Musical plagiarism
Encyclopedia
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.
is limited by the ability to use a small number of notes. The 7 note diatonic scale
is the foundation of the European musical tradition.
No artist denies the existence of, and relation between
, musical genres. In addition, all forms of music can be said to include patterns. Algorithm
s (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. 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.
According to the 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. though it is difficult to come to a definition of what is "similarity".
Even if a piece of music is in the public domain
and thus not protected by copyright, it may still be plagiarism to copy a portion (or all) of it without attribution. There are many changes in the creation, content, dissemination and consumption of popular music in the 21st Century.
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 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.
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
.
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 mainstream artists obtain prior authorization to use samples, a process known as "clearing" by gaining permission to use the sample and, usually, paying an up-front fee and/or a cut of the royalties to the original artist. Unfortunately, independent bands, 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, a movement — started mainly by Lawrence Lessig
of free culture
– 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.
media:
Plagiarism
Plagiarism is defined in dictionaries as the "wrongful appropriation," "close imitation," or "purloining and publication" of another author's "language, thoughts, ideas, or expressions," and the representation of them as one's own original work, but the notion remains problematic with nebulous...
in music now occurs in two contexts – with a musical idea (that is, a melody
Melody
A melody , also tune, voice, or line, is a linear succession of musical tones which is perceived as a single entity...
or motif
Motif (music)
In music, a motif or motive is a short musical idea, a salient recurring figure, musical fragment or succession of notes that has some special importance in or is characteristic of a composition....
) 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 scaleMusical scale
In music, a scale is a sequence of musical notes in ascending and descending order. Most commonly, especially in the context of the common practice period, the notes of a scale will belong to a single key, thus providing material for or being used to conveniently represent part or all of a musical...
is limited by the ability to use a small number of notes. The 7 note diatonic scale
Diatonic scale
In music theory, a diatonic scale is a seven note, octave-repeating musical scale comprising five whole steps and two half steps for each octave, in which the two half steps are separated from each other by either two or three whole steps...
is the foundation of the European musical tradition.
No artist denies the existence of, and relation between
20th century music
20th century music is defined by the sudden emergence of advanced technology for recording and distributing music as well as dramatic innovations in musical forms and styles...
, musical genres. In addition, all forms of music can be said to include patterns. Algorithm
Algorithm
In mathematics and computer science, an algorithm is an effective method expressed as a finite list of well-defined instructions for calculating a function. Algorithms are used for calculation, data processing, and automated reasoning...
s (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
Counterpoint
In music, counterpoint is the relationship between two or more voices that are independent in contour and rhythm and are harmonically interdependent . It has been most commonly identified in classical music, developing strongly during the Renaissance and in much of the common practice period,...
, 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. 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.
According to the 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. though it is difficult to come to a definition of what is "similarity".
Even if a piece of music is in the public domain
Public domain
Works are in the public domain if the intellectual property rights have expired, if the intellectual property rights are forfeited, or if they are not covered by intellectual property rights at all...
and thus not protected by copyright, it may still be plagiarism to copy a portion (or all) of it without attribution. There are many changes in the creation, content, dissemination and consumption of popular music in the 21st Century.
Musical ideas
Plagiarism is relevant to different musical styles in different ways.In classical music
Classical music
Classical music is the art music produced in, or rooted in, the traditions of Western liturgical and secular music, encompassing a broad period from roughly the 11th century to present times...
, software exists that automatically generates music in the style of another composer, using musical analysis of their works. Most notably, David Cope 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.
According to Theodor Adorno's highly controversial view, popular music
Popular music
Popular music belongs to any of a number of musical genres "having wide appeal" and is typically distributed to large audiences through the music industry. It stands in contrast to both art music and traditional music, which are typically disseminated academically or orally to smaller, local...
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
Classical music
Classical music is the art music produced in, or rooted in, the traditions of Western liturgical and secular music, encompassing a broad period from roughly the 11th century to present times...
or art music
Art music
Art music is an umbrella term used to refer to musical traditions implying advanced structural and theoretical considerations and a written musical tradition...
.
Sampling
Sampling has been an area of contention from a legal perspective. Early sampling artists simply used portions of other artists' recordings, without permission; once rap and other music incorporating samples began to make significant money, the original artists began to take legal action, claiming copyrightCopyright
Copyright is a legal concept, enacted by most governments, giving the creator of an original work exclusive rights to it, usually for a limited time...
infringement. Some sampling artists fought back, claiming their samples were fair use
Fair use
Fair use is a limitation and exception to the exclusive right granted by copyright law to the author of a creative work. In United States copyright law, fair use is a doctrine that permits limited use of copyrighted material without acquiring permission from the rights holders...
(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
Berne Convention for the Protection of Literary and Artistic Works
The Berne Convention for the Protection of Literary and Artistic Works, usually known as the Berne Convention, is an international agreement governing copyright, which was first accepted in Berne, Switzerland in 1886.- Content :...
and the WIPO Copyright and Performances and Phonograms Treaties Implementation Act
WIPO Copyright and Performances and Phonograms Treaties Implementation Act
The WIPO Copyright and Performances and Phonograms Treaties Implementation Act, is a part of the Digital Millennium Copyright Act , a 1998 U.S. law...
.
Today, most mainstream artists obtain prior authorization to use samples, a process known as "clearing" by gaining permission to use the sample and, usually, paying an up-front fee and/or a cut of the royalties to the original artist. Unfortunately, independent bands, 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, a movement — started mainly by Lawrence Lessig
Lawrence Lessig
Lawrence "Larry" Lessig is an American academic and political activist. He is best known as a proponent of reduced legal restrictions on copyright, trademark, and radio frequency spectrum, particularly in technology applications, and he has called for state-based activism to promote substantive...
of free culture
Free Culture
Free Culture may refer to:* Free Culture by Lawrence Lessig* Free culture movement, a social movement for free culture...
– has prompted many audio works to be licensed under a Creative Commons
Creative Commons
Creative Commons is a non-profit organization headquartered in Mountain View, California, United States devoted to expanding the range of creative works available for others to build upon legally and to share. The organization has released several copyright-licenses known as Creative Commons...
license that allows for legal sampling of the work provided the resulting work(s) are licensed under the same terms.
Cases
Most cases of alleged plagiarism are settled out of court. 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. 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.Successful suits
- In March 1963, The Beach BoysThe Beach BoysThe Beach Boys are an American rock band, formed in 1961 in Hawthorne, California. The group was initially composed of brothers Brian, Dennis and Carl Wilson, their cousin Mike Love, and friend Al Jardine. Managed by the Wilsons' father Murry, The Beach Boys signed to Capitol Records in 1962...
released "Surfin' USASurfin' USA (song)"Surfin' USA" is a song with lyrics written by Brian Wilson for The Beach Boys, set to the melody from Chuck Berry's "Sweet Little Sixteen". Berry received co-writing credit for composing the song after litigating. "Surfin' USA" was recorded by The Beach Boys and released as a single on March 4,...
". Chuck BerryChuck BerryCharles Edward Anderson "Chuck" Berry is an American guitarist, singer, and songwriter, and one of the pioneers of rock and roll music. With songs such as "Maybellene" , "Roll Over Beethoven" , "Rock and Roll Music" and "Johnny B...
's music publisher Arc Music sued over what was a note-for-note cover of Berry's "Sweet Little SixteenSweet Little Sixteen"Sweet Little Sixteen" is a rock and roll song written and originally performed by Chuck Berry, who released it as a single in January 1958. It reached number two on the American charts, Berry's highest position ever on the charts, with the exception of the suggestive number one hit "My...
", and was eventually granted co-writing credit for Berry, and royalties from the record.
- George MartinGeorge MartinSir George Henry Martin CBE is an English record producer, arranger, composer and musician. He is sometimes referred to as "the Fifth Beatle"— a title that he often describes as "nonsense," but the fact remains that he served as producer on all but one of The Beatles' original albums...
's score for The BeatlesThe BeatlesThe Beatles were an English rock band, active throughout the 1960s and one of the most commercially successful and critically acclaimed acts in the history of popular music. Formed in Liverpool, by 1962 the group consisted of John Lennon , Paul McCartney , George Harrison and Ringo Starr...
' "All You Need Is LoveAll You Need Is Love"All You Need Is Love" is a song written by John Lennon and credited to Lennon–McCartney. It was first performed by The Beatles on Our World, the first live global television link. Watched by 400 million in 26 countries, the programme was broadcast via satellite on 25 June 1967...
" contained melodies from several songs thought to be public domain, including "In the MoodIn the Mood"In the Mood" is a big band era #1 hit recorded by American bandleader Glenn Miller. Joe Garland and Andy Razaf arranged "In the Mood" in 1937-1939 using a previously existing main theme composed by Glenn Miller before the start of the 1930s...
," written by Joe GarlandJoe GarlandJoseph Copeland "Joe" Garland was an American jazz saxophonist, composer, and arranger, best known for writing "In the Mood"....
and Andy Razaf. While the song was in the public domain, Glenn MillerGlenn MillerAlton Glenn Miller was an American jazz musician , arranger, composer, and bandleader in the swing era. He was one of the best-selling recording artists from 1939 to 1943, leading one of the best known "Big Bands"...
's arrangement was not and EMIEMIThe EMI Group, also known as EMI Music or simply EMI, is a multinational music company headquartered in London, United Kingdom. It is the fourth-largest business group and family of record labels in the recording industry and one of the "big four" record companies. EMI Group also has a major...
made a royalty payment to KPM publishing in July 1967.
- In 1969, John LennonJohn LennonJohn Winston Lennon, MBE was an English musician and singer-songwriter who rose to worldwide fame as one of the founding members of The Beatles, one of the most commercially successful and critically acclaimed acts in the history of popular music...
was sued by Chuck BerryChuck BerryCharles Edward Anderson "Chuck" Berry is an American guitarist, singer, and songwriter, and one of the pioneers of rock and roll music. With songs such as "Maybellene" , "Roll Over Beethoven" , "Rock and Roll Music" and "Johnny B...
's publisher Big Seven Music Corp. over the lyric, "Here comes ol' flat-top. He come groovin' up slowly," in the song, "Come TogetherCome Together"Come Together" is a song by The Beatles written by John Lennon and credited to Lennon–McCartney. The song is the opening track on The Beatles' September 1969 album Abbey Road....
". In Chuck Berry's song, "You Can't Catch MeYou Can't Catch Me"You Can't Catch Me" is a song written and performed by Chuck Berry, released as a single in 1956. The song's lyrics mention racing a souped-up "air-mobile" down the New Jersey Turnpike...
", the lyric is, "Here come up flat top. He was groovin' up slowly." 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 next album, Walls and BridgesWalls and BridgesWalls and Bridges is the fifth album by John Lennon; it was issued on 26 September 1974 in the United States and on 4 October in the United Kingdom. Written, recorded and released during his 18-month separation from Yoko Ono , the album captures Lennon in the midst of The Lost Weekend...
, contained only a brief snippet of the song "Ya YaYa Ya (Lee Dorsey song)"Ya Ya" is a song by Lee Dorsey. The song was written by Lee Dorsey, Clarence Lewis, Morgan Robinson and Morris Levy. It was inspired by a children's nursery rhyme.-Chart performance:...
," with the court awarding the company US$6,795.
- George HarrisonGeorge HarrisonGeorge Harrison, MBE was an English musician, guitarist, singer-songwriter, actor and film producer who achieved international fame as lead guitarist of The Beatles. Often referred to as "the quiet Beatle", Harrison became over time an admirer of Indian mysticism, and introduced it to the other...
was successfully sued in a prolonged suit that began in 1971 for plagiarizing the Chiffons' "He's So FineHe's So Fine"He's So Fine" is a recording by The Chiffons which topped the Billboard Hot 100 for four weeks in the spring of 1963. One of the most instantly recognizable Golden Oldies with its doo-lang doo-lang doo-lang background vocal, "He's So Fine" is also renowned as the plaintiff song in the now-infamous...
" for the melody of his own "My Sweet LordMy Sweet Lord"My Sweet Lord" is a song by former Beatles lead guitarist George Harrison from his UK number one hit triple album All Things Must Pass. The song was written in praise of the Hindu god Krishna...
."
- On Led ZeppelinLed ZeppelinLed Zeppelin were an English rock band, active in the late 1960s and throughout the 1970s. Formed in 1968, they consisted of guitarist Jimmy Page, singer Robert Plant, bassist/keyboardist John Paul Jones, and drummer John Bonham...
's album Led Zeppelin IILed Zeppelin IIThe finished tracks reflect the raw, evolving sound of the band and their ability as live performers. The album has been noted for featuring a further development of the lyrical themes established by Robert Plant on Led Zeppelin's debut album, creating a work which would become more widely...
, parts of the song "Bring It On Home" were copied from Sonny Boy WilliamsonSonny Boy WilliamsonSonny Boy Williamson may refer to either of two 20th-century American blues harmonica players, who both recorded in Chicago:*Sonny Boy Williamson I , John Lee Curtis Williamson, "The Original Sonny Boy Williamson", born in Tennessee and associated with Bluebird Records *Sonny Boy Williamson II ,...
's 1963 recording of "Bring It On Home", written by Willie DixonWillie DixonWilliam James "Willie" Dixon was an American blues musician, vocalist, songwriter, arranger and record producer. A Grammy Award winner who was proficient on both the Upright bass and the guitar, as well as his own singing voice, Dixon is arguably best known as one of the most prolific songwriters...
. On the same album, "The Lemon SongThe Lemon Song"The Lemon Song" is a song by English rock band Led Zeppelin, featured on their 1969 album Led Zeppelin II. It was recorded at Mystic Studios in Hollywood when the band was on their second concert tour of the United States....
" included an adaptation of Howlin' WolfHowlin' WolfChester Arthur Burnett , known as Howlin' Wolf, was an influential American blues singer, guitarist and harmonica player....
's "Killing Floor". In 1972, Arc Music, the publishing arm of Chess RecordsChess RecordsChess Records was an American record label based in Chicago, Illinois. It specialized in blues, R&B, soul, gospel music, early rock and roll, and occasional jazz releases....
, 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 LoveWhole Lotta Love"Whole Lotta Love" is a song by English rock band Led Zeppelin. It is featured as the opening track on the band's second album, Led Zeppelin II, and was released in the United States and Japan as a single. The US release became their first hit single, it was certified Gold on 13 April 1970, when it...
" 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.
- Led Zeppelin also paid a settlement to the publisher of Ritchie ValensRitchie ValensRitchie Valens was a Mexican-American singer, songwriter and guitarist....
' song "Ooh! My Head" over "Boogie with StuBoogie with Stu"Boogie with Stu" is a song by English rock band Led Zeppelin from their 1975 album Physical Graffiti. It was a jam recorded in 1971 at Headley Grange, where the band had done most of the recording for their fourth album...
" (from their album Physical GraffitiPhysical GraffitiPhysical Graffiti is the sixth studio album by the English rock band Led Zeppelin, released on 24 February 1975 as a double album. Recording sessions for the album were initially disrupted when bassist/keyboardist John Paul Jones considered leaving the band...
) which borrowed heavily from Valens' song.
- In autumn 1984 and throughout 1985, Huey LewisHuey LewisHuey Lewis is an American musician, songwriter and occasional actor.Lewis sings lead and plays harmonica for his band Huey Lewis and the News, in addition to writing or co-writing many of the band's songs...
sued Ray Parker, Jr. for plagiarismPlagiarismPlagiarism is defined in dictionaries as the "wrongful appropriation," "close imitation," or "purloining and publication" of another author's "language, thoughts, ideas, or expressions," and the representation of them as one's own original work, but the notion remains problematic with nebulous...
, citing that Parker stole the melody of the song "GhostbustersGhostbusters (song)"Ghostbusters" is a 1984 song recorded by Ray Parker, Jr. as the theme to the film of the same name starring Bill Murray and Dan Aykroyd. It hit number one on the Billboard Hot 100 on August 11 in 1984, and stayed there for three weeks...
" (the theme from the movie of the same nameGhostbustersGhostbusters is a 1984 American science fiction comedy film directed by Ivan Reitman and written by Dan Aykroyd and Harold Ramis. The film stars Bill Murray, Dan Aykroyd, Sigourney Weaver, Harold Ramis, and Rick Moranis and follows three eccentric parapsychologists in New York City, who start a...
), from Lewis's 1983 song "I Want A New DrugI Want a New Drug"I Want a New Drug" is a song by American rock band Huey Lewis and the News from their third album Sports. It was released as the second single from the album, following the top-ten hit "Heart and Soul" in January 1984. The single reached number six on the U.S...
". 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 FutureBack to the FutureBack to the Future is a 1985 American science-fiction adventure film. It was directed by Robert Zemeckis, written by Zemeckis and Bob Gale, produced by Steven Spielberg, and starred Michael J. Fox, Christopher Lloyd, Lea Thompson, Crispin Glover and Thomas F. Wilson. The film tells the story of...
. It was reported in 2001 that Lewis allegedly breached an agreement not to mention the original suit, doing so on VH1'sVH1VH1 or Vh1 is an American cable television network based in New York City. Launched on January 1, 1985 in the old space of Turner Broadcasting's short-lived Cable Music Channel, the original purpose of the channel was to build on the success of MTV by playing music videos, but targeting a slightly...
Behind the MusicBehind the MusicBehind the Music is a television series on VH1. It originally ran from 1997 to 2006, before it was stopped and only aired new episodes sporadically. The series places its generality on documentation of musical artists or groups who are interviewed and profiled, and discuss how their careers became...
.
- An OasisOasis (band)Oasis were an English rock band formed in Manchester in 1991. Originally known as The Rain, the group was formed by Liam Gallagher , Paul "Bonehead" Arthurs , Paul "Guigsy" McGuigan and Tony McCarroll , who were soon joined by Liam's older brother Noel Gallagher...
B-Side "Step Out" was originally intended for the (What's the Story) Morning Glory?(What's the Story) Morning Glory?Morning Glory? is the second studio album by the English rock band Oasis. It was released on 2 October 1995 through Creation Records. The album was Oasis' most enduring commercial success, charting at number one in the UK and number four in the U.S...
album but was taken off after Stevie WonderStevie WonderStevland Hardaway Morris , better known by his stage name Stevie Wonder, is an American singer-songwriter, multi-instrumentalist, record producer and activist...
requested 10% of the royalties as the chorus bore a similarity to his hit Uptight (Everything's Alright)Uptight (Everything's Alright)"Uptight " is a 1966 hit single recorded by Stevie Wonder for the Tamla label. One of his most popular early singles, "Uptight " was the first Stevie Wonder single to be co-written by the artist....
. Instead it was placed as a B-Side on their single Don't Look Back In AngerDon't Look Back in Anger"Don't Look Back in Anger" is a song by English rock band Oasis, released in 1996 as the fourth single from their hit second album Morning Glory?. The song was written by the band's guitarist and main songwriter, Noel Gallagher. The song became the band's second single to reach #1 in the UK...
. Also, because of this, Wonder, Henry CosbyHenry CosbyHenry "Hank" R. Cosby was an African American songwriter and record producer for Motown Records...
and Sylvia MoySylvia MoySylvia Moy is a songwriter and record producer, formerly associated with the Motown Records group. The first woman at the Detroit-based music label to write and produce for Motown acts, she is probably best known for her songs written for Stevie Wonder....
received credit for writing the song, along with Noel GallagherNoel GallagherNoel Thomas David Gallagher is an English musician and singer-songwriter, formerly the lead guitarist, backing vocalist and principal songwriter of the English rock band Oasis. He is currently fronting his solo project, Noel Gallagher's High Flying Birds.Raised in Burnage, Manchester with his...
. Also the 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 Neil Innes. Oasis were also successfully sued for $500,000 by the New Seekers after the song Shakermaker took its melody from "I'd Like to Teach the World to Sing".
- In early 2007, TimbalandTimbalandTimothy Zachery Mosley , better known by his stage name Timbaland, is an American record producer, songwriter and rapper....
was alleged to have plagiarized several elements (both motifs and samples) in the song "Do It" on the 2006 album Loose by Nelly FurtadoNelly FurtadoNelly Kim Furtado is a Canadian singer-songwriter, record producer and actress. Furtado grew up in Victoria, British Columbia, Canada.Furtado first gained fame with her debut album, Whoa, Nelly!, and its single "I'm Like a Bird", which won a 2001 Juno Award for Single of the Year and a 2002 Grammy...
without giving credit or compensation. See 2007 Timbaland plagiarism controversy2007 Timbaland plagiarism controversyTimbaland's plagiarism controversy occurred in January 2007, when several news sources reported that Timbaland was alleged to have plagiarized several elements in the song "Do It" on the 2006 album Loose by Nelly Furtado without giving credit or compensation...
.
- In early 2006, the writers of Lee HyoriLee HyoriLee Hyori is a South Korean singer. She debuted as a member of the successful pop girl group Fin.K.L, but has since become a solo artist. In 2003 she released her debut solo album Stylish which won many "Daesangs"...
's song "Get Ya" were accused of plagiarizing Britney SpearsBritney SpearsBritney Jean Spears is an American recording artist and entertainer. Born in McComb, Mississippi, and raised in Kentwood, Louisiana, Spears began performing as a child, landing acting roles in stage productions and television shows. She signed with Jive Records in 1997 and released her debut album...
' 2005 song "Do Somethin'Do Somethin'"Do Somethin" is a song by American recording artist Britney Spears from her first greatest hits compilation, Greatest Hits: My Prerogative. It was released on February 14, 2005 by Jive Records as the second single from the album worldwide except North America...
". This eventually led Lee Hyori to stop promoting the song and contributed to the failure of the song and its album, Dark Angel.
- In 2005, Belgian songwriter Salvatore Acquaviva won a judgement against MadonnaMadonna (entertainer)Madonna is an American singer-songwriter, actress and entrepreneur. Born in Bay City, Michigan, she moved to New York City in 1977 to pursue a career in modern dance. After performing in the music groups Breakfast Club and Emmy, she released her debut album in 1983...
, claiming that her 1998 hit, "FrozenFrozen (song)"Frozen" is a song by American singer-songwriter Madonna from her eight studio album Ray of Light. It was released as the lead single from the album on 23 February 1998 by Maverick Records...
" had been lifted from his early-1980s song, "Ma Vie Fout le camp". The judge declined to award damagesDamagesIn law, damages is an award, typically of money, to be paid to a person as compensation for loss or injury; grammatically, it is a singular noun, not plural.- Compensatory damages :...
, but did order the withdrawal of all remaining discs for sale and barred the song from airplay on Belgian TV and radio. See Frozen (song): Plagiarism.
- American musician Les PaulLes PaulLester William Polsfuss —known as Les Paul—was an American jazz and country guitarist, songwriter and inventor. He was a pioneer in the development of the solid-body electric guitar which made the sound of rock and roll possible. He is credited with many recording innovations...
was successfully sued for plagiarizing RomaniaRomaniaRomania is a country located at the crossroads of Central and Southeastern Europe, on the Lower Danube, within and outside the Carpathian arch, bordering on the Black Sea...
n composer Richard Stein's "Sanie cu zurgălăi" (1937) as "Johnny (Is the Boy for Me)" (1953).
- Clive Edwards vs BMG/Universal/Rondor/19 Management (London County Patents Court, May 2007). Music publishers BMG and Universal settled out of court with songwriter Clive Edwards. Mr Edwards had formally charged S Club 7's songwriters (Simon Ellis and Shep Solomon – NB it is not known exactly which songwriter was charged) with plagiarising his original song in order to create "Don't Stop Movin'". The court order is that both parties uphold a confidential agreement, believed within the industry to involve very substantial sums.
- A lawsuit filed by Tommy Dunbar and James Gangwer of the 1970s power pop band the RubinoosThe RubinoosThe Rubinoos are an American power pop band that formed in 1970 in Berkeley, California. They are perhaps best known for their singles "I Think We're Alone Now" , "I Wanna Be Your Boyfriend" , and for the theme song to the 1984 film Revenge of the Nerds...
alleged Avril LavigneAvril LavigneAvril Ramona Lavigne is a Canadian singer-songwriter. She was born in Belleville, Ontario, but spent most of her youth in the small town of Napanee. By the age of 15, she had appeared on stage with Shania Twain; by 16, she had signed a two-album recording contract with Arista Records worth more...
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.
- The Black Eyed Peas were successfully sued by an Ohio disc jockey named 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.
Unsuccessful suits
- During the mid-1930s, Ira Arnstein became convinced that major pop songwriters had been illegally copying his work. During 1936–46 he brought forth five plagiarism lawsuits though none proved successful.
- In 1994 John FogertyJohn FogertyJohn Cameron Fogerty is an American rock singer, songwriter, and guitarist, best known for his time with the swamp rock/roots rock band Creedence Clearwater Revival and as a #1 solo recording artist. Fogerty has a rare distinction of being named on Rolling Stone magazine's list of 100 Greatest...
was sued for self plagiarism after leaving Fantasy RecordsFantasy RecordsFantasy Records is a United States-based record label that was founded by Max and Sol Weiss in 1949 in San Francisco, California. They had previously operated a record-pressing plant called Circle Record Company before forming the Fantasy label...
and pursuing a solo career with Warner Bros. RecordsWarner Bros. RecordsWarner Bros. Records Inc. is an American record label. It was the foundation label of the present-day Warner Music Group, and now operates as a wholly owned subsidiary of that corporation. It maintains a close relationship with its former parent, Warner Bros. Pictures, although the two companies...
. Fantasy still owned the rights to the Creedence Clearwater RevivalCreedence Clearwater RevivalCreedence Clearwater Revival was an American rock band that gained popularity in the late 1960s and early 1970s with a number of successful singles drawn from various albums....
library. Saul ZaentzSaul ZaentzSaul Zaentz is an American film producer and former record company executive. He has won the Academy Award for Best Picture three times and in 1996 was awarded the Irving G. Thalberg Memorial Award....
, the owner of Fantasy, claimed Fogerty's song "The Old Man Down the RoadThe Old Man Down the Road"The Old Man Down the Road" is a popular song written and recorded by John Fogerty. It was released in 1985 and became a top 10 hit single, peaking at #10 on the US singles chart, and spending three weeks at the #1 spot on the Billboard Top Rock Tracks chart. It was lifted from Fogerty's comeback...
" was a musical copy of the Creedence song "Run Through the JungleRun Through the Jungle"Run Through the Jungle" is a 1970 rock song recorded by the North American band Creedence Clearwater Revival.-History:The song was written by the Creedence's lead singer, guitarist and songwriter, John Fogerty. It was included on their 1970 album Cosmo's Factory, the group's fifth album...
". A jury found that "Old Man" was not derivative. See Fogerty v. FantasyFogerty v. FantasyFogerty v. Fantasy, Inc., , was a U.S. Supreme Court case that elaborated the standards that should factor into a district court's decision to award attorney's fees in copyright litigation...
.
- In 1993 Killing JokeKilling JokeKilling Joke are an English post-punk band formed in October 1978 in Notting Hill, London, England; other sources report the band formed in early 1979.Related news articles: Founding members Jaz Coleman and Geordie Walker have been the only constant members.A key influence on industrial rock,...
sued NirvanaNirvana (band)Nirvana was an American rock band that was formed by singer/guitarist Kurt Cobain and bassist Krist Novoselic in Aberdeen, Washington in 1987...
alleging that the riff for the latter's song "Come as You Are" was copied from the riff for their song "Eighties"Eighties (song)"Eighties" is Killing Joke's first single off their fifth studio album, Night Time. It was originally released in April, 1984 under E'G Records as a 12" and 7" single and was produced by Chris Kimsey. The 12" single A-side featured the track "Eighties " with "Eighties" and "Eighties " as B-sides...
. The lawsuit was dropped after the sudden death of Nirvana front-man Kurt CobainKurt CobainKurt Donald Cobain was an American singer-songwriter, musician and artist, best known as the lead singer and guitarist of the grunge band Nirvana...
.
- In 2003 Michael Cottrill and Lawrence E. Wnukowski claimed that Britney SpearsBritney SpearsBritney Jean Spears is an American recording artist and entertainer. Born in McComb, Mississippi, and raised in Kentwood, Louisiana, Spears began performing as a child, landing acting roles in stage productions and television shows. She signed with Jive Records in 1997 and released her debut album...
’s "Can’t Make You Love Me" misappropriated substantial melodic material from their "What You See is What You Get". The court was skeptical on the question of defendant’s access to the plaintiff’s work.
- Ronald H. Selle sued the Bee GeesBee GeesThe Bee Gees are a musical group that originally comprised three brothers: Barry, Robin, and Maurice Gibb. The trio was successful for most of their 40-plus years of recording music, but they had two distinct periods of exceptional success: as a pop act in the late 1960s and early 1970s, and as a...
, alleging their 1977 hit, "How Deep Is Your LoveHow Deep Is Your Love"How Deep Is Your Love" is a pop song recorded by the Bee Gees in 1977 and released as a single in September. Originally intended for Yvonne Elliman, it was ultimately used as part of the soundtrack to the film Saturday Night Fever. It was a number three hit in the United Kingdom and Australia...
", stole the melody of his own never-released 1975 song, "Let It End". The Bee Gees eventually prevailed after an appealAppealAn appeal is a petition for review of a case that has been decided by a court of law. The petition is made to a higher court for the purpose of overturning the lower court's decision....
.
- On December 4, 2008 guitarist Joe Satriani filed a copyright infringementCopyright infringementCopyright infringement is the unauthorized or prohibited use of works under copyright, infringing the copyright holder's exclusive rights, such as the right to reproduce or perform the copyrighted work, or to make derivative works.- "Piracy" :...
suit in Los AngelesLos ÁngelesLos Ángeles is the capital of the province of Biobío, in the commune of the same name, in Region VIII , in the center-south of Chile. It is located between the Laja and Biobío rivers. The population is 123,445 inhabitants...
federal courtUnited States district courtThe United States district courts are the general trial courts of the United States federal court system. Both civil and criminal cases are filed in the district court, which is a court of law, equity, and admiralty. There is a United States bankruptcy court associated with each United States...
against ColdplayColdplayColdplay are a British alternative rock band formed in 1996 by lead vocalist Chris Martin and lead guitarist Jonny Buckland at University College London. After they formed Pectoralz, Guy Berryman joined the group as a bassist and they changed their name to Starfish. Will Champion joined as a...
, claiming the ColdplayColdplayColdplay are a British alternative rock band formed in 1996 by lead vocalist Chris Martin and lead guitarist Jonny Buckland at University College London. After they formed Pectoralz, Guy Berryman joined the group as a bassist and they changed their name to Starfish. Will Champion joined as a...
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?. The Coldplay song in question has received two Grammy AwardGrammy AwardA Grammy Award — or Grammy — is an accolade by the National Academy of Recording Arts and Sciences of the United States to recognize outstanding achievement in the music industry...
s for "Song of the Year". Coldplay has denied the allegation, which has resulted in further legal action from Satriani. On 14 September 2009, the case was dismissed by the California Central District CourtUnited States District Court for the Central District of CaliforniaThe United States District Court for the Central District of California serves over 18 million people in southern and central California, making it the largest federal judicial district by population...
, with both parties potentially agreeing to an out-of-court settlement.
- Baltimore songwriter Ray ReppRay ReppRay Repp is a Roman Catholic singer-songwriter credited with introducing folk music into Catholic masses with his 1965 album Mass for Young Americans that formed the earliest stirrings of Contemporary Christian music...
sued composer Andrew Lloyd WebberAndrew Lloyd WebberAndrew Lloyd Webber, Baron Lloyd-Webber is an English composer of musical theatre.Lloyd Webber has achieved great popular success in musical theatre. Several of his musicals have run for more than a decade both in the West End and on Broadway. He has composed 13 musicals, a song cycle, a set of...
, alleging the theme song from The Phantom of the OperaThe Phantom of the Opera (1986 musical)The Phantom of the Opera is a musical by Andrew Lloyd Webber, based on the French novel Le Fantôme de l'Opéra by Gaston Leroux.The music was composed by Lloyd Webber, and most lyrics were written by Charles Hart, with additional lyrics by Richard Stilgoe. Alan Jay Lerner was an early collaborator,...
was taken from his song "Till You" . In 1998, a jury found Webber not liable for plagiarism.
Unsettled, alleged, forgiven
The following are accusations of plagiarism appearing in notableNotable
Notable can refer to:* the property of a thing having notability* A Notable is a member of the Assembly of Notables, an assembly called by the king of high-ranking notables.* A Wikipedia guideline Wikipedia:Notable...
media:
- The song "Babe I'm Gonna Leave YouBabe I'm Gonna Leave You"Babe I'm Gonna Leave You" is a folk song written by Anne Bredon in the late 1950s. It was recorded by Joan Baez and released on her 1962 album Joan Baez in Concert, Part 1, and also by the English rock band Led Zeppelin, who included it on their 1969 debut album Led Zeppelin...
" by Led ZeppelinLed ZeppelinLed Zeppelin were an English rock band, active in the late 1960s and throughout the 1970s. Formed in 1968, they consisted of guitarist Jimmy Page, singer Robert Plant, bassist/keyboardist John Paul Jones, and drummer John Bonham...
was thought to be a traditional song and was credited as "Trad. arr. PageJimmy PageJames Patrick "Jimmy" Page, OBE is an English multi-instrumentalist, songwriter, and record producer. He began his career as a studio session guitarist in London and was subsequently a member of The Yardbirds from 1966 to 1968, after which he founded the English rock band Led Zeppelin.Jimmy Page...
" but it was actually written by folk singer Anne BredonAnne BredonAnne Bredon is an American folk singer, best known for composing the song Babe I'm Gonna Leave You while she was a student at University of California, Berkeley in the late 1950s...
. Since 1990, the Led Zeppelin version has been co-credited with Bredon, who received a substantial back-payment in royalties.
- Coldplay was also briefly accused of copying portions of the song from "The Songs I Didn't Write" by American alternative band Creaky Boards. Creaky Boards later retracted the accusations and speculated that both songs may have been inspired by the video game The Legend of Zelda.
- A portion of the Bruce SpringsteenBruce SpringsteenBruce Frederick Joseph Springsteen , nicknamed "The Boss," is an American singer-songwriter who records and tours with the E Street Band...
single, "Radio Nowhere." sounds similar to Tommy TutoneTommy TutoneTommy Tutone is a New Wave band, best known for its 1982 hit "867-5309/Jenny", which peaked at #4 on the Billboard Hot 100. Although it is usually referred to as a San Francisco band, it was actually based in Willits, California, at the time that "Jenny" was released...
's 1982 hit, "867-5309/Jenny." Tommy HeathTommy HeathTommy Heath is the lead singer/rhythm guitarist/occasional keyboardist of Tommy Tutone, a 1980s rock band most famous for their top 5 hit, "867-5309/Jenny." A common misconception is that Tommy Tutone is the name of the lead singer; it is the name of the band. The name of the band developed from...
's response was "I'm really honored at a similarity, if any, I think there's too much suing in the world now"
- The New York PostNew York PostThe New York Post is the 13th-oldest newspaper published in the United States and is generally acknowledged as the oldest to have been published continuously as a daily, although – as is the case with most other papers – its publication has been periodically interrupted by labor actions...
reported remarkable similarities between the Red Hot Chili PeppersRed Hot Chili PeppersRed Hot Chili Peppers is an American rock band, formed in Los Angeles in 1983. The group's musical style primarily consists of rock with an emphasis on funk, as well as elements from other genres such as punk, hip hop and psychedelic rock...
' "Dani California" and Tom PettyTom PettyThomas Earl "Tom" Petty is an American singer-songwriter and multi-instrumentalist. He is the frontman of Tom Petty and the Heartbreakers and was a founding member of the late 1980s supergroup Traveling Wilburys and Mudcrutch. He has also performed under the pseudonyms of Charlie T...
's "Mary Jane’s Last Dance" could turn into a lawsuit. Petty responded in a Rolling Stone interview:
...a lot of RocknRoll 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.
- In the bollywoodBollywoodBollywood is the informal term popularly used for the Hindi-language film industry based in Mumbai , Maharashtra, India. The term is often incorrectly used to refer to the whole of Indian cinema; it is only a part of the total Indian film industry, which includes other production centers producing...
industry, accusations of plagiarism are so high that several websites http://www.itwofs.com/http://www.bollycat.com/ exist solely to archive public accusations, of which very few receive legal attention.
- Søren Rasted (formerly of AquaAqua (band)Aqua is a Danish dance-pop group, best known for their 1997 breakthrough single "Barbie Girl". The group formed in 1989 and achieved huge success across the globe in the late 1990s and early 2000s. The group managed to top the UK Singles Chart with their first three singles. The group released two...
) has been accused of copying Kate BushKate BushKate Bush is an English singer-songwriter, musician and record producer. Her eclectic musical style and idiosyncratic vocal style have made her one of the United Kingdom's most successful solo female performers of the past 30 years.In 1978, at the age of 19, Bush topped the UK Singles Chart...
' Running Up that HillRunning Up That Hill12" Maxi single -Charts:-Placebo version:Alternative rock band Placebo covered "Running Up that Hill", releasing it originally on the bonus disc of their 2003 album Sleeping with Ghosts, then featuring it on Covers and the US version of Meds in 2007. Placebo's take on the song is more downbeat than...
for a song composed for the winner of the X Factor (Denmark)X Factor (Denmark)X Factor is the Danish version of The X Factor, a show originating in the United Kingdom and is created by talent show judge and record and TV producer Simon Cowell.-Series summary: "Under 25 boys" or "Under 25s" category "Under 25 girls" category...
contest.http://ekstrabladet.tv/nationentv/article1147458.ece
- Korean pop artist G-DragonG-DragonAside from Big Bang, G-Dragon also made several solo appearances. After helping produce Taeyang's debut album, he recorded his own version of the album's lead single "Only Look At Me" , titled as the part two version to the song. The single was released digitally...
has been accused of plagiarism by Sony Music, as his tracks "Heartbreaker" and "Butterfly" are similar to Flo-Rida's "Right Round" and OasisOasis (band)Oasis were an English rock band formed in Manchester in 1991. Originally known as The Rain, the group was formed by Liam Gallagher , Paul "Bonehead" Arthurs , Paul "Guigsy" McGuigan and Tony McCarroll , who were soon joined by Liam's older brother Noel Gallagher...
's "She's Electric", respectively. http://www.koreatimes.co.kr/www/news/special/2009/09/178_52518.htmlhttp://www.koreatimes.co.kr/www/news/opinon/2009/10/137_54413.html
- iTunesITunesiTunes is a media player computer program, used for playing, downloading, and organizing digital music and video files on desktop computers. It can also manage contents on iPod, iPhone, iPod Touch and iPad....
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 HattoJoyce HattoJoyce Hatto was a British pianist and piano teacher. She became famous late in life, when unauthorised copies of commercial recordings made by other pianists were released under her name, earning her high praise from critics. The fraud did not come to light until a few months after her...
.
- Led Zeppelin's song "Dazed and Confused" was derived from a 1967 Jake HolmesJake HolmesJake Holmes is an American singer-songwriter and jingle writer who began a recording career in the 1960s...
song of the same name, which had been performed by Jimmy PageJimmy PageJames Patrick "Jimmy" Page, OBE is an English multi-instrumentalist, songwriter, and record producer. He began his career as a studio session guitarist in London and was subsequently a member of The Yardbirds from 1966 to 1968, after which he founded the English rock band Led Zeppelin.Jimmy Page...
when he was with The YardbirdsThe Yardbirds- Current :* Chris Dreja - rhythm guitar, backing vocals * Jim McCarty - drums, backing vocals * Ben King - lead guitar * David Smale - bass, backing vocals...
. In June 2010, Holmes filed a lawsuit against the guitarist for copyright infringement in a United States District CourtUnited States district courtThe United States district courts are the general trial courts of the United States federal court system. Both civil and criminal cases are filed in the district court, which is a court of law, equity, and admiralty. There is a United States bankruptcy court associated with each United States...
, claiming Page knowingly copied his work.
- 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 recording company). The suit is ongoing.
See also
- List of plagiarism controversies
- Plagiarism detectionPlagiarism detectionPlagiarism detection is the process of locating instances of plagiarism within a work or document. The widespread use of computers and the advent of the Internet has made it easier to plagiarize the work of others. Most cases of plagiarism are found in academia, where documents are typically essays...
- Appropriation (music)Appropriation (music)In music, appropriation is the use of borrowed elements in the creation of a new piece, and is an example of cultural appropriation....
- Contrafact
- Credit (creative arts)Credit (creative arts)In general, the term credit in the artistic or intellectual sense refers to an acknowledgement of those who contributed to a work, whether through ideas or in a more direct sense.-Credit in the arts:...
- List of musical medleys
- Mashup (music)Mashup (music)A mashup or bootleg is a song or composition created by blending two or more pre-recorded songs, usually by overlaying the vocal track of one song seamlessly over the instrumental track of another...
- Musical quotationMusical quotationMusical quotation is the practice of directly quoting another work in a new composition. The quotation may be from the same composer's work , or from a different composer's work ....
- Parody musicParody musicParody music, or musical parody, involves changing or recycling existing musical ideas or lyrics — or copying the peculiar style of a composer or artist, or even a general style of music. Although the result is often funny, and this is the usual intent — the term "parody" in musical terms also...
- Potpourri (music)Potpourri (music)Potpourri or Pot-Pourri is a kind of musical form structured as ABCDEF..., the same as medley or, sometimes, fantasia. It is often used in light, easy-going and popular types of music....
- QuodlibetQuodlibetA quodlibet is a piece of music combining several different melodies, usually popular tunes, in counterpoint and often a light-hearted, humorous manner...
- Source criticism in the arts
- Variation (music)Variation (music)In music, variation is a formal technique where material is repeated in an altered form. The changes may involve harmony, melody, counterpoint, rhythm, timbre, orchestration or any combination of these.-Variation form:...
External links
- 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 http://www.mttlr.org/volten/Keyes.pdf