Ever think you’re a musical genius when you bust out your own original tune in the shower? Then, you hear the same song on the radio during your work commute — oh. Guess you’re stuck at your day job, but nice try.
Unfortunately, you’re not the only one. With billions of songs floating around out there, one is bound to sound similar to another. Unfortunately, certain laws can crush musicians who aren’t careful.
“Blurred Lines” by Robin Thicke
Robin Thicke’s “Blurred Lines” has been called the song of the summer, although some claim it came from another era. Attorneys for Thicke and the song’s collaborators, Pharrell Williams and T.I., filed a lawsuit in Los Angeles on Thursday asking a judge to determine their song does not copy songs composed by Marvin Gaye and George Clinton.
Owners of copyrights to Gaye’s song “Got to Give It Up” and Clinton’s song “Sexy Ways” have warned Thicke that “Blurred Lines” uses elements of the songs illegally. The basis of the Gaye defendants’ claims is that “Blurred Lines” and “Got to Give It Up” feel or sound the same. Being reminiscent of a “sound” is not copyright infringement, however, and Thicke maintains that his song is completely original. Thicke freely acknowledges that Gaye’s song inspired him and claims he was trying to “evoke an era.”
“Viva La Vida” by Coldplay
Joe Satriani claimed Coldplay’s Grammy-winning “Viva La Vida” ripped off his own “If I Could Fly” from 2004. The case was dismissed, and the rumored settlement was kept under wraps. Cat Stevens also claimed Viva La Vida was too close to one of his songs, “Foreigner Suite.” When asked if he might file suit against Coldplay, he responded: “It depends on how well Satriani does,” which may have been why the settlement (if there was one) was kept so hush-hush.
“Girlfriend” by Avril Lavigne
Avril Lavigne was shocked when her 2007 hit “Girlfriend” was met with a lawsuit from ’70s power-pop group the Rubinoos. The band’s founder claimed “I Wanna Be Your Boyfriend” bore striking resemblances to Avril’s song. Lavigne’s musicologist said there were no similarities of melody, chord progression, or meter, and Avril claimed she had never heard the song in her life, saying “All songs share similar lyrics and emotions. As humans we speak one language.” The parties eventually reached an undisclosed settlement.
“Creep” by Radiohead
Due to similarities to “The Air That I Breathe,” a song recorded by The Hollies in 1973, Radiohead was successfully sued for plagiarism for it’s popular song “Creep.” Consequently, Albert Hammond and Mike Hazlewood are credited as co-writers of “Creep.” The song does use a chord progression used in “The Air That I Breathe” in its verse as well as melody from it in the bridge.
“Ice Ice Baby” by Vanilla Ice
“Ice Ice Baby” by Vanilla Ice sampled — but did not credit — the song “Under Pressure” by David Bowie and Queen. Though at first denying it, Vanilla Ice later retracted the statement, calling the whole thing a joke. Ice fessed to sampling the work and, facing a lawsuit from Bowie and Queen, settled the case out of court. Ice payed an undisclosed sum of money and credited David Bowie and Queen on the track.
“Folsom Prison Blues” by Johnny Cash
Johnny Cash’s reputation as an iconic singer, songwriter, and performer remains unimpeachable, but he was forced to pay composer Gordon Jenkins $75,000 for using lyrics and melody from Jenkins’ 1953 track “Crescent City Blues” as the basis for his own 1955 song “Folsom Prison Blues.” Cash changed the song’s theme from a lonely woman looking to escape to a prison tale of murder. But the lyrics, including the classic opening lines, “I hear the train a-comin, it’s rollin’ ’round the bend” were similar enough to warrant a lawsuit.
“Happy Birthday”
Sometimes people try to claim ownership of songs that are clearly in the public domain. Although non-commercial singing of “Happy Birthday” is considered “fair use,” millions of dollars have actually been paid in royalties for “Happy Birthday,” due to a copyright claimed by Warner/Chappell. The royalty varies, but the New York Times says that the use of the song in the movie “Hoop Dreams” cost the filmmaker $5,000. A lawsuit has been filed by another filmmaker who is making a documentary about the song itself. The filmmaker argues that the song has been in the public domain for a long time. The lawsuit is seeking an order that Warner/Chappell refund all fees it has collected on the song over the past four years — possibly in the amount of $8-10 million.
