Music plagiarism

Music plagiarism is the use or close imitation of another author's music while representing it as one's own original work. Plagiarism in music now occurs in two contexts—with a musical idea (that is, a melody or motif) or sampling (taking a portion of one sound recording and reusing it in a different song). For a legal history of the latter see sampling.

Overview

Any music that follows rules of a musical scale is limited by the ability to use a small number of notes. All forms of music can be said to include patterns. Algorithms (or, at the very least, formal sets of rules) have been used to compose music for centuries; the procedures used to plot voice-leading in Western counterpoint, for example, can often be reduced to algorithmic determinacy.

For these reasons, accidental or "unconscious" plagiarism is possible. As well, some artists abandon the stigma of plagiarism altogether. Composer Dmitri Shostakovich perhaps commented sarcastically on the issue of musical plagiarism with his use of "We Wish You a Merry Christmas," an instantly recognizable tune, in his Prelude No. 15 in D Flat, Op. 87.[1] In some instances, it was also erroneously assumed that songs are still in copyright such as "Happy Birthday to You".[2] In 2015, a lawsuit which challenged the copyright, found this was not the case.[3]

Many songs are in public domain. For example, the work of Robert Johnson (1911 – 1938) is public domain in the European Union because Johnson died more than 70 years ago (1938 + 70). Some songs of W.C. Handy (1873 – 1958) are public domain in the USA because they were published before 1922 (e.g. "Memphis Blues"), but they are normally not public domain in the European Union until 2028 (1958 + 70). But the "Rule of the shorter term" (i.e. where copyright law overlaps, the law with the shorter term is upheld) makes them public domain in the states of the European Union.[4]

According to U.S. copyright law, in the absence of a confession, musicians who accuse others of stealing their work must prove "access"—the alleged plagiarizer must have heard the song—and "similarity"—the songs must share unique musical components.[5] though it is difficult to come to a definition of what is "similarity".

Folk tradition

The issue of plagiarism in folk music is problematic as copying and not crediting songs was common. Noted blues author and producer Robert Palmer states "It is the custom, in blues music, for a singer to borrow verses from contemporary sources, both oral and recorded, add his own tune and/or arrangement, and call the song his own".[6] Folklorist Carl Lindahl, refers to these recycling of lyrics in songs as "floating lyrics". He defines it within the folk-music tradition as "lines that have circulated so long in folk communities that tradition-steeped singers call them instantly to mind and rearrange them constantly, and often unconsciously, to suit their personal and community aesthetics".[7] In 2012, when Bob Dylan was questioned over his alleged plagiarism of others music he responded, "It's an old thing – it's part of the tradition. It goes way back."[8] Princeton University professor of American history Sean Wilentz defended Dylan's appropriation of music stating "crediting bits and pieces of another's work is scholarly tradition, not an artistic tradition".[9] In 1998, B.B. King stated on the issue, "I don't think anybody steals anything; all of us borrow."[10]

Musical ideas

Plagiarism is relevant to different musical styles in different ways.

In classical music, software exists that automatically generates music in the style of another composer, using musical analysis of their works. Most notably, David Cope[11] has written a software system called "Experiments in Musical Intelligence" (or "EMI") that is capable of analyzing and generalizing from existing music by a human composer to generate novel musical compositions in the same style. EMI's output is convincing enough to persuade human listeners that its music is human-generated to a high level of competence. For this reason, Cope's work has been said to not produce original music. A different approach is being followed by Melomics, a technology focused on teaching computers the rules of music composition, not the works of previous composers. This technology has opened the way to truly creative computer-composers, like Iamus and Melomics109. The records produced (Iamus' album and 0music) are in the computer's own style, so they cannot be considered a pastiche or plagiarism of previous works.

According to Theodor Adorno's highly controversial view, popular music in general employs extensive plagiarism: variety in the musical material occurs in details whereas genuinely original musical content tends to be sparse when compared to classical or art music.[12] Contradicting this claim is classical music critic Mark Swed of the Los Angeles Times who said that many composers used material from previous composers—for example, "John Williams all but lifted the core idea of his soundtrack score from the Scherzo of Erich Korngold's Symphony in F-sharp Major, written 25 years earlier."[13]

Sampling

Sampling has long been an area of contention from a legal perspective. Early sampling artists simply used portions of other artists' recordings, without permission; once hip hop and other music incorporating samples began to make significant money, the original artists began to take legal action, claiming copyright infringement. Some sampling artists fought back, claiming their samples were fair use (a legal doctrine in the USA that is not universal). International sampling is governed by agreements such as the Berne Convention for the Protection of Literary and Artistic Works and the WIPO Copyright and Performances and Phonograms Treaties Implementation Act.

Today, most major artists obtain prior authorization to use samples, a process known as "clearing," by gaining permission to use the sample and, usually, paying an upfront fee and/or a cut of the royalties to the original artist. Independent musicians, lacking the funds and legal assistance to clear samples, are at a disadvantage unless they seek the services of a professional sample replay company or producer.

Recently, the free culture movement, started mainly by Lawrence Lessig, has prompted many audio works to be licensed under a Creative Commons license that allows for legal sampling of the work provided the resulting work(s) are licensed under the same terms.

Cases

Usually cases of alleged plagiarism are settled out of court, due to the expense of litigation. Most artists try and settle for costs that will be less than defending costs. Since the 1850s federal courts have published fewer than 100 opinions dealing with this issue.[14] The Columbia Law School Library's Music Plagiarism Project provides information on many cases over the decades, with a few dating back to the 19th century.[15]

Successful suits and settlements

  • Solomon Linda, was a South African musician, singer and composer best known as the composer of the song "Mbube", which later became the popular music success "The Lion Sleeps Tonight". Despite the popularity and wide use of the song, Linda died impoverished in 1962 of renal failure. In February 2006, Linda's heirs attained a legal settlement with Abilene Music company, which had the worldwide rights and had licensed the song to Disney. The primary outcomes of the settlement of February 2006 were:
    • The Linda heirs will receive payment for past uses of The Lion Sleeps Tonight and an entitlement to future royalties from its worldwide use.
    • The Lion Sleeps Tonight is acknowledged as derived from Mbube.
    • Solomon Linda is acknowledged as a co-composer of The Lion Sleeps Tonight and will be designated as such in the future.
  • In March 1963, the Beach Boys released "Surfin' U.S.A." When the single was released in 1963, the record listed Brian Wilson as the sole composer although the song was published by Arc Music, Chuck Berry's publisher. Later releases, beginning with Best of The Beach Boys in 1966, listed Chuck Berry as the songwriter. Later releases list both writers although the copyright has always been owned, since 1963, by Arc Music. Under pressure from Berry's publisher, Wilson's father and manager, Murry Wilson, had given the copyright, including Brian Wilson's lyrics, to Arc Music.[16]
  • George Martin's score for the Beatles' "All You Need Is Love" (1967) contained melodies from several songs thought to be public domain, including "In the Mood," written by Joe Garland and Andy Razaf. While the song was in the public domain, the Glenn Miller arrangement used was not and EMI made a royalty payment to KPM Publishing in July 1967.[17]
  • John Lennon's use of a line from Chuck Berry's "You Can't Catch Me" ("Here come up flat top / He was movin' up with me/")[18] the 1969 Beatles' song "Come Together" ("Here comes ol' flat-top / He come groovin' up slowly") led to a lawsuit from Berry's publisher, Big Seven Music Corp. In 1973, a settlement was reached whereby Lennon agreed to record three of Big Seven's songs on his next album. Big Seven Music Corp. again sued Lennon for breach of contract, when his 1974 album, Walls and Bridges, failed to contain all three of the songs, with the court awarding the company US$6,795.[19]
  • George Harrison was successfully sued in a prolonged suit that began in 1971 for plagiarizing The Chiffons' "He's So Fine" (1963) for the melody of his own "My Sweet Lord" (1970).[20] In the ruling, the judge stated that he believed Harrison had not intentionally copied the song, but more than likely experienced an episode of cryptomnesia.[21]
  • In 1971, Johnny Cash paid songwriter Gordon Jenkins an out-of-court settlement of US$75,000 for plagiarizing liberally from Jenkins' 1953 song "Crescent City Blues," for Cash's 1955 single "Folsom Prison Blues" (re-released in 1968).[22][23]
  • On Led Zeppelin's album Led Zeppelin II (1969), parts of the song "Bring It On Home" were copied from Sonny Boy Williamson's 1963 recording of "Bring It On Home," written by Willie Dixon. On the same album, "The Lemon Song" included an adaptation of Howlin' Wolf's "Killing Floor." In 1972, Arc Music, the publishing arm of Chess Records, brought a lawsuit against Led Zeppelin for copyright infringement over "Bring It On Home" and "The Lemon Song"; the case was settled out of court for an undisclosed sum.
  • Led Zeppelin's song "Whole Lotta Love" contained lyrics that were derivative of Willie Dixon's 1962 song "You Need Love." In 1985, Dixon filed a copyright infringement suit, resulting in an out-of-court settlement. Later pressings of Led Zeppelin II credit Dixon as co-writer.[24]
  • Led Zeppelin also paid a settlement to the publisher of Ritchie Valens' song "Ooh! My Head" over "Boogie with Stu" (from their album Physical Graffiti) which borrowed from Valens' song.[25]
  • Rod Stewart was successfully sued by Brazilian songwriter Jorge Ben Jor, over "Da Ya Think I'm Sexy?" melody and chorus similarities to Ben's 1972 song "Taj Mahal".[26]
  • In autumn 1984 and throughout 1985, Huey Lewis sued Ray Parker, Jr., for plagiarism, alleging that Parker stole the melody of the song "Ghostbusters" (the theme from the movie of the same name), from Lewis's 1983 song "I Want A New Drug." Lewis dropped the lawsuit after the two parties settled out-of-court in 1995. Lewis had been approached to compose the main theme song for the Ghostbusters movie, but had declined due to his work on the soundtrack for Back to the Future. It was reported in 2001 that Lewis allegedly breached an agreement not to mention the original suit, doing so on VH1's Behind the Music.[27]
  • According to the book Sharp Dressed Men by former ZZ Top stage manager David Blayney, who was with the band for 15 years, sound engineer Linden Hudson co-wrote much of the material on the ZZ Top album Eliminator album as a live-in high-tech music teacher to band members Frank Beard and Billy Gibbons. Despite continued denials by the band, it settled a five-year legal battle with Hudson in 1986, paying him $600,000 after he proved he held the copyright to the song "Thug" which appeared on Eliminator.[28]
  • Due to similarities to "The Air That I Breathe", a song recorded by The Hollies in 1973, Radiohead were successfully sued for plagiarism over their 1992 song "Creep". Consequently, songwriters Albert Hammond and Mike Hazlewood are credited as co-writers.[29][30]
  • Oasis's 1994 single "Whatever" was initially credited as being written by the band's lead guitarist Noel Gallagher; a subsequent lawsuit awarded a co-writing credit to musical comedian Neil Innes due to similarities to his song "How Sweet to Be an Idiot." Oasis were also successfully sued for $500,000 by The New Seekers after the 1994 song "Shakermaker" was alleged to have taken its melody from "I'd Like to Teach the World to Sing". An Oasis song "Step Out," was originally intended for the (What's the Story) Morning Glory? album but was taken off after Stevie Wonder requested 10% of the royalties, as the chorus bore a similarity to his hit "Uptight (Everything's Alright)." Instead it was placed as a B-side on their 1996 single "Don't Look Back in Anger," and "Uptight" writers Wonder, Henry Cosby and Sylvia Moy received credit for writing the song, along with Noel Gallagher.
  • In 2000, a U.S. Court of Appeals ruled against the Rolling Stones' former record company ABKCO Records, determining that two Robert Johnson songs recorded by the group, "Love in Vain" and "Stop Breaking Down" were not in the public domain.[31][32]
  • In 2005, Belgian songwriter Salvatore Acquaviva won a judgement against Madonna, claiming that her 1998 hit "Frozen" had been lifted from his early-1980s song, "Ma Vie Fout le camp." The judge declined to award damages, but did order the withdrawal of all remaining discs for sale and barred the song from airplay on Belgian TV and radio.[33] See Frozen (Madonna song): Plagiarism.
  • In early 2006, the writers of Lee Hyori's song "Get Ya" were accused of plagiarizing Britney Spears' 2005 song "Do Somethin'." This eventually led Lee Hyori to stop promoting the song and contributed to the failure of the song and its album, Dark Angel.
  • In early 2007, Timbaland was alleged to have plagiarized several elements (both motifs and samples) in the songs "Acidjazzed Evening" by Janne Suni, and "Do It" on the 2006 album Loose by Nelly Furtado without giving credit or compensation.
  • American musician Les Paul was successfully sued for plagiarizing Romanian composer Richard Stein's "Sanie cu zurgălăi" (1937) as "Johnny (Is the Boy for Me)" (1953).[34]
  • A lawsuit filed by Tommy Dunbar and James Gangwer of the 1970s power pop band the Rubinoos alleged Avril Lavigne stole their song "I Wanna Be Your Boyfriend" and reworked it into her best-selling single "Girlfriend." The case was settled for an undisclosed sum in January 2008.[35]
  • The Black Eyed Peas were successfully sued by Ohio disc jockey Lynn Tolliver, claiming that his song "I Need a Freak" was sampled without his permission in the Black Eyed Peas song "My Humps." Lynn Tolliver won $1.2 million.[36]
  • In 2009, Norman Lurie, then the head of Larrikin Music, successfully sued the members of the disbanded Australian group Men at Work on the basis that "a pattern of notes in five bars of a 93-bar song"[37] in their hit "Down Under" sounded too much like the song "Kookaburra sits in the old gum tree," to which Larrikin owned the rights.
  • Led Zeppelin's song "Dazed and Confused" was derived from a 1967 Jake Holmes song of the same name, which had been performed by Jimmy Page when he was with The Yardbirds.[38][39] In June 2010, Holmes filed a lawsuit against the guitarist for copyright infringement in a United States District Court, claiming Page knowingly copied his work.[40] The case was dismissed with prejudice in January 2012 following a stipulation filed by both parties.[41] The 2012 Led Zeppelin release Celebration Day credits the song to "Jimmy Page, inspired by Jake Holmes".
  • Will.i.am and Chris Brown were accused of stealing house producers Mat Zo and Arty track "Rebound", upon the release of their 2013 collaborative single "Let's Go". This claim was backed by Anjunabeats, the record label behind the producers, in a formal public statement.[42] Will.i.am admitted that he did take the track, following an outcry on social media, and that he was rectifying the issue in an undisclosed licensing deal with the producers.[43]
  • Shakira's Spanish-language single "Loca" was ruled a copy from another songwriter's work. On 19 August 2014, Alvin Hellerstein, senior judge of the U.S. District Court for the Southern District of New York, concluded that the Spanish version of "Loca" had been plagiarised from "Loca con su Tiguere", a mid-1990s song composed by Dominican songwriter Ramon "Arias" Vasquez. Hellerstein ruled in favour of Vasquez and found the two songs to be similar in structure and rhythm. As the Spanish version of "Loca" features Bello singing numerous portions, the judge reasoned that it too was plagiarised from Vasquez's song.[44] After a trial phase, SonyATV Latin and Sony/ATV Discos (the distributors of the Spanish version of "Loca" in the United States) will pay damages to Mayimba Music, the owner of the rights to Vasquez's song and the plaintiff in the lawsuit.[45]
  • Robin Thicke and Pharrell Williams were successfully sued for plagiarising Marvin Gaye's song "Got to Give It Up" for his single "Blurred Lines", and "After the Dance" for "Love After War", following a unanimous jury verdict on 10 March 2015.[46] Marvin Gaye's children, Frankie Gaye and Nona Gaye, launched legal proceedings against EMI Records and Thicke in October 2013.[47] In a separate allegation, Bridgeport Music claims "Blurred Lines" was remarkably similar to Funkadelic's "Sexy Ways". Both Thicke and Pharrell attempted to thwart the Gaye and Bridgeport lawsuits by claiming their copyright claims were invalid.[48] Thicke and Pharrell were ordered to pay US$7.4 million in damages to the Gaye estate.[49]
  • In April 2015, British producer Mark Ronson was forced to add additional credits to "Uptown Funk" (featuring Bruno Mars) after an out-of-court settlement had been reached with The Gap Band's publishing company, Minder Music. Charlie Wilson, Robert Wilson, Ronnie Wilson, Rudolph Taylor and producer Lonnie Simmons were added as co-writers, and that they would receive a 17% songwriting credit each.[50] Minder Music filed a claim into YouTube's content management system, which prevented publishers to receive their payment, after the song was released failing to credit the original songwriters.[51][52]

Unsuccessful suits

  • The song "Thunderbird" was originally written and performed by the Nightcaps, a band formed in the 1950s when the members were teenagers. The Nightcaps performed the song and distributed it on their album Wine, Wine, Wine but never applied for copyright. ZZ Top began performing its version of the song in 1975, and has conceded that its version is lyrically and musically identical to the Nightcaps' song. The Nightcaps sued ZZ Top for, among other things, copyright infringement, but their claims were dismissed (in 1995) because, in part, ZZ Top had registered a copyright on the song in 1975.[58]
  • In 2003 Michael Cottrill and Lawrence E. Wnukowski claimed that Britney Spears’ "Can’t Make You Love Me," from her 2000 album Oops!... I Did It Again, misappropriated substantial melodic material from their song "What You See is What You Get". The court was skeptical on the question of defendant's access to the plaintiff's work.[59]
  • Ronald H. Selle sued the Bee Gees, alleging their 1977 hit "How Deep Is Your Love" stole the melody of his own never-released 1975 song, "Let It End." The Bee Gees prevailed at trial on motion of judgment notwithstanding the verdict. Selle appealed, but the Seventh Circuit Court of Appeals upheld the verdict.[60]
  • On 4 December 2008 guitarist Joe Satriani filed a copyright infringement suit in Los Angeles federal court against Coldplay, claiming the Coldplay song "Viva la Vida" includes "substantial original portions" of the Satriani song "If I Could Fly" from his 2004 album, Is There Love in Space?. Coldplay has denied the allegation,[61][61] which has resulted in further legal action from Satriani.[62][63] On 14 September 2009, the case was dismissed by the California Central District Court, with both parties potentially agreeing to an out-of-court settlement.[64]
  • Baltimore songwriter Ray Repp sued composer Andrew Lloyd Webber, alleging the theme song from the musical The Phantom of the Opera was taken from his song "Till You." In 1998, a jury found Webber not liable for plagiarism.[65]
  • Elton John, Bernie Taupin, and Big Pig Music, have been accused of plagiarism by South African photographer and songwriter Guy Hobbs. Hobbs wrote a song in 1982 entitled "Natasha," about a Russian waitress on a cruise ship, who was never allowed to leave it. The song was copyrighted in 1983, and sent to Big Pig Music (John's publisher) for a possible publishing deal, but Guy never heard back from the publisher. In 2001, Guy came across the lyric book to "Nikita" and noticed similarities with his song. Despite repeated attempts by Guy to contact John over the issue, he never heard from him, and commenced legal action in 2012.[66][67] On 31 October 2012, a federal judge granted John and Taupin's motion to dismiss, finding that the song did not infringe Hobbs's copyright because the only similar elements were generic images and themes that are not protected under copyright law.[68][69]
  • Braham v Sony Music Publishing.[70] R&B singer Jesse Braham sued Taylor Swift for $42 million. He alleged that Swift had plagiarized his song 'Haters gone hate' in her 2014 hit "Shake It Off". Court dismissed the action, holding that the plaintiff had failed to establish a sufficient claim.

Unsettled, alleged, and forgiven incidents

The following are accusations of plagiarism appearing in notable media:

The truth is, I seriously doubt that there is any negative intent there. And a lot of rock & roll songs sound alike. Ask Chuck Berry. The Strokes took "American Girl" [for their song "Last Nite"], and I saw an interview with them where they actually admitted it. That made me laugh out loud. I was like, "OK, good for you." It doesn’t bother me.[92]

  • Søren Rasted (formerly of Aqua) has been accused of copying Kate Bush's "Running Up that Hill" for a song composed for the winner of the X Factor Denmark contest.[93]
  • Korean pop artist G-Dragon has been accused of plagiarism by Sony Music, as his tracks "Heartbreaker" and "Butterfly" are similar to Flo Rida's "Right Round" and Oasis's "She's Electric", respectively.[94][95]
  • iTunes has found cases of musical plagiarism using software that automatically identifies a CD's track information when it's loaded, most notably the many instances with pianist Joyce Hatto.[96]
  • The Black Eyed Peas were charged in January 2010 by Ebony Latrice Batts (known on stage as Phoenix Phenom), claiming that "Boom Boom Pow" is just a copy of her song "Boom Dynamite," which she sent to Interscope Records, the Black Eyed Peas' record label. The suit is ongoing.[97]
  • Stefani Joanne Angelina Germanotta, better known by her stage name Lady Gaga, garnered much controversy in 2011 for her single Born this Way, which critics accused of sharing strong similarities with Madonna's 1989 hit single "Express Yourself". When interviewed by ABC News in 2012, Madonna was asked about the similarities between "Born This Way" and "Express Yourself", stating: "When I heard Born this Way on the radio ... I said, 'that sounds very familiar' ... It felt reductive." She also came to report to The Newsweek Daily Beast Company what she had in mind when she heard "Born This Way": "I thought, 'What a wonderful way to redo my song'. I mean, I recognised the chord changes. I thought it was… interesting."[98]
  • Australian singer Delta Goodrem has been accused of copying the music of Arcade Fire's 2005 song "Rebellion (Lies)" for her own 2012 single "Sitting on Top of the World".[99]
  • The Beastie Boys were sued in May 2012 by Hip Hop label Tuf America, over misappropriation and infringing copyright for "Hold It, Now Hit It" and "The New Style" from Licensed to Ill, allegedly using portions of Trouble Funk's 1982 song "Drop the Bomb." In addition, the Beastie Boys were also sued for using the "Drop the Bomb" drum sound in Paul's Boutique track "Car Thief" and sampling Trouble Funk's 1982 song "Say What?" for another Paul's Boutique track entitled "Shadrach", without permission.[100]
  • Madonna has been accused of plagiarism by record label Vallejo Music Group (VMG).[101] VMG claims Madonna stole samples from the 1977 single "Ooh I Love It (Love Break)" by Salsoul Orchestra, for her 1990 charting song "Vogue". In the lawsuit, VMG allege that horns and strings were taken from the earlier track and used in "Vogue" without permission, and intentionally hidden within the mix.[102] The lawsuit was filed in July 2012 with the company seeking damages in addition to royalties gained from "Vogue".[103]
  • Def Leppard is considering legal action against One Direction, over claims the boy band's single "Midnight Memories" sounds similar to "Pour Some Sugar on Me."[104][105] In September 2014, some observers noticed similarities between One Direction's song "Steal My Girl" and the piano melody of Journey's 1983 song "Faithfully."[106][107]
  • Meghan Trainor has been accused of lifting the melody from a 2006 song called "Happy Mode" by the Korean pop band Koyote, for her single "All About That Bass". Songwriter Joo Young Hoon has said he is consulting with a specialized lawyer.[108][109]
  • Following the "Blurred Lines" plagiarism verdict, members of Marvin Gaye's family noted similarities between Pharrell Williams' award-winning hit single "Happy" and Gaye's song "Ain't That Peculiar", written by Smokey Robinson and fellow Miracles.[110][111]
  • In 2015, the web page of the Australian music TV channel MAX published an article by music writer Nathan Jolly that noted similarities between Guns N' Roses' song "Sweet Child o' Mine" and the song "Unpublished Critics" by the Australian band Australian Crawl, from 1981.[112] The article posted videos of both songs, inviting readers to compare the two. It also cited a reader's comment on an earlier article[113] that had originally drawn attention to the similarities between the songs. The story went "viral"[114] quickly, encouraging several comments on both the MAX article and the suggestion that the Australian song had influenced "Sweet Child o' Mine".[115][116]
  • In July 2015, a lawsuit was launched against Rod Stewart by the heirs of blues singer Armenter "Bo Carter" Chatmon alleging that "Corrina, Corrina", a track on Stewart's 2013 release Time, plagiarizes Chatmon's "Corrine, Corrina", which he wrote in 1928.[117]
  • In November 2015, R&B musician Jesse Braham commenced a lawsuit against singer Taylor Swift over the similarities in lyrics between his 2013 single "Hater Gonna Hate" and Swift's 2014 hit "Shake It Off".[118] Braham is seeking a writing credit and $42 million in damages.[119]
  • On 9 June 2016, it was revealed that English singer Ed Sheeran was being sued by songwriters Martin Harrington and Thomas Leonard, composers of Matt Cardle's 2011 single "Amazing", for $20 million for copyright infringement over Sheeran's 2015 single "Photograph". The lawsuit states: "Given the striking similarity between the chorus of 'Amazing' and 'Photograph', (the) defendants knew when writing, publishing, recording, releasing, and distributing 'Photograph' that they were infringing on a pre-existing musical composition."[120]
  • The Led Zeppelin song "Black Mountain Side" sounds similar to Bert Jansch's version of the traditional folk song "Down by Blackwaterside". No legal action was ever taken against Led Zeppelin, because it could not be proved that the recording in itself constituted Jansch's own copyright, as the basic melody is traditional.[121]
  • A number of people have put forth the opinion that the introduction, and opening guitar arpeggios, of Led Zeppelin's "Stairway to Heaven" bears a close resemblance to the 1968 instrumental "Taurus" by the group Spirit.[122] In May 2014 an attorney hired by Randy California's estate announced plans to file a copyright infringement suit that will seek a co-writing credit for California on "Stairway to Heaven." [123][124] A Los Angeles jury ruled in favor of Led Zeppelin in June 2016.[125]
  • Reviews of the song "Since I've Been Loving You" by Led Zeppelin (from their Led Zeppelin III album) have noted its similarity to the Moby Grape song "Never".[126][127] No legal action is known to have been taken.
  • Indian Music composer Gopi Sunder's song "Nam Ooru Bengaluru" used in the Bangalore Days (2014) is exactly the same as the single of Bryan Adams.'s Summer of '69 . In 2016 he used "Take you down" or song #20, from Daniel Pemberton's score for the Guy Ritchie movie "The man from U.N.C.L.E (2015)" in a movie trailer of Kali (2016) .
  • The copyright status of "We Shall Overcome" has been disputed. A lawsuit argues that the song is in the public domain, as it stemmed from an earlier tune "We Will Overcome".[128]
  • Singer-songwriter Richard Morrill is suing singer Gwen Stefani, her company Harajuku Lovers, Pharrell Williams and Interscope Records, claiming their single "Spark the Fire" infringes on his rights in a 1996 song he wrote called "Who's Got My Lightah."[129]

See also

References

  1. ↑ "Wolfgang Amadeus Copycat". Slate.
  2. ↑ "'Happy Birthday' and the Money It Makes". The New York Times. 26 December 1989. Retrieved 16 April 2015.
  3. ↑ Mai-Duc, Christine (September 22, 2015). "'Happy Birthday' Song Copyright Is Not Valid, Judge Rules". Los Angeles Times. Retrieved September 29, 2015.
  4. ↑ Bicocchi, Matteo (2014). "Public Domain Blues Songs". Retrieved September 29, 2015.
  5. ↑ Conner-Simons, Adam (2014). "Picking Up What They're Laying Down". Gelf magazine. Retrieved 23 November 2008.
  6. ↑ Susan Fast (2001). In the Houses of the Holy: Led Zeppelin and the Power of Rock Music. p. 210. ISBN 0-19-511756-5.
  7. ↑ Carl Lindahl, "Thrills and Miracles: Legends of Lloyd Chandler", Journal of Folklore Research, Bloomington: May–December 2004, Vol. 41, Issue 2/3, pp. 133–72.
  8. ↑ "Bob Dylan Strikes Back at Critics: Addresses plagiarism charges for the first time". Rolling Stone. 12 September 2012. Retrieved 14 October 2012.
  9. ↑ "Bob Dylan says plagiarism charges made by "wussies and pussies"". Reuters. 12 September 2012. Retrieved 14 October 2012.
  10. ↑ Newman, Richard (1998). African American Quotations. Oryx Press. pp. 98. ISBN 1-573-56118-5
  11. ↑ Cope, David (2006). "Computer Models of Musical Creativity". Cambridge, MA: MIT Press.
  12. ↑ Adorno, Theodor W. "On popular music". soundscapes.info.
  13. ↑ Swed, Mark (2015-03-14). "'Blurred Lines' verdict would rock Amadeus and other great composers". Los Angeles Times. Los Angeles: Tribune Co. ISSN 0458-3035. Retrieved 14 May 2015. Mark Swed
  14. ↑ "UCLA Law Copyright Infringement Project". UCLA School of Law. Archived from the original on 1 November 2008. Retrieved 23 November 2008.
  15. ↑ "Music Copyright Infringement Resource". Retrieved 2012-09-05.
  16. ↑ Pegg, Bruce. Brown Eyed Handsome Man (2002): 162–163
  17. ↑ Lewisohn, Mark. The Beatles: Recording Sessions (1988): 120
  18. ↑ "Chuck Berry - You Can't Catch Me Lyrics - MetroLyrics". metrolyrics.com.
  19. ↑ Self, Joseph C. (1992). "Lennon vs. Levy – The 'Roots' Lawsuit". abbeyrd.net. Archived from the original on 3 July 2009. Retrieved 25 February 2011.
  20. ↑ Self, Joseph C. (1993). "The "My Sweet Lord"/"He's So Fine" Plagiarism Suit". The 910. Archived from the original on 21 December 2008. Retrieved 23 November 2008.
  21. ↑ The "My Sweet Lord"/"He's So Fine" Plagiarism Suit Archived 21 December 2008 at the Wayback Machine.
  22. ↑ Jenkins, Bruce (2005). Goodbye: In Search of Gordon Jenkins. Frog Books. p. 191. ISBN 978-1-58394-126-3. Retrieved 9 May 2012.
  23. ↑ Streissguth, Michael. Johnny Cash at Folsom Prison: The Making of a Masterpiece (Da Capo Press, 2004): 21
  24. ↑ Goldstein, Patrick. "Whole Lotta Litigation". Los Angeles Times, 3 February 1985: N72
  25. ↑ Lehmer, Larry. The Day the Music Died: The Last Tour of Buddy Holly, the Big Bopper and Ritchie Valens (2004): 166
  26. ↑ "Brazil's alchemist of funk - Tropical superstar Jorge Ben Jor brings the funk to Germany". Expatica. Retrieved 8 November 2013.
  27. ↑ "Archived copy". Archived from the original on 13 June 2009. Retrieved 2009-08-11.
  28. ↑ Blayney, David (1994). Sharp Dressed Men. New York: Hyperion. pp. 196–202. ISBN 0-7868-8005-8
  29. ↑ "Song info: 'Creep' Archived 11 October 2012 at the Wayback Machine.", AlbertHammond.com.
  30. ↑ Wardle, Ben. "Get off Coldplay's case – similar songs can co-exist peacefully". Guardian.co.uk. 12 May 2009. Retrieved on 21 April 2013.
  31. ↑ http://www.variety.com/article/VR1117783132/?refcatid=16 Variety "Court rules Stones stole from Johnson" 27 June 2000
  32. ↑ "Archived copy". Archived from the original on 17 May 2010. Retrieved 2013-01-10. ABKCO Music, Inc. versus Stephen Lavere & Delta Haze (2000)
  33. ↑ "No ray of light for Madonna in song plagiarism case". Sydney Morning Herald. 20 November 2005. Retrieved 23 November 2008.
  34. ↑ Nicoleanu, Anca (22 February 2007). "Zici că n-ai plagiat şi, gata, ai scăpat" (in Romanian). Archived from the original on 4 June 2009. Retrieved 19 June 2009.
  35. ↑ Luscombe, Richard (7 July 2007). "Canadian rocker stung by claims of plagiarism". The Guardian. London. Retrieved 23 November 2008.
  36. ↑ "Former Cleveland DJ Lynn Tolliver wins $1.2 million in music sample suit". cleveland.com.
  37. ↑ "The biggest hit". The Sydney Morning Herald.
  38. ↑ Fast, Susan. "Dazed and Confused". In the Houses of the Holy: Led Zeppelin and the Power of Rock Music, p. 21. Oxford, 2001. ISBN 0-19-511756-5
  39. ↑ Matt Resnicoff, Matt. "In Through the Out Door: Jimmy Page Goes Back to Led Zeppelin" Musician November 1990: 62
  40. ↑ Led Zeppelin sued by folk singer for alleged plagiarism. New York Post. Retrieved 6 July 2010.
  41. ↑ "ORDER DISMISSING ACTION WITH PREJUDICE by Judge Dolly M for Jake Holmes v. James Patrick Page et al :: Justia Dockets & Filings". Justia Dockets & Filings.
  42. ↑ "Will.i.am Rips Off Arty & Mat Zo's 'Rebound' for Latest Single". TranceFixxed. 17 April 2013. Retrieved 18 September 2014.
  43. ↑ Staff Reporter (23 April 2013). "Will.i.am Admits To Stealing Song: Did Chris Brown Throw The 'Scream And Shout' Artists Under The Bus?". iDesignTimes. Retrieved 18 September 2014.
  44. ↑ Fox News Latino (20 August 2014). "Judge: Shakira's Hit Song 'Loca' Ripped Off From Dominican Songerwriter's Work". FOX News Network. Retrieved 18 September 2014.
  45. ↑ Gardner, Eriq (20 August 2014). "Shakira's Illegally Copied Song Puts Sony on Hook for Damages". The Hollywood Reporter. Prometheus Global Media. Retrieved 18 September 2014.
  46. ↑ Gardner, Eriq (10 March 2015). "'Blurred Lines' jury orders Robin Thicke and Pharrell Williams to pay $7.4 million". The Hollywood Reporter. Retrieved 10 March 2015.
  47. ↑ Gardner, Eriq (30 October 2013). "Marvin Gaye's Family Sues EMI Over Robin Thicke's 'Blurred Lines'". Billboard. Retrieved 1 November 2013.
  48. ↑ Gardner, Eriq (15 August 2013). "Robin Thicke Sues to Protect 'Blurred Lines' from Marvin Gaye's Family". The Hollywood Reporter. Retrieved 1 November 2013.
  49. ↑ Kim, Victoria (10 March 2015). "Jurors hit Robin Thicke and Pharrell Williams with $7.4-million verdict". Los Angeles Times. Retrieved 10 March 2015.
  50. ↑ Christman, Ed (1 May 2015). "Inside the New Royalty Split for 'Uptown Funk': Who Gets Paid What". Billboard. Prometheus Global Media. Retrieved 14 May 2015.
  51. ↑ Breihan, Tom (30 April 2015). "The Gap Band Awarded Writing Credit On "Uptown Funk!"". Stereogum. SpinMedia. Retrieved 30 April 2015.
  52. ↑ Ed Christman (1 May 2015). "'Uptown Funk!' Gains More Writers After Gap Band's Legal Claim". Billboard. Prometheus Global Media. Retrieved 14 May 2015.
  53. ↑ Rosen, Gary (22 January 2013). "Plagiarized or original: A playlist for the contested music of Ira B. Arnstein". OUPblog. Oxford University Press. Retrieved 22 January 2013.
  54. ↑ "Smart Licensing Publication -". musicreports.com.
  55. ↑ https://www.thenation.com/article/professional-victim-ira-b-arnstein/
  56. ↑ "Fantasy v. Fogerty". Archived from the original on 15 May 2010. Retrieved 2010-02-03.
  57. ↑ "Interview with Killing Joke's Geordie". BBC Manchester. 2003. Retrieved 2008-01-07.
  58. ↑ Robert Wilonsky (22 October 2006). "Case dismissed". dallasobserver.com.
  59. ↑ "Cottrill v. Spears, No. 02 – 3646, 2003 U.S. Dist. LEXIS 8823". (E.D. Pa. 22 May 2003). Archived from the original on 14 February 2008. Retrieved 23 November 2008. Check date values in: |date= (help)
  60. ↑ "Ronald H. Selle, Plaintiff-appellant, v. Barry Gibb, et al., Defendants-appellants,andronald H. Selle, Plaintiff-appellee, v. Barry Gibb, et al., Defendants-appellants, 741 F.2d 896 (7th Cir. 1984)". Justia Law.
  61. 1 2 http://www.coldplay.com/newsdetail.php?id=242, retrieved 10 December 2008.
  62. ↑ "Guitarist Satriani sues Coldplay". BBC News. 5 December 2008. Retrieved 19 May 2010.
  63. ↑ Coldplay Sued By Joe Satriani For Allegedly Plagiarizing 'Viva La Vida' Melody » Archived 26 July 2012 at the Wayback Machine., peoplestar.co.uk, Retrieved on 2008-12-06.
  64. ↑ "Coldplay's Joe Satriani lawsuit dismissed from court". NME. 15 September 2009.
  65. ↑ "Lloyd Webber wins Phantom battle". BBC News. 16 December 1998.
  66. ↑ Voelker, Daniel (26 April 2012). "Guy Hobbs (Plaintiff) versus Sir Elton Hercules John, Bernard John Taupin, & Big Pig Music (Defendants)" (PDF). Entertainment Law Digest. Retrieved 2 May 2012.
  67. ↑ Dadds, Kimberley (27 April 2012). "Elton John is sued by songwriter for allegedly stealing lyrics to Nikita". Daily Mail. London. p. D01. Retrieved 2 May 2012.
  68. ↑ Heller, Matthew (31 October 2012). "Elton John Kicks Copyright Suit Over 'Nikita' Lyrics". Law360. Retrieved 1 November 2012.
  69. ↑ Sullivan, Shawn (3 November 2012). "Elton John's 'Nikita' Didn't Infringe Copyright in Earlier Cold War Love Song". SullivanLawNet. Retrieved 5 November 2012.
  70. ↑ "'Shake It Off' Copyright Case Dismissed By California Federal Judge - Lexis Legal News". www.lexislegalnews.com. Retrieved 2016-12-02.
  71. ↑ Macías, Anthony (2008). Mexican American Mojo: Popular Music, Dance, and Urban Culture in Los Angeles, 1935–1968. Duke University Press. p. 188. ISBN 978-0-822-34322-6. Retrieved 5 September 2012.
  72. ↑ Farrell, Paul (5 December 2012). "Jazz Great Dave Brubeck Dead: Top 10 Facts You Need to Know". Heavy News. Heavy.com. Retrieved 8 November 2013.
  73. ↑ Levenson, Jeff (16 April 1994). "Jazz Blue Notes". Billboard. 106 (16): 45. Retrieved 8 November 2013.
  74. ↑ Dr. J. (2011). "Misery - The Who Plagiarized Michigan Artists". Michigan Rock and Roll Legends. Retrieved 8 November 2013.
  75. ↑ "Deep Purple in Rock". The Mojo Collection. Mojo. p. 206. ISBN 978-1-84195-973-3. Retrieved 24 June 2015.
  76. ↑ "Child in Time". The Top 500 Heavy Metal Songs of All Time. ECW Press. p. 50. ISBN 978-1-55022-530-3. Retrieved 24 June 2015.
  77. ↑ "Deep Purple". The Rough Guide to Rock. Rough Guides. p. 278. ISBN 1-85828-457-0. Retrieved 12 August 2015.
  78. ↑ "The Making of Black Night". Rumba Magazine. 1993. Retrieved 12 August 2015.
  79. ↑ BBC-Heavy Metal Brittania: at the 42:30 timeframe of the programme
  80. ↑ "DEEP PURPLE... ¿PARECIDOS RAZONABLES? - ROCK ON". Rock On Magazine (in Spanish). 2015. Retrieved 17 December 2016.
  81. ↑ "Worked Out Within the Grooves". Speak to Me: The Legacy of Pink Floyd's The Dark Side of the Moon. MPG Books. p. 74. ISBN 0-7546-4018-3. Retrieved 25 June 2015.
  82. ↑ Peter Henderson, Phil Sutcliffe, and John Bungey (March 1998). "Pink Floyd's Dark Side of the Moon 4". Mojo.
  83. ↑ Royko, Mike (11 June 1976). "Uncredited author of Clapton hit not outraged". The Calgary Herald. p. 45. Retrieved 2015-04-16.
  84. ↑ Mason, Darryl (15 April 2014). "Australian anthems: the Angels – Am I Ever Gonna See Your Face Again". The Guardian. London. Retrieved 14 May 2015.
  85. ↑ "Michael Jackson stole songs, says music producer Quincy Jones". The Inquirer. London. Agence France-Presse. 8 February 2018. Retrieved 17 February 2018.
  86. ↑ Caulfield, Keith (10 February 2018). "Donna Summer's 'State of Independence' Streams Increase After Quincy Jones Alleges Michael Jackson 'Stole' Song". Billboard. Retrieved 17 February 2018.
  87. ↑ Goldstein, Patrick (26 June 1988). "Rod Stewart Sounds an Echo of Dylan". Los Angeles Times. Los Angeles Times. Retrieved 27 July 2015.
  88. ↑ Snow, Shauna (2 September 1997). "Arts and entertainment reports from The Times, national and international news services and the nation's press". Los Angeles Times.
  89. ↑ Adams, Guy (19 June 2008). "The song they didn't write? Coldplay are accused of plagiarism by American band". The Independent. London. Retrieved 2008-11-11.
  90. ↑ Martin, Nicole (20 June 2008). "Coldplay didn't copy us, says American band". The Telegraph. London. Retrieved 2008-11-11.
  91. ↑ Horowitz, Carl F. "Sue Me, Sue You: Musical 'Plagiarism' in court". National Legal and Policy Center. Archived from the original on 24 May 2008. Retrieved 23 November 2008.
  92. ↑ Greene, Andy (28 June 2006). "Tom Petty Doubts Chili Peppers Similarity Had "Negative Intent"". Rolling Stone. Retrieved 5 September 2012.
  93. ↑ "Archived copy". Archived from the original on 1 April 2009. Retrieved 2009-03-31.
  94. ↑ "YG Hits Sony Over Plagiarism Allegations". 25 September 2009. Retrieved 6 October 2016.
  95. ↑ "Is Plagiarism a New Genre?". 28 October 2009. Retrieved 6 October 2016.
  96. ↑ Musgrove, Mike (22 February 2007). "Too Perfect Harmony". Washington Post. p. D01. Retrieved 23 November 2008.
  97. ↑ "In Entertainment - Page not found". Archived from the original on 4 October 2011. Retrieved 6 October 2016.
  98. ↑ "Madonna: Lady GaGa's Born This Way "Sounded Familiar" - MTV UK". Retrieved 6 October 2016.
  99. ↑ Staff (29 April 2012). "Delta accused of ripping off Arcade Fire". The Daily Telegraph. p. D01. Retrieved 2 May 2012.
  100. ↑ Gardner, Eriq (8 May 2012). "Beastie Boys sued over sampling". Billboard. p. D01. Retrieved 9 May 2012.
  101. ↑ Besser, Robert (11 July 2012). "VMG Salsoul (Plaintiff) versus Madonna Louise Ciccone, Shep Pettibone, & Webo Girl Publishing (Defendants)" (PDF). UCLA Law. Retrieved 16 November 2012.
  102. ↑ Reporter, Staff (13 July 2012). "Madonna is 'sued after not paying for samples' in her hit Vogue…". Daily Mail. London. p. D01. Retrieved 16 November 2012.
  103. ↑ Mills, James (14 July 2012). "Madonna's copyright row over hit Vogue". The Sun. London. p. D01. Retrieved 16 November 2012.
  104. ↑ Kate Hind (8 December 2013). "One Direction song 'contains similarities to Def Leppard tune from Eighties'". The Mirror. Retrieved 17 December 2013.
  105. ↑ Dana (17 December 2013). "Did One Direction Plagiarize Def Leppard's "Pour Some Sugar On Me?"". Eddie Trunk. Retrieved 17 December 2013.
  106. ↑ Samantha Highfill (29 September 2014). "One Direction channels Journey, gets dad-friendly with 'Steal My Girl'". Entertainment Weekly. Retrieved 29 September 2014.
  107. ↑ Mikael Wood (29 September 2014). "Listen: One Direction journeys to the '80s in new song 'Steal My Girl'". Los Angeles Times. Retrieved 29 September 2014.
  108. ↑ Tamar Herman (31 August 2014). "Megan Trainor's Summer Hit 'All About That Bass' Sounds Suspiciously Like Koyote's 'Happy Mode'". KpopStarz. Retrieved 18 September 2014.
  109. ↑ Allkpop (27 August 2014). "Composer Joo Young Hoon requests clarification from the composer of Meghan Trainor's 'All About That Bass' regarding possible plagiarism". 6Theory Media. Retrieved 18 September 2014.
  110. ↑ Rutter, Claire (12 March 2015). "Marvin Gaye's family claim Pharrell Williams' Happy sounds like ANOTHER one of the soul legend's songs". The Mirror. Retrieved 12 March 2015.
  111. ↑ Berenson, Tessa (12 March 2015). "Marvin Gaye's Family Considering 'Happy' After 'Blurred Lines' Win". Time. Retrieved 12 March 2015.
  112. ↑ "MAX - Where Music Lives". Archived from the original on 19 June 2016. Retrieved 6 October 2016.
  113. ↑ "MAX - Where Music Lives". Retrieved 6 October 2016.
  114. ↑ "Guns N Roses Sweet Child O Mine comes under plagiarism charges - ViralNewsChart via Consequence of Sound". Retrieved 6 October 2016.
  115. ↑ http://www.news.com.au/entertainment/australian-crawl-fans-spark-online-debate-after-pointing-out-similarities-with-guns-n-roses-hit/story-e6frfmq9-1227350742310
  116. ↑ "Did Guns N' Roses Copy 'Sweet Child O' Mine' From This Australian Band?". Retrieved 6 October 2016.
  117. ↑ Graff, Gary (6 July 2015). "Rod Stewart Slapped with Plagiarism Suit". WROR News. Retrieved 27 July 2015.
  118. ↑ https://www.bbc.com/news/entertainment-arts-34692465 Taylor Swift sued over Shake It Off lyrics
  119. ↑ http://www.statepress.com/article/2015/11/copyright-laws-are-too-strict-for-artists Unknown artist sues Taylor Swift for $42 million, takes advantage of U.S. copyright laws
  120. ↑ "Ed Sheeran is being sued for $20m by two songwriters over his track Photograph". Newsbeat. BBC Online. 9 June 2016. Retrieved 9 June 2016.
  121. ↑ Mick Wall (2008), When Giants Walked the Earth: A Biography of Led Zeppelin, London: Orion, p. 56
  122. ↑ "Whammy Bar" Guitar World April 1997: 19 "But California's most enduring legacy may well be the fingerpicked acoustic theme of the song "Taurus," which Jimmy Page lifted virtually note for note for the introduction to "Stairway to Heaven."
  123. ↑ Los Angeles Times, May 21, 2014
  124. ↑ "Stairway to Heaven: The Song Remains Pretty Similar". Bloomberg Businessweek. 15 May 2014. Retrieved 21 May 2014.
  125. ↑ "Led Zeppelin Win "Stairway to Heaven" Trial". 23 June 2016. Retrieved 24 June 2016.
  126. ↑ http://www.allmusic.com/song/since-ive-been-loving-you-mt0003491422>
  127. ↑ "4. 'Since I've Been Loving You' Photo - Readers' Poll: The Best Led Zeppelin Songs of All Time - Rolling Stone". Rolling Stone.
  128. ↑ Graham, David A. "Who Owns 'We Shall Overcome'?". The Atlantic. Retrieved 22 December 2016.
  129. ↑ Cullens, Ashley. "Gwen Stefani & Pharrell Williams Accused of Copying 'Spark the Fire' Chorus". Billboard. Retrieved 16 January 2017.
  • A Mathematical Look at Musical Plagiarism by Frank Behrens, Art Times, May 2004
  • UCLA Law Copyright Infringement Project
  • J. Michael Keyes, "Musical Musings: The Case for Rethinking Music Copyright Protection", 10 Mich. Telecomm. Tech. L. Rev. 407 (2004), available at
  • L. McDonagh, "Is Creative use of Musical Works without a licence acceptable under Copyright?" International Review of Intellectual Property and Competition Law (IIC) 4 (2012) 401-426, available at SSRN
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