Same old song
Debate over copyright litigation in the music industry continues
Matthew Good didn’t need very long before he was certain Simple Minds ripped him off.
Hearing the opening notes of the Scottish rock band’s 2002 single “Cry,’’ he recognized a hook that was unmistakably similar — identical, even — to the guts of his band’s “Indestructible,’’ recorded five years earlier.
“They basically took ‘Indestructible’ note for note,’’ Good recalled in a recent interview. “They completely admitted they were in the wrong.’’
Even knowing that, Good decided against suing the band, whose mega-hit “Don’t You (Forget About Me)’’ made them international stars. He chalked it up to a mistake by the album’s producer rather than malicious intent and doesn’t get paid royalties off the track.
“Let’s face it, mathematically there are only a certain number of chord progressions you can do,’’ he explained.
“But that said, there are always many ways to work around (the similarities).’’
Plagiarism allegations are frequently a hot topic in the music industry, but rarely does the conversation leak outside recording studios quite as it has in recent memory.
In January, Lana Del Rey defended her moody ballad “Get Free’’ on Twitter saying Radiohead wanted royalties for its similarity to their hit “Creep.’’ She felt her song was an original work that wasn’t inspired by the rock smash hit, which itself was subject to a copyright settlement over sounding like
the Hollies’ 1970s track “The Air That I Breathe.’’
Del Rey’s dispute sparked widespread debate on social media as music fans rushed to YouTube and streaming services to deliver their own verdicts.
Raine Maida of Our Lady Peace was among those who were stunned by the parallels.
“I love Lana, but I listen to that and there’s just too many steps where it’s like, ‘OK the chords are the same, the melody, the way it goes in the chorus,’’’ he said.
“I think there’s honest mistakes and then those types of things.’’
But Maida acknowledges it’s difficult to parse some of these cases, especially since songwriters can hear a golden oldie on the radio and find themselves accidentally writing a melody that resembles it months later.
“When you start piling on things that are all similar from a song, that’s dangerous ground,’’ he said. “That’s the difference between being inspired and theft.’’
Three years ago, a jury awarded Marvin Gaye’s children over US$7 million after examining the sound of “Blurred Lines,’’ a massive radio hit from pop singers Robin Thicke and Pharrell. They ultimately decided the songwriters copied Gaye’s 1977 song “Got to Give It Up.’’
Steven Page, ex-member of the Barenaked Ladies, still bristles at the thought of how that case may have stymied artistic creativity and encouraged more litigation.
“It’s really dangerous for writers,’’ he said, pointing to evidence that even the Beatles pulled from Motown in their catalogue.
“I don’t think you should be able to copyright a vibe or a feel because that’s what’s in the ether. Melodies and lyrics? Yes, those are absolutely copyrightable.’’
His former bandmate Ed Robertson sees it a little differently and considers it a trend in today’s popular music to “all but copy something else.’’