In the early 1960s, black artists were used to having their work “appropriated” by
white
artists. When a white band, The Beach Boys, released their hit song "Surfin'
U.S.A.”,
few noticed its resemblance to a 1958 record on the Chess label by black artist
Chuck
Berry. But the likeness to Berry’s now-famous “Sweet
Little Sixteen” was so pronounced that a case ensued. Consequently, in 1966,
the
Beach Boys gave Berry’s publisher, Arc Music, credits on the tune. This was the
first
plagiarism case of its kind in pop music history. Berry later claimed that the
Beatles’
song "Come Together" copied parts of his 1956 "You Can't Catch Me". The opening line
of
the former is “Here come old flat top” and this is also a line in Berry’s song.
However,
over the years, Berry himself was also accused of plagiarism.
“Sweet Little Sixteen”
“Surfin'
USA”
George Harrison’s 1970 “
My Sweet Lord” has distinct echoes of the melody in “He’s So Fine,” the 1962
hit by the American band, The Chiffons. Harrison was found guilty of "subconscious
plagiarism" in 1971 and ordered to pay damages. Harrison insisted he did not copy the
Chiffons’ song, but acknowledged that he was influenced by "Oh Happy Day" by the Edwin
Hawkins Singers.
“He’s So Fine”
“My Sweet
Lord”
American blues singer Willie Dixon sued Led Zeppelin over plagiarism. Dixon claimed
the
lyrics of Led Zeppelin’s “Whole Lotta Love” closely resembled Dixon’s composition
“You
Need Love,” which was recorded by Muddy Waters as a single for Chess
Records
in 1962. Dixon’s tune had the lines, “I ain’t fooling / You need schooling / Baby,
you
know you need cooling / Woman, way down inside / Woman, you need love”. Led
Zeppelin’s
contained, “You’ve been cooling / Baby, I’ve been drooling / All the good times I’ve
been misusing / Way, way down inside I’m gonna give you my love”. It was settled,
but
more problems lay ahead for Zeppelin — see 2016.
“You Need Love”
“Whole
Lotta
Love”
Vanilla Ice, aka Robert Van Winkle, scored a smash hit with his “Ice Ice Baby.” He
had
the distinction of being the first solo white rap artist to make an impact. The
melody
and lyrics of the song seemed original enough, but its thumping bassline sounded too
much like that of the collaborative effort by David Bowie and Queen, “Under Pressure.” Van
Winkle
soon had a lawsuit on his hands because Bowie and Queen claimed there was a
copyright
infringement. The case was settled with Bowie and all members of Queen being
credited as
co-composers of Van Winkle’s “Ice
Ice Baby.” At the time, the idea of different songwriters taking credit even
though they may never have worked together (or even met) was novel, though, today,
this
is commonplace.
“Under Pressure”
“Ice Ice
Baby”
Producers of the 1984 comedy film, “Ghostbusters,” asked Huey
Lewis and the News to write the film’s theme song, but Lewis declined and the offer
went
to Ray Parker Jr, who wrote the now-famous theme song with the iconic “Who you gonna
call?” But the song’s riff (i.e. its recognizable catchy musical phrase) sounded
similar
to the melody of Lewis' “I
Want a
New Drug.” Lewis and Parker reached a settlement in 1995, but in 2001, Lewis
broke a confidentiality agreement that was part of the settlement, prompting Parker
to
sue him.
“I Want a New Drug”
“Ghostbusters”
Guitarist Joe Satriani sued Coldplay for using “substantial portions'' of his 2004
song
“If I Could Fly” for their
hit
“Viva La Vida.'' Coldplay’s tune was among the biggest sellers of the year and won
the
band many awards—the band denied
plagiarism. The case was eventually settled out of court, and the terms of
the
settlement were not made public. But it was thought that Coldplay had agreed to give
Satriani a songwriting credit on “Viva La Vida,” and that
he
would receive royalties from the song's sales.
“Viva La Vida” also had similar elements to Yusuf Islam’s "Foreigner Suite". In
2017,
the German electronic band Kraftwerk pointed out that Coldplay's song, "Talk"
resembled
parts of their song "Computer Love."
“If I Could Fly”
“Viva La
Vida”
Cameroonian musician Manu Dibango filed
lawsuits against both Michael Jackson and Rihanna for taking parts of his “Soul Makossa” without
permission. Jackson, he said, used parts on the 1983 hit “Wanna Be Startin'
Something.”
Rihanna later sampled the Jackson hit and asked Jackson for permission, but not
Dibango
– who took them both to court. Ironically, the publicity changed Dibango’s life for
the
better, as he pointed out: “I was invited by the musical fraternity in the United
States
to play all over the country. Suddenly, I was a
star.”
“Soul Makossa”
“Wanna Be
Startin’ Somethin”
“Blurred Lines,” a 2013 song
by Robin Thicke (feat. Pharrell Williams) was the subject of a long court case that
concluded in 2018 when a judge ordered Thicke and Williams to pay nearly $5m to Marvin
Gaye’s estate. Gaye’s family had sued Thicke and Williams for infringement of copyright
of Gaye’s 1977 “Got to Give It
Up”. The rapper —T.I. — was also featured on the song, but was cleared. Gaye’s
estate won a percentage of the royalties of “Blurred Lines”.
“Got to Give It Up”
“Blurred
Lines”
Led Zeppelin’s singer Robert Plant apparently saw the American band Spirit play in
Birmingham, England in 1970. Years later, Spirit claimed Zeppelin had taken a
prominent
chord sequence on its 1968 tune “Taurus,” and used it for
the
opening riff of their “Stairway to
Heaven.” After a six-day trial in
2016, the jury rejected the claim that lead guitarist and singer Jimmy Page
and
Robert Plant had plagiarized the song. Evidence went so far as to feature Page’s
sizable
record collection, but the jury found the two songs to be “not intrinsically
similar”.
For technical reasons, the case dragged on and the British rockers were not cleared
until four years later, in 2020.
“Taurus”
“Stairway
to Heaven”
A Sydney judge ordered Australian band Men at Work to pay 5% of the royalties for
their
1980s hit “Down Under” to Larrikin Music. Larrikin Music held the copyright for the
song
“Kookaburra Sits in the Old
GumTree”, Marion Sinclair’s 1934 children's song about a kingfisher native
to
Australia. The track has since become a well-known folk song and is often performed
in
schools. Sinclair died in 1988, but Larrikin Music filed a copyright lawsuit asking
for
60%. In 1983, “Down
Under” and the album it was on, Business As Usual, topped the Australian,
American and British charts. The case had a tragic coda: Greg Ham — who played flute
on
“Down Under” — died in 2012 after struggling with alcohol and fellow Men at Work
member,
Jim Hay, died in 2010. His son argued that the anxiety brought on by the case
contributed to both deaths.
“Kookaburra Sits in the Old
GumTree”
“Down
Under”
British band Radiohead sued Lana Del Rey over her song “Get Free,” which the band
argued borrowed too heavily from its 1993 hit “Creep”. Perversely,
Radiohead
had been sued over the very same song. Albert Hammond and Mike Hazlewood, who wrote
The
Hollies’ 1974 hit “The Air
That I
Breathe,” argued that the song itself borrowed from them. Hammond and
Hazlewood
received a writer’s credit on “Creep”. Radiohead rejected Del Ray’s offer of 40% of
the
song's royalties, but the two parties eventually settled peaceably.
“The Air That I Breathe”
“Creep”
“Get
Free”
In April 2022, Ed Sheeran won a British court battle over his hugely successful “Shape
of You” after being accused of plagiarizing little-known songwriters Sami
Chokri
and Ross O’Donoghue’s “Oh
Why”. It was concluded that Sheeran had “neither deliberately nor
subconsciously” copied their song. However, in 2017, he credited writers of the TLC
song
“No Scrubs” to his song
“Shape of You” after
similarities had been heard. No legal case was brought against him then. Also in
2017,
Sheeran settled with songwriters of the Matt Cardle tune “Amazing” after they
accused
Sheeran of taking parts for his song “Photograph”. After that, Sheeran was the
subject
of several plagiarism cases.
“Oh Why”
“Shape
of You”
Ed Sheeran successfully demonstrated his originality as a songwriter and won his
case in
a New York court, where, it was claimed, he had the temerity to tamper with
greatness.
The relatives of Marvin Gaye (1939-84) contended that Sheeran had copied some of
Gaye’s
canonical 1973 tune “Let’s Get
It
On” for his own “Thinking
Out Loud.” Gaye’s song was co-written with Ed Townsend and, over the years,
has
engendered nearly 60 covers. It was alleged Sheeran and his co-writer Amy Wadge
copied
parts for their song. But after a week-long hearing, the jury decided that Sheeran
had
not.
“Let’s Get It On”
“Thinking
Out
Loud.”
[Bella Bible edited
this
piece.]
Credits
Written by Ellis
Cashmore
Produced by Atul Singh
Art and
design by Lokendra Singh
Images courtesy of Shutterstock and Creative Commons