Dark Horse vs Joyful Noise

Recently I was asked to consider signing an Amicus brief in support of the “Dark Horse” position in an infringement suit filed by the writers of Flame’s “Joyful Noise.” Newsflash, if it were your song in the test tube you may not want me on the jury. I tend to hear similarities my colleagues don’t. That said I’m concerned that the onslaught of lawsuits of late are threatening the creativity of my community. Still, I want to be thoughtful about each individual case. So let’s take a deeper dive.