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12-05-2008, 11:38 AM | |
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Joe Satriani Sues Coldplay for Plagiarism
http://www.mtv.com/news/articles/160...coldplay.jhtml
Dec 5 2008 9:27 AM EST Coldplay Sued By Joe Satriani For Allegedly Plagiarizing 'Viva La Vida' Melody Guitarist claims the Grammy-nominated song is a rip-off of his track 'If I Could Fly.' By Gil Kaufman Not long after Coldplay's Viva la Vida album hit shelves this summer, the blogosphere exploded with suggestions that the title track bore a striking resemblance to a 2004 instrumental track by rock guitarist Joe Satriani titled "If I Could Fly." Now, Satriani has accused the band of copyright infringement in a lawsuit filed on Thursday in Los Angeles federal court, according to a Reuters report. A day after the Coldplay album was nominated for seven Grammys, including Record and Song of the Year for "Viva la Vida," Satriani's suit claims that "Viva" incorporates "substantial original portions" of his track "If I Could Fly," from the Is There Love in Space? album. |
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12-06-2008, 10:53 PM | #61 |
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Dane, what does Case Law say in this matter?
I don't care about the rest of the stuff in this thread, I'd agree w/ whatever Case Law says about intentional or unintentional plagiarism. |
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12-06-2008, 11:14 PM | #62 |
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Not necessarily.
You could write a song, record it and apply for US copyrights. No one but your friends and family may ever hear the song, but you own the copyright to that song. Before a song is released to the general public, a lawyer will recommend that you copyright your material, regardless of whether or not you have a publisher. If you material is released through a record label it's very likely that you will or would have signed a publishing deal with a music publishing company and at that time (for as long as the contract states), the music publishing company owns the copyright and can exploit the song as they see fit. Once that deal is signedm the music publisher will take (in this instance) 25% of the song earnings (royalties) for administering (i.e., collecting) royalties. Advances on future earnings are very common as well (sometimes into the millions). As I stated earlier, if a judgment is made in Satriani's favor, Coldplay will NOT be "cutting checks" to him. The music publisher will re-assign the rights to the song so that future earning reflect his share. Any royalties due would be paid to Satch by the publishing company but that amount will be recoupable by Coldplay. So for example, if that song has generated $4 million in revenues, Coldplay's account would be given a negative balance (unrecouped). Coldplay would then need to earn $4 million and one dollar before receiving any further royalties from publishing. |
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12-06-2008, 11:16 PM | #63 | |
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Quote:
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12-06-2008, 11:17 PM | #64 | |
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Jagger/Richards own ALL of the Verve's song "Bittersweet Symphony", There are too many cases of plagiarism to cite. The bottom line IMEO is that Satriani definitely has a case and as stated earlier, I'd be shocked if he wasn't awarded a share of the song. |
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12-06-2008, 11:18 PM | #65 | |
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Looks like I've got some reading to do. |
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12-06-2008, 11:27 PM | #66 | |
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Coldplay would have deep pockets. Additionally, bittersweet symphony was a sampling case. |
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12-07-2008, 12:24 AM | #67 | |
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It isn't about "pocketbooks". JFC. It's PROTECTION. |
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12-07-2008, 12:35 AM | #68 |
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The Verve case isn't exactly parallel, since the issue was an actual sample of a Rolling Stones song, not a ripped-off chord progression.
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12-07-2008, 12:35 AM | #69 | |
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But you're right, my grasp of American copyright and IP law is probably fairly weak, why the hell would I know anything about it? I'd still like to see the relevant legislation, if that's where your "Lyrics an Melody" test is from. If it's a test from a case - I'd like to see that aswell. |
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12-07-2008, 12:47 AM | #70 | |
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I was surprised at that ruling, honestly. But it just goes to show that the courts don't mess around. |
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12-07-2008, 12:49 AM | #71 | |
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And while you're at it, go **** yourself. ****. |
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12-07-2008, 12:53 AM | #72 |
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12-07-2008, 12:55 AM | #73 |
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12-07-2008, 01:01 AM | #74 | |
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And, according to http://www.conceptart.org/forums/showthread.php?t=60402 , my guess about the band lacking the finances to fight the legal battle was spot on. I doubt you know half as much as you claim to do, regardless of your supposed career. |
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12-07-2008, 01:03 AM | #75 | ||
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Go **** yourself. Quote:
Now, go **** yourself. |
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