Real-Life Decision Making
As a musicologist, one of your jobs is to testify as an expert witness
in a court of law. The plaintiff is charging the defense with plagiarism.
You have been hired to help prove that the song in question was the work
of the defendant, and not of the plaintiff.
Gerald Eskelin is a musicologist in California. "I am frequently asked
to testify in federal court as an expert witness regarding music plagiarism,"
he says.
"In order to succeed at that, one obviously must present a pleasant and
believable image, must be able to think and write logically and clearly, and
must understand very well how music works."
The defendant is a well-known songwriter. There will be a lot of publicity
for this trial. This will be an excellent way for you to advertise your skills.
If you help prove the defendant's case, other famous songwriters would
be sure to call you if they were in the same situation.
You study the song in question and research the style of the defendant.
You do the same for the style of the plaintiff.
Since both songwriters have written over 20 songs each, you have to pay
attention to the fine details and determine if there is some sort of pattern.
After much research, you decide that the song is similar to the style of
the plaintiff, not the defendant.
However, it is the defendant that wants to hire you to represent him. You
discuss your findings with the lawyer. The lawyer asks that you only state
that this style is similar to the defendant, and not mention that it is more
similar to the plaintiff.
The lawyer wants you to explain to the court your knowledge and expertise
in this matter and then answer the questions correctly, but not go into any
details about the plaintiff.
If the plaintiff's lawyer asks you if the plaintiff could have written
the song, you are supposed to say, yes, he could have, but you have found
that the style is more similar to the defendant.
You have already spent over two weeks researching for the defense. If you
do not agree to take the stand, you will not be paid for your time.
If you do take the stand, you will be paid, and also seen by thousands
of people. You realize that the information you may give may be false if the
plaintiff's lawyer asks the right questions.
What do you do?