermark, as well as the contents of the watermark
detected by the program, might also be called in if tesmony
based on this sort of evidence is required [49,60].
Percentage Melodic Identy (PIM) Analysis
This method is based on automated alignment and identy
percentage. This method was developed in keeping the view
that complex operaons of similarity can be performed by the
non-sciensts. The automated sequence alignment and per-
cent identy is similar as used in molecular genecs to com-
pare DNA and protein sequences. It was rst used to music
to measure the cultural development of English and Japanese
folk song melodies in a way that could be usefully compared to
both of them and to the development of other genres of music
from around the world [61]. Yet, since the alteraon of copied
melodies is just a further stage in the creaon of music, musi-
cal copyright provides an appropriate applicaon for this tech-
nique. The PMI approach is universal and may be used with dif-
ferent genres of folk and art music from throughout the world
[62]. The PMI method and other melodic sequence alignment
algorithms, areas similar to Judge Learned Hand's comparave
method for determining musical similarity. the PMI approach
like hand starts by harmonizing two melodies wrien in sta
notaon to a single tonic, erasing rhythmic informaon by as-
signing all notes the same value 1, aligning and counng cor-
responding notes, and nally deleng rhythmic informaon.
Although alignments can sll be performed manually, either
from scratch or to correct errors in the automated alignment,
as is also done in molecular genecs, the PMI method can take
advantage of automated sequence alignment algorithms to
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eliminate subjecvity in alignment [63]. This is an automated
aligning system of notes in melody. Once the melodies under
test have been aligned manually or automacally the idencal
notes are then divided by the average length of two melodies.
Result is mulplied by 100 to obtain the percentage similarity.
Ecacy rate of this method is nearly 80% and careful approach
is required to save the results from false posive [64].
PMI= 100 (ID/L1+L2/2)
The PMI method can also be used to establish whether a giv-
en PMI value is stascally signicant above and beyond what
might be predicted by two melodies with comparable scales and
similar stylisc characteriscs. In order to accomplish this, the
PMI value for a given pair of sequences is compared against the
distribuon of 100 random PMI values generated by randomly
rearranging one of the sequences, given the same sequence
lengths and composions. As a result, a signicant P value of
.05. Corresponds to an observed PMI value greater than 95% of
values that were randomly reshued [65].
Methodology of Forensic Musicology
Did there be any copying? should be the rst inquiry in any
music copyright issue and is also the rst queson in forensic
musicology and probably the most crucial. So how can we tell
whether there has been copying? There are extremely few in-
stances in copyright lawsuits when the defendant admits to
copying [66]. Yet, in most cases indeed, in nearly every music
copyright ligaon case in history defendants deny that the
subjecve similarity between the works is the product of plagia-
rism, instead contending that it is the consequence of Indepen-
dent Creavity (IC). then, how might we disnguish between
coincidence similaries and plagiarism using music analysis
[43].
Determining the Similarity Proxy
The Similarity Proxy is based on the noon that the more
similar two things are, the less likely it is that they could have
developed via Independent Creaon. Mathemacally, this
makes sense. The likelihood that a coin will fall on its tails aer
one toss is 0.5 (50%, or one in two). Yet, the likelihood of toss-
ing a coin three mes and geng heads, then tails, and then
heads again is 0.125 (12.5%, or one in eight). However, as music
is a me-based art form, there are many more opons open to
composers between any two successive musical occurrences.
The logical conclusion is that any extremely lengthy tune that
is precisely the same as any previously exisng extremely long
melody is probably proof of plagiarism, especially if the under-
lying harmony is the same. For each addional note in the me-
lodic chain, the possibility that any resemblance across lengthy
melodies may be aributed to Independent Creaon falls ex-
ponenally [67]. Therefore, the study of exponenal funcons
need not be restricted to a parcular linear eld, such as music
Even if such elements are not themselves coverable by copy-
right, any musical arrangement that uses the exact same pa-
rameters as an earlier work in terms of instrumentaon, musi-
cal form, musical key, or tempo, for example, provides stronger
and stronger circumstanal evidence of copying as more simi-
laries are added [39].
Any musical arrangement that uses exactly the same param-
eters as an earlier work in terms of instrumentaon, musical
form, musical key, or tempo, for example, provides stronger
and stronger circumstanal evidence of copying, even if such
elements are not themselves coverable by copyright [68]. The
Similarity Proxy's tenets are intuively understood by musicians
and may even be taken for granted by judges and lay listeners.
This is maybe the reason why a lot of composers get into the
urban legend that a certain minimum number of consecuve
pitches can be reproduced lawfully before the copyright police
show up at your door. Similarity proxy is primary strategy used
by musicologists, courts, and musicians to ght copying has al-
ways been proxy [69].
Excluding Commonplace Elements
Aer determining the degree of similarity, we must strip away
the aspects that are common. According to conversaons with
other forensic musicologists, people have all likely encountered
numerous approaches from hopeful potenal plains who are
convinced that a musical element of their Song A for instance, a
Table 1: The twenty music copyright infringement cases analyzed, ordered by increasing PMI (Percent Melodic Identy). “0”=No infringement,
“1”=Infringement. *P<.01. [42].
No. Case Complaining work Defending work Defending
1Suzane McKinley vs. Collin Raye “I Think About You” “I Think About You” 0
2Ferguson vs. N.B.C. “Jeannie Michele” “Theme ‘A Time To Love’” 0
3Grand Upright vs. Warner “Alone Again (Naturally)” “Alone Again” 1
4Jean et al. vs. Bug Music “Hand Clapping Song” “My Love Is Your Love” 0
5Three Boys Music vs. Michael Bolton “Love Is A Wonderful Thing” “Love Is A Wonderful Thing” 1
6Corill vs. Spears “What You See is What You Get” “What U See is What U Get” 0
7Baxter vs. MCA “Joy” “Theme from ‘E.T.’” 0
8Intersong-USA vs. CBS “Es” “Hey” 0
9Ellis vs. Die “Lay Me Out By The Jukebox When I Die” “Prop Me Up Beside The Jukebox (If I Die)” 0
10 Granite Music vs. United Arsts “Tiny Bubbles” “Hiding The Wine” 0
11 Repp vs. Lloyd-Webber “Till You” “Phantom Song” 0
12 McDonald vs. Mulmedia Entertainment “Proposed Theme Music ‘Sally Jesse Raphael
Show’” “Theme Music ‘Sally Jesse Raphael Show’” 0
13 Benson vs. Coca- Cola “ “Don’t Cha Know” I’d Like To Buy The World A Coke” 0
14 Swirsky vs. Carey “One of Those Love Songs” “Thank God I Found You” 1
15 Bright Tunes Music vs. Harrisongs Music “He’s So Fine” “My Sweet Lord” 1
16 Herald Square Music vs. Living Music “Day By Day” “Theme N.B.C.’s ‘Today Show’” 1
17 Selle vs. Gibb “Let It End” “How Deep Is Your Love” 0
18 Fantasy vs. Fogerty “Run Through The Jungle” “The Old Man Down The Road” 0
19 Louis Gaste vs. Morris Kaiserman “Pour Toi” “Feelings” 1
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chord loop, a drum part, a lyric fragment, and especially a short
melodic fragment has been willfully copied by a later songwrit-
er in the popular hit Song B [43]. In many instances, the client's
viewpoint is fairly honest; they really believe as do many juries
that plagiarism is the only explanaon for the perceived similar-
ies between Song B and Song A. In the majority of these situ-
aons, the invesgaon shows the dissased client that the
idencal parts in issue are common to many works and that no
copyright is required to protect them. Because these iniaves
are frequently without value and because customers are sel-
dom sased by the idea that the analysis has allowed them to
avoid costly and pointless ligaon, several musicologists strive
to avoid taking on such projects [70].
Repertoire Research Prior Art and the IC Hypothesis
Although musicologists are skilled listeners with extensive
library knowledge, we cannot simply say that we think an ele-
ment is common or unique since to do so would be argumen-
tum (the Argument From Authority fallacy [44]). We must pres-
ent proof that the pernent comparable features do, in fact,
occur in other works, ideally but not necessarily works that pre-
date Song A, in order to convince others (such as clients, judges,
juries) that any similarity between Song A and Song B is acci-
dental. the Previous Art Proxy, which holds that the existence
of a musical feature in several works indicates that dierent
composers may have independently developed it. It works best
when applied to brief melodic segments, usually one to four
bars of music [43]. The history of music copyright ligaon in
the USA has been mostly characterized by challenges involving
such slender melodic similaries. Plain has observed that in
certain instances, a poron of their Song A's melody and a por-
on of the defendant's Song B's melody are comparable. These
parallels are nearly never perfect, and the melodic chains are
praccally never longer than four bars [47].
Interviews with a number of acve musicologists and an
examinaon of more than 50 musicologist reports ulized in
ligaon are included in Fishman & Garcia's discussion of the
evoluon of prior art ulizaon in music copyright ligaon. As
they note, "Usually, it was the defendant's expert who iden-
ed the universe of previous art at issue, it is suggested that the
employment of prior art research is a relavely new pracce,
parally movated by the dearth of forensic musicologists in
the area. Contrarily, plain's side experts oen avoided using
parcular previous art references unless they were refung the
other expert's arguments [71].
Limitaons of the Field
Though forensic musicology is emerging at a high rate in
modern era but like other elds it has certain limitaons based
on various aspects. This does not work like a CSI episode where
a single knob turning by an expert leads to a noise free wanted
audio. A number of dierent approaches are adopted and none
of them is a magic. All these approaches have some limitaons
too. Despite it’s occasionally high prole, forensic science has
recently come under intense scruny and deep thinking. One
notable report from the US Naonal Research Council in 2009
that cricized many forensic elds, including audio forensics,
for lacking scienc evaluaon of reliability and error rates is
one such report. Hence, it is crucial that the science behind
forensic invesgaons be founded on undeniably objecve in-
terpretaon rather than purely subjecve judgements, as has
occasionally been the case [72].
Lack of Experts and Contradicon in Analysis by Dierent
Experts
Expert tesmony determines many legal issues including the
authencaon and dierenaon of musical recordings, com-
posions, performance rights and legal determinaon regard-
ing copyright infringement cases. Music related cases date back
to 19th century but no proper legal methodology is in process to
be made. Expert opinion based on subjecve impression or re-
sulng from golden ear syndrome ae pseudoscienc and non-
objecve [73]. Since forensic musicology is an extraordinarily
complex eld and requires a lot of experience in the relevant
eld. A forensic musicologist must have vast knowledge regard-
ing music of every kind. Therefore, the eld has very limited
number of experts [74].
Contradicon arises between the analysis of the single case
by the two experts. Two experts of the same music eld have
dierent opinions on a single case. Since every expert has its
own basis and analysis experience. It oen appears that there is
contradicon between the experts in the analysis by the expert
technique and therefore the results are not accurate and leads
to failure of the case [75].
Signicant Level of Error in the Techniques Used for Analy-
sis
As DNA proling in forensics provides 100% match or no
match between a suspected sample and the reference sample
in a single run of experiment, but in forensic musicology there
is a signicance level of error between the done job. The tech-
niques followed like PMI do not provide the 100% results but
provide with a specic level of analysis. On the other hand,
certain case is not considered done aer a single analysis, an
expert has to perform a lot of analysis to verify the case and go
through the depth of the exemplars under test [76]. Automated
speaker recognion is a new eld and noise reducon through
recent research can improve its working quality. The tonal qual-
ity of the speaking person is aected by this which may migate
against the court agreeing that the person idened is actually
the one talking. The general principle of the court is that every
evidence submied to court should not be modied and it is
dicult to determine how far to take it when preparing sam-
ples or evidences [77]. Besides this many new computed tech-
niques have been developed for the analysis of music but all
have some limitaons which make their use limited in forensic
music analysis.
Acousc ngerprinng in audio forensics involves the inves-
gaon of background noise, acousc reecons, reverbera-
on, and unique characteriscs of the microphone and recod-
ing system that may be heard in the evidence recording [78]. It
is necessary to conduct more research to determine the extent
to which the acouscal environment, the characteriscs of the
recording microphone, and the digital audio-coding algorithms
can be inferred from the stored audio recording because many
common consumer recording devices include automac gain
control and perceptual audio coding/data compression algo-
rithms intended for speech signals [79].
Modern Recording Systems and Tempering Soware
With the modernity in audio recordings complexity is in-
creasing in forensic musicology analysis. Music tampering to
make pirate copies provide loss to the producon companies
and even music the is also carried out to make new music by
using the musical works of others [80]. Technology has inu-
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enced the music in all the ways it is transmied, preserved,
heard, performed and composed [81]. Recording and broadcast
of music is all under its acon. In the popular and Western art
music genre of electroacousc, composers ulize technology to
alter the tones of acousc sounds, oen by integrang acousc
instruments with audio signal processing like reverb or harmo-
nizaon [82].
It rst appeared somewhere in the middle of the 20th cen-
tury, aer the use of electric sound creaon in composing tech-
niques. Sampling is the use and reuse of other music. All elec-
tronic soware uses these sampled pieces of music for creang
new music. Think about the mid-'70s song Ring Precis by Hal
Freedman. A recording of Wagner's full Ring cycle, which con-
tains over 18 hours of music, was randomly divided into three-
minute secons and played all at once by Freedman. Without
a doubt, the resulng sound is unlike anything you have ever
heard, but my interest in Freedman's composional process'
temporal implicaons is greater. In order to construct a new
work out of an old one, he superimposed eighteen hours into
three minutes [83]. Such tempering soware are present which
make it dicult for the experts to nd out the match through
digital forensics. Mashup is a more complex form of music type
where music is collected from not a single source but from mul-
ple sources. Mashups are a type of audio composion that
start with recordings of popular music. These eclecc songs ad-
here to the harmonic and rhythmic rules of popular music while
re-contextualizing musical and cultural preconcepons, doing
away with convenonal genre restricons, and breaking copy-
right regulaons. Mashup arsts use capable and user-friendly
music eding soware to combine songs from the mainstream
charts in very innovave ways, creang works that "...are at
once familiar yet somemes startlingly unusual". Combining
it creates a mashup. Mashup analysis is more complex in such
type of cases [84,85].
Poor Quality of the Sample Under Test
Like any eld, there exist limitaons in forensic musicology.
In the case of speaker recognion, some factors like trace qual-
ity, and the me of the sample speech funcon as variables. The
qualies that are desirable in an ideal system would be perfect
calibraon without dependence on the two factors menoned
above. That is the only way that can lead to the unbiased treat-
ment of every forensic case with standard calibraon [47]. Such
a system will increase the reliability of voice recognion in crim-
inal court hearings and without doubt, this will open the doors
to further applicaons of the system in other elds [86].
The inferior quality of the trace that the experts are required
to work with poses a challenge within itself. Similar sounding
consonant voices are not an easy task to disnguish, especially
with m and n if the band broadness provided by the phone call
data is twice. Trace quality is further reduced as a result of the
background noises [87].
Limited Implementaon of the Field
Since being a recent eld forensic musicology is being ap-
plied in developed countries with high eciency and a number
of cases have been resolved, but when it comes to the devel-
oping and underdeveloped countries there is no scope of such
eld. Even people of such states are not aware with the name
of such eld [88].
Another problem regarding this are the countries like India
and Pakistan where music is on the basis of Raga system. This
is the most complex type of classical music around the world
where your whole composion is based on a raag paern. Each
raga has a specic paern of notes which gives it a specic iden-
ty. This paern is followed while making a composion in that
raga. A single raga can be used by a number of musicians to
make dierent composions and therefore high range of simi-
larity is present in the dierent composions. In the same way
similarity also exists between ragas. As dierent ragas have been
originated from each other and they show similarity. Similar ra-
gas are grouped into same Thats which are major divisions of
ragas [89]. For example, there is quiet similarity when singing a
composion in raag Asaavri and Jaunpuri because both of them
follows similar paern and there is high similarity between the
composions of such ragas. So, it oen becomes dicult for the
experts to idenfy the raga and the type of composion. So, ap-
plicaon of forensic musicology in such areas is of no use [90].
Conclusion
Forensic musicology is a eld that has gained recent popular-
ity and is rapidly becoming the standard way to prove copyright
issues and music infringement cases in court. Analysis may vary,
and the approach of one forensic musicologist might dier from
another forensic musicologist. Some look for the similaries be-
tween the paerns while others look for the dierences.
The dierent applicaons of this eld have resulted in tre-
mendous success in criminal cases over the years. Forensic mu-
sicology has proved to be instrumental as a means of collecng
evidence in cases where physical evidence is nary. Many ransom
calls and kidnapping cases use these experts and their knowl-
edge to provide the inial leads to the invesgaons. Though
the eld has its advantages, it does have its limitaons and for
now, experts have to work within the connes of these limita-
ons but with advancing technology, this eld will also view and
experience remarkable improvements in its development.
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