Groban song doesn’t rip off 1977 Icelandic tune

Josh Groban

A publishing company’s expert testimony did not hold up, said a federal appeals court Tuesday, in ruling that a popular Josh Groban song, “You Raise Me Up,” did not violate a 1977 Icelandic song’s copyright.

Hollywood-based Johannsongs-Publishing Ltd., which holds the copyright to the musical composition of the Icelandic song Söknuður, had filed suit against Rolf Lovland, who composed “You Raise Me Up” in 2001, and others charging copyright infringement, according to the ruling by the 9th U.S. Circuit Court of Appeals in San Francisco, which affirms a decision by the U.S. District Court in Pasadena, California.

Mr. Groban popularized the song in 2003, according to the ruling.

In affirming the lower court, the three-judge appeals court panel said the lower court was correct in refusing to admit the publishing company’s expert’s reports, because she did not filter out similarities attributable to prior art, as required, and had correctly admitted the testimony of the defendants’ expert, who had used “reliable principles and methods.”