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You Stole My Song!
12:22 PM GMT 21/07/2010
Recent copyright infringement cases against Led Zeppelin and Men At Work are just the latest in a long line of musical litigation suits, discovers Bill DeMain.
Songwriters steal. It happens all the time.
Bob Dylan's Blowin' In The Wind lifted its tune from a traditional folk song called No More Auction Block. Lennon and McCartney's Here, There And Everywhere, was cut from similar cloth as the Beach Boys' God Only Knows. David Bowie based Fame on a doo-wop tune called Footstompin'.
Of course, most artistic endeavors have a touch of the magpie spirit. But because of its limitations - twelve notes, simple rhythms, and lyrics that deal primarily with matters of the heart - pop songwriting has more shared DNA than any other art form.
But what happens when creative borrowing crosses the line into outright theft? In the 18th century, composers often accused each other of swiping motifs. But then, most of them were freely looting melodies from peasant folk songs. It wasn't until copyright laws were firmly in place in the early 19th century that musical plagiarism landed in court. The first recorded case in the US was in 1831, over a song called The Old Arm Chair. The plaintiff won $100 in damages.
A hundred years later, copyright infringement cases were popping up every week in Tin Pan Alley. Indeed, a disgruntled tunesmith from that era, Ira Arnstein, holds the record for suing songwriters. Arnstein was so paranoid that he once marched outside out of ASCAP, wearing a sandwich board that read, "My songs have been plagiarized by: Irving Berlin, George Gershwin, Cole Porter . . ."
That sandwich board reveals a crucial aspect of these cases. If you're going to sue a songwriter, aim high. Better to go after Sting than Robert Pollard. The thought is that a superstar would rather settle out of court than have his reputation tainted. Plus, the money will be better.
To win a case, you must prove two things. One, that the songs in question have what the law calls "striking similarity." And two, that the defendant had previous access to your song. Not so easy. Of the scores of cases that have made it to trial, only a handful of have been decided in favour of the plaintiff.
Here are six biggies, with links that allow you to play judge and jury:
Defendant: Dazed And Confused
Plaintiff: Dazed And Confused
From Stairway To Heaven to Babe I'm Gonna Leave You, Led Zeppelin's back catalogue is full of borrowed riffs. The debt to American folkie Jake Holmes' 1967 song Dazed And Confused has long been acknowledged, so why is he filing suit now?
Defendant: Down Under
Plaintiff: Kookaburra Sits In The Old Gum Tree
It's only a flute riff that was borrowed in Men At Work's 1983 chart-topper, but it'll cost the Aussie band dearly: 5 per cent of all royalties generated by the song since 2002, plus 5 per cent of future royalties. Flute player Greg Ham said, "We'll face massive legal costs. At the end of the day, I'll end up selling my house."
Defendant: My Sweet Lord
Plaintiff: He's So Fine
George Harrison said his song was inspired by Oh Happy Day by the Edwin Hawkins Singers. Ronnie Mack, who wrote He's So Fine for the Chiffons, believed otherwise. After George paid out a $1 million, the headaches of litigation inspired his 1976 single This Song.
Defendant: Ghostbusters
Plaintiff: I Want A New Drug
Huey Lewis was asked to record a theme song for Ghostbusters, but passed. When Ray Parker, Jr. got the assignment, he pinched a groove and bit of melody from Lewis's then-current hit I Want A New Drug. Lewis sued. Parker lost. In 2001, in an interview for VH-1's Behind The Music, Lewis mentioned the suit, breaking a confidentiality agreement. Parker countersued. The case is still pending.
Defendant: Bittersweet Symphony
Plaintiff: The Last Time
In 1997, notorious manager Allen Klein sued The Verve over their hit Bittersweet Symphony, which sampled instrumentation from The Andrew Loog Oldham Orchestra's arrangement of The Rolling Stones' The Last Time, a recording Klein controlled. He won, then licensed the Verve's master to Nike for millions.
Defendant: Viva La Vida
Plaintiff: If I Could Fly
Chris Martin must wish he never wrote this one. American band Creaky Boards made plagiarism accusations, as did Yusuf Islam, the former Cat Stevens. But only guitarist Joe Satriani filed suit. Coldplay denied knowledge of Satriani's song, and the case was dismissed in 2009, with both parties potentially agreeing to an out-of-court settlement.
So over to you, song sleuths. Any curious similarities you'd care to draw attention to?
Posted by Ross_Bennett at 12:22 PM GMT 21/07/2010
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Comments
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The Jam's "Start!" = The Beatles' "Taxman"
Not that I want to see Weller get dragged into court by the Harrison estate...
Posted by Psychobabble Mike at 1:05 PM GMT 21/07/2010 Report Abuse
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Here There and everywhere, same cloth as God only knows?
Are you deaf?
Posted by Cyril at 1:48 PM GMT 21/07/2010 Report Abuse
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Well allright, the little bit at the end of God only Knows may have something in common with Here There and everywhere's verse's chords structure... But it's pretty thin...
Posted by Cyril at 1:54 PM GMT 21/07/2010 Report Abuse
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Weller has a catalogue of "similarities"...
Try ELO's 10538 Overture and Changingman, So Is The Sun by World Column and Trans Global Express, Hot Rod Popa by Marsha Hunt (written by Marc Bolan) with Uh Huh Oh Yeah - and slightly more genius but close enough to know he'd been "influenced" I've Found That Essence Rare by Gang Of Four and Floorboards Up...
Posted by marc jones at 3:12 PM GMT 21/07/2010 Report Abuse
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RE: marc jones
"genius" = "tenuous" (good old iPod spell checker).
Posted by marc jones at 3:15 PM GMT 21/07/2010 Report Abuse
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Correct me if my memory escapes me but didn't Oasis get into trouble for ripping off one of the Rutles (Neil Innes) songs. Can't remember which one it was.
Posted by Keith at 4:40 PM GMT 21/07/2010 Report Abuse
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RE: Keith It could only happen to Oasis, ripping off a "joke" Beatle band.
Posted by Greg at 5:26 PM GMT 21/07/2010 Report Abuse
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Gangster's Paradise by Coolio is a straight lift of Pastime paradise by Stevie Wonder. I even saw Coolio on a Channel 4 programme talking about how he wrote the song. Its almost a cover version.
Posted by JB at 10:31 PM GMT 21/07/2010 Report Abuse
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RE: JB That is what is known as a sample, are you having trouble understanding that concept? Quite popular with the 'hip-hop' community not really relevant here, go and have a lay down and maybe think before you post next time.
Posted by Sandy NY,NY at 3:51 AM GMT 22/07/2010 Report Abuse
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Didn't Bon Jovi do Belinda Carlisle for Heaven Is A Place On Earth's "striking similarity" to Living On A Prayer?
What about the myriad uses of the rhythmic grove from You Can't Hurry Love?......
Lust For Life by Iggy Pop, A Town Called Malice by The Jam, Are You Gonna Be My Girl by Jet....
Posted by Psodal at 12:51 PM GMT 22/07/2010 Report Abuse
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RE: Cyril
I never understood that either. Same feeling, same year, but totally different songs.
Was also written and recorded before God Only Knows was released.
Posted by K$ at 8:51 PM GMT 22/07/2010 Report Abuse
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David Bowie's "Jean Genie" vs. Sweet's "Blockbuster". Both use the same riff!
Posted by Alexander Meerkat at 12:23 AM GMT 23/07/2010 Report Abuse
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U2's "Bullet The Blue Sky" uses the same identifying opening music as was used on Toyah's "Brave New World" five years earlier; both tracks had a common denominator; Steve Lilywhite at the mixing boards,so they can't say they weren't exposed to Toyah's Top 20 hit;
Iron Maiden's "2 Minutes To Midnight" uses the same identifying opening music as was used on Wayne County & The Electric Chairs' "Out Of Control" from their self titled debut album five years earlier;
both tracks had a common denominator; Martin Birch at the mixing boards,so they can't say no one was familiar with the now historic opening riff;
both Toyah and Wayne County recorded for the UK indie label Safari Records
Posted by Jimi LaLumia at 3:57 AM GMT 23/07/2010 Report Abuse
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RE: Alexander Meerkat
Have a listen to 'la fille du Père-Noël by Jaques Dutronc. Knowing that Bowie translated many French songs into English I can't believe it's pure coincidence that it resembles the "Jean Genie" so much.
Posted by Johan at 1:34 PM GMT 23/07/2010 Report Abuse
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RE: Johan
You are so right about that song. Do check out the live version on You Tube where Dutronc has turned into the French
Mark E. Smith! Great stuff
Posted by Alexander Meerkat at 1:59 PM GMT 23/07/2010 Report Abuse
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RE:
"Lost in your eyes" by Debby Gibson and "The Song is Over" by the Who. Gibson lifted the piano part from the beginning.
Posted by dave at 2:18 PM GMT 23/07/2010 Report Abuse
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How about Peter Frampton's "Do You Feel Like We Do" ripping off Traffic's "Dear Mr. Fantasy" on the the intro?
Posted by therudeone at 4:33 PM GMT 24/07/2010 Report Abuse
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Peter Frampton rips off Traffic's "Dear Mr. Fantasy" on the intro to "Do You Feel Like We Do"
Posted by therudeone at 4:38 PM GMT 24/07/2010 Report Abuse
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Chuck Berry ripped himself off when he stole from School Days to write No Particular Place To Go.
Posted by johnny at 8:07 PM GMT 24/07/2010 Report Abuse
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Here goes one you british never knew: after Rod Stewart first tour in Brazil in the late Seventies he would be back home with Do ya think I'm sexy, which is local songwriter and singer Jorge Ben Jor's Taj Mahal! A vibrant riff!
Posted by Valerio Donato at 8:44 PM GMT 24/07/2010 Report Abuse
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How about Queen's Best Friend with the earlier Jefferson Airplane's My Best Friend? Queen obviously stole the whole song, in fact, it sounds like a cover version till you look at the credits.
Posted by recordman 97 at 11:12 PM GMT 24/07/2010 Report Abuse
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"Eighties" by Killing Joke vs. "Come as you are" by Nirvana.
Did the Joke ever get paid for that obvious rip off?
Posted by Olympia, WA at 6:52 PM GMT 25/07/2010 Report Abuse
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"Eighties" by Killing Joke vs. "Come as you are" by Nirvana.
Did the Joke ever get paid for that obvious rip off?
Posted by Olympia, WA at 6:53 PM GMT 25/07/2010 Report Abuse
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Since my first attempt at posting this topic was mysteriously deleted before I finished I'll make this brief.
Beatles - Run For Your Life uses a line from Baby Let's House.
Chuck Berry - hillbilly tune Ida Red turned up early on in Maybelline. Brian Wilson used his Sweet Little 16 for Surfin' USA.
Led Zep - Boogie With Stu is Ritchie Valen's Oooh My Head Hurts. Spirit's Taurus starts off very similar to Stairway to Heaven, but was first. Willie Dixon songbook, nuff said.
There is a tune by Jonathan Fred and the Playboy Band that is a direct cop of the Animals' Gin House Blues or is it the other way around. Forget the title, but on the CD with a cover of Sometimes You Just Can't Win.
Posted by Harvey at 8:32 PM GMT 25/07/2010 Report Abuse
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Does anybody remember "La La La" by Masiel which defeated Cliff Richard's "Congratulations" many years ago at the Eurovision Song Contest. The chorus melody was like "Death Of A Clown". "The Carnival Is Over " (The Seekers) is Russian "Volga Volga", and "Those Were The Days" (Mary Hopkin) is again Russian "Doroga Dlinnaya" (The Road Is Long)
Posted by Andrzej Sokolowski at 12:12 PM GMT 30/07/2010 Report Abuse
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RE: JB
I think that there is a distinct difference between plagiarism and sampling JB. Coolio never tried to hide the fact that he sampled it. I'm no hip hip afficionado, but sampling is pretty well established in the genre.
Posted by Smudger at 1:28 PM GMT 30/07/2010 Report Abuse
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What about the bassline in JTQ's Blow Up and Deelite's Groove is in the Heart? Not just similar - identical! It might have been an homage though, not sure.
Also Get It On by T Rex and Oasis Cigarettes and Alcohol.
And Chic's Good Times by Wham Rap.
Posted by Anonymous at 1:48 PM GMT 30/07/2010 Report Abuse
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The Coral's 'Dreaming Of You' is remarkably similar to The Supremes' 'My World Is Empty Without You'.
Also, Grandaddy's 'Crystal Lake' has always reminded me of Queen's 'Radio Ga Ga'.
Posted by Alex Briggs at 2:24 PM GMT 30/07/2010 Report Abuse
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OK I am going to go waaayyy back kiddies, Barry Manilow's "Never Want to Fall in Love Again"'s chorus line is a direct rip from an old orchestral piece (Composer's name forgotten by myself) and while I am going for the jugular, the first three notes of Beethoven's Fifth is a rip-off of a BIRD SONG! Well I may be pushing the parameters a bit, so here's a more normal one. Steve Miller's "Keep on Rockin' Me Babe" uses Free's "All Right Now" for it's main riff.
Posted by Rob Gliddon at 3:54 PM GMT 30/07/2010 Report Abuse
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There's a crazy history of Scarborough Fair: It was a traditional folk song that Martin Carthy did a new arrangement of in the early 60s. Simon & Garfunkle's cover was actually Martin's arrangement which lead to problems. Bob Dylan swiped the melody from Martin's arrangement and some lyrics from the traditional version for the Girl from North Country (and then later Dylan reused the music from North Country for his own Boots of Spanish Leather).
What I can't remember or re-find is who it was that got in trouble for recording a cover of Girl from North Country and claiming it was traditional because of how Dylan came about creating the song?
Posted by ScratchDad at 7:17 PM GMT 30/07/2010 Report Abuse
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Buffalo Springfield's For What It's Worth is stolen from two Moby Grape songs: Murder In My Heart For the Judge and Stop (only recently released as a bonus track on a reissue but Stills heard the song back in the day when the bands hung out together). In a BS biography, Stills even admits this and claims he was justified because Moby Grape stole the idea for having 3 guitar players in the same band.
Posted by Conrad at 9:51 PM GMT 30/07/2010 Report Abuse
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I always thought "Monster Mash" by Bobby Boris Picket was ripped off by The Cars when they did "Shake it Up".
I remember a lot of riffs from Small Faces ending up in Zeppelin tunes.
Posted by Gene at 11:34 PM GMT 03/08/2010 Report Abuse
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"Connection" by Electra uses the guitar riff from Wire’s "Three Girl Rhumba"; the opening of REM’s “What's the Frequency, Kenneth?" is ripped from Wire’s "Feeling Called Love".
The main theme from the Residents’ God in Three Person’s is a sped-up organ riff from “Double Shot (Of My Baby's Love)” by The Swingin' Medallions.
Posted by A. Amoeba at 1:58 AM GMT 06/08/2010 Report Abuse
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*slowed-down*
Posted by A. Amoeba at 4:29 AM GMT 06/08/2010 Report Abuse
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You forgot John Fogerty vs. John Fogerty.
Fogerty got sued by his former (Creedence Clearwater Revival) record label, Fantasy Records, for stealing a song made by himself. He got accused of infringing his own (CCR) 1970 hit "Run Through The Jungle" to create his 1985 solo hit "The Old Man Down the Road". Fogerty won (!!!) the case and could finally profit from his '85 hit.
Posted by PeterVanRock at 3:44 PM GMT 17/08/2010 Report Abuse
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Bruce Springsteen's-" My Lucky Day" is very close to Nancy Sinatra's "Another Gay Sunshine Day" check it out !
Posted by ron at 1:46 AM GMT 18/08/2010 Report Abuse
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The Doors' "Hello, I Love You" is an obvious rip-off of The Kinks' "All Day And All Of The Night" (no matter what Robby Krieger says...)
Posted by PeterVanRock at 2:39 PM GMT 18/08/2010 Report Abuse
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Did not John Fogerty win a countersuit against Fantasy records for plagerizing....himself?
Posted by Cajun Mark Gilbeaux at 4:03 PM GMT 20/08/2010 Report Abuse
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