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Old 12-05-2008, 11:38 AM  
Braincase Braincase is offline
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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.


Satriani, 52, is seeking a jury trial in the dispute, as well as damages and "any and all profits" attributable to the alleged copyright infringement. The songwriting credit on the Coldplay song is attributed to the band's four members: singer Chris Martin, bass player Guy Berryman, guitarist Jonny Buckland and drummer Will Champion. A spokesperson for Coldplay could not be reached for comment at press time.
Satriani isn't the only artist who has claimed the Coldplay song was eerily familiar. Around the time of the album's release, a lesser-known New York band named Creaky Boards claimed that Martin had attended one of their gigs and would have heard the tune "The Songs I Didn't Write," which also bears a similar melody. At the time, Coldplay's spokespeople denied that Martin was at the gig and said the band had written "Viva" several months before that show.


Here's a nice link to a youtube comparison of the two songs.


Based on my observation, Coldplay better get their checkbook out.
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Old 12-06-2008, 12:20 PM   #46
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Old 12-06-2008, 12:27 PM   #47
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Quote:
Originally Posted by Taco John View Post
You can't make it any more clear than you did. Coldplay should hire you. If I was on the jury, I'd vote in favor of Coldplay after what you just posted.
Are you joking?

Seriously?
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Old 12-06-2008, 12:28 PM   #48
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Quote:
Originally Posted by Taco John View Post
There's nothing original about a 4/4 tempo... And, for that matter, apparently that melody.
Um, apparently, you know absolutely nothing about music.
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Old 12-06-2008, 12:28 PM   #49
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Old 12-06-2008, 04:30 PM   #50
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Originally Posted by DaneMcCloud View Post
Are you joking?

Seriously?


Not at all. I thought mcan presented a pretty sound defense for Cold Play. If I was on the jury, I'd rule in their favor.

And for what it's worth, I'm a fan of Satch, and don't really listen to Coldplay.
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Old 12-06-2008, 04:32 PM   #51
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Originally Posted by DaneMcCloud View Post
Um, apparently, you know absolutely nothing about music.

I know enough to know that a 4/4 tempo isn't patented.
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Old 12-06-2008, 04:33 PM   #52
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Quote:
Originally Posted by DaneMcCloud View Post
Um, apparently, you know absolutely nothing about music.
Ding
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Old 12-06-2008, 04:35 PM   #53
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Quote:
Originally Posted by Taco John View Post
I know enough to know that a 4/4 tempo isn't patented.
Patented?

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Old 12-06-2008, 04:35 PM   #54
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Quote:
Originally Posted by Taco John View Post
Not at all. I thought mcan presented a pretty sound defense for Cold Play. If I was on the jury, I'd rule in their favor.
Then you're ****ing stupid.
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Old 12-06-2008, 06:37 PM   #55
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For once, I totally agree with everything Dane has said about something.

As a musician, I cannot fathom how anyone can NOT hear the obvious similarities.
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Old 12-06-2008, 08:33 PM   #56
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Quote:
Originally Posted by Silock View Post
For once, I totally agree with everything Dane has said about something.

As a musician, I cannot fathom how anyone can NOT hear the obvious similarities.
I hear the obvious similarities of four songs. Dane is right, they sound familiar. Mcan is right, that's because the chord arrangement is pretty generic.

As a musician, I know that C-D-G is pretty damn common too. No ballad could have been written in the last 30 years without it.
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Old 12-06-2008, 08:40 PM   #57
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Quote:
Originally Posted by Taco John View Post
I hear the obvious similarities of four songs. Dane is right, they sound familiar. Mcan is right, that's because the chord arrangement is pretty generic.

As a musician, I know that C-D-G is pretty damn common too. No ballad could have been written in the last 30 years without it.
So, if they're similar enough that you can lay one on top of the other, hear the melody of Coldplay's song follow JS' solo nearly perfectly . . . how is that not some kind of actionable legal issue?
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Old 12-06-2008, 10:04 PM   #58
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Quote:
Originally Posted by Taco John View Post
As a musician, I know that C-D-G is pretty damn common too. No ballad could have been written in the last 30 years without it.
As a musician, you're certainly no prodigy.

First off, 4/4 does NOT refer to Tempo, as I stated earlier. It refers to Time Signature. Both songs are at the same exact TEMPO, meaning the same exact beats per minute. That is exclusive from time signature. That is no coincidence.

Secondly, the case at hand has absolutely NOTHING to do with the commonality of the chord progression and EVERYTHING to do with melody and plagiarism.

Again, copyright law states "Lyrics and Melody". If the melody is identical, regardless of the underlying "chords", that's plagiarism by the book.

Comprende?

Intellectual property is a very difficult concept for most people to understand. And YES, Satriani copyrighted the melody heard in both songs four years before Coldplay. The similarities are such that Satriani most certainly has evidence of plagiarism.
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Old 12-06-2008, 10:43 PM   #59
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Quote:
Originally Posted by DaneMcCloud View Post
As a musician, you're certainly no prodigy.

First off, 4/4 does NOT refer to Tempo, as I stated earlier. It refers to Time Signature. Both songs are at the same exact TEMPO, meaning the same exact beats per minute. That is exclusive from time signature. That is no coincidence.

Secondly, the case at hand has absolutely NOTHING to do with the commonality of the chord progression and EVERYTHING to do with melody and plagiarism.

Again, copyright law states "Lyrics and Melody". If the melody is identical, regardless of the underlying "chords", that's plagiarism by the book.

Comprende?

Intellectual property is a very difficult concept for most people to understand. And YES, Satriani copyrighted the melody heard in both songs four years before Coldplay. The similarities are such that Satriani most certainly has evidence of plagiarism.
Copywrite is established at publication, correct?
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Old 12-06-2008, 10:48 PM   #60
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