Selle v. Gibb
United States Court of Appeals for the Seventh Circuit
741 F.2d 896 (1984)
Ronald Selle (plaintiff) copyrighted a song, 'Let It End,' that was never widely distributed, and later claimed the Bee Gees' (defendants) hit 'How Deep Is Your Love' infringed his copyright; at trial, Selle's musicology expert testified the songs were so similar they couldn't have been created independently, while the Bee Gees presented extensive testimony and a tape documenting their own independent creative process. The jury found for Selle, but the trial judge granted the Bee Gees a new trial (effectively judgment notwithstanding the verdict), finding Selle failed to prove access and that the similarity evidence was inconsistent with the facts; Selle appealed.
Whether a striking similarity between two musical works is sufficient to infer copyright infringement without any proof of reasonable access to the allegedly copied work.