Martha Stewart scraps disputed theme music. As if she didn't have enough trouble, she's facing a copyright infringement suit over her show's former instrumental theme

By Gary Susman
Updated September 20, 2002 at 04:00 AM EDT

Martha Stewart Living

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Martha Stewart is changing her tune, though she denies she’s under legal pressure to do so. As her TV show ”Martha Stewart Living” begins a new season this week, you won’t be hearing its familiar theme music anymore. A Stewart spokesperson tells the New York Post it was just time for a change, but the old music is the source of a copyright infringement case against Stewart that is due to go to trial soon.

Three-time Emmy-winning composer Edward Dzubak is suing Stewart’s company, Martha Stewart Living Omnimedia, claiming the show swiped one of his tunes without permission, even though he had previously submitted instrumental music to the show for use during Stewart’s homemaking segments. Stewart’s show officially credits the theme to bluesman Keb’ Mo’ and claims in court documents that his tune differs substantially from Dzubak’s, the Post reports.

Dzubak seeks damages and an injunction to bar the company from using his music, which may now be a moot point. A Stewart spokesperson told the Post that the decision to drop the tune from the show was a seasonal change ”completely independent” of the lawsuit. But a legal source tells the Post that the timing is ”very interesting.”

No date has been set for the trial, though that could be the least of Stewart’s legal worries. Congress has turned over to the Justice Department its findings regarding Stewart’s alleged insider trading of ImClone stock, which means she could face criminal prosecution. While the matter is already under investigation by the Justice Department and the Securities and Exchange Commission, she has denied the allegations and has yet to be charged with a crime.

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Martha Stewart Living

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  • In Season
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