The disputes about adoptions in works of art often have a commercial background and find their solutions only in the courtrooms.

One of such court cases is interesting not only because of the stellar cast of participants, but also because it allows to see a number of significant applied issues.

The plaintiff was Albano Carrisi (better known to the Russian audience as Al Bano). According to the plaintiff's position, Michael Jackson’s song “Will you be there” is a plagiarism of Al Bano’s song “I cigni di Balaka”. The judgment was made by the Civil Division of the Court of Milan (Italy) on November 24th, 1999.

Based on the opinions of music experts, the court concluded that in the field of light entertainment music, it is the melody that is the key element of the work. Thanks to the melody, the song becomes popular and recognizable among ordinary listeners.

The court found that the structure of the two melodies was generally identical (except for some details), but it still dismissed Al Bano’s claim. According to the court’s position, unoriginality is inherent not only in Michael Jackson’s song, but also in Al Bano’s one. The main element of both works is a very simple musical datum that is available for everyone. The experts referred to numerous pieces of music written earlier (for example, to the song “Bless You”), which are almost identical to the songs in question. They represent the same sequence of notes and the same rhythm. Based on this, the court concluded that the melody was the same.

The approach taken by the Italian court prompts to think. Who determines the perception of an ordinary listener and based on which criteria? Do the intermediaries in the music market (publishers, producers, etc.) share the same point of view? The apparent simplicity hides complex issues.

In spite of all its controversiality, this approach is noteworthy. It’s not about a simple comparison of two sings. It’s about referring to the musical and cultural context and trying to identify the place of song elements in question in the music history. This view favorably differs from the formalism which many other courts applied when dealing with similar cases.