Music Joe Satriani Sues Coldplay for Plagiarism - Page 11

Braincase · 12-05-2008, 11:38 AM

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.

Braincase · 12-22-2008, 07:49 AM

Quote:

Originally Posted by DJ's left nut

When reached for comment, Chris Martin vehemently denied any allegations of wrongdoing.

"The accusations that I have stolen any protected material are patently absurd, I write the songs that make the whole world sing."

I write the songs of love and special things...
I write the songs that make the young girls cry... (except for Gwynneth)
I write the songs, I write the songs...

I wonder if he's been alive forever? Does he put the words and the melodies together?

patteeu · 01-30-2009, 09:36 AM

Speaking of "influences" does anyone recognize a Suicidal Tendencies influence in Puddle of Mudd's "She Hates Me"? I'm not saying it's legally prohibited plagarism, but a good part of the two songs sound like the same tune to me for practical purposes.

"I Saw Your Mommy" from Suicidal Tendencies' "Still Cyco After All These Years" (1993):

"She Hates Me" from Puddle of Mudd's "Come Clean" (2001)

**Baby Lee** · 05-03-2009, 04:53 PM

Quick question, anyone else picturing Bubb Rubb and Li'l Sis filing suit against The Blackeyed Peas for Boom Boom Pow?

I got that boom-boom boom . . .

It's like woot-woooohhhh, woot-wooooh!!

htismaqe · 05-04-2009, 08:13 AM

Quote:

Originally Posted by Baby Lee

Non Sequitur Theatre: Guess who agreed to pay these guys royalties.

To be fair, I'm pretty sure the guy from the Hollies that wrote that song got songwriting credit in the liner notes.

In other words, there was not any legal action - Thom Yorke openly admitted to borrowing from the song and gave credit when the album was released.

Nightwish · 05-04-2009, 10:21 AM

Quote:

Originally Posted by DaneMcCloud

Regarding Vanilla Ice, he "sampled" the David Bowie/Freddie Mercury song. Before ANY royalties can be paid (mechanical, performance or sync), the song splits must be agreed upon by all interested parties (in this case, Bowie, Mercury and "Ice").

What ended up actually happening with that case? I seem to remember that when the controversy first arose, Vanilla Ice was publically proclaiming that it wasn't the same line, that each second repeat has a whole extra note in it (which it does), and that it wasn't borrowed or sampled from Queen (though one would have to be an idiot to believe that it wasn't, especially since each couplet also included the two piano notes at the end). Did that get settled in court or out?

**Baby Lee** · 05-04-2009, 12:41 PM

Quote:

Originally Posted by htismaqe

To be fair, I'm pretty sure the guy from the Hollies that wrote that song got songwriting credit in the liner notes.

In other words, there was not any legal action - Thom Yorke openly admitted to borrowing from the song and gave credit when the album was released.

Grab that ol' dictionary and set your peepers on non sequitur, agreed, and royalties.

htismaqe · 05-04-2009, 04:52 PM

Quote:

Originally Posted by Baby Lee

Grab that ol' dictionary and set your peepers on non sequitur, agreed, and royalties.

You're too smart for me.

kc rush · 05-04-2009, 05:29 PM

LINK

NEW YORK (Reuters) – Singer-songwriter Cat Stevens agreed on Monday that the Coldplay song, "Viva La Vida," sounds like one of his 1973 songs, but he stopped short of saying he would sue for plagiarism.

"My son brought it to my attention and said: 'Doesn't that sound like 'Foreigner Suite?'" the musician, now known as Yusuf Islam, told Reuters.

"The song definitely sounds like it," he said of his song. "It has such logical chords and the melody has to be what it is..."

Asked during a telephone interview from London whether he would pursue the issue legally, Islam, 60, said "it depends on how well Satriani does."

U.S. guitarist Joe Satriani has sued Coldplay, accusing the British band of copyright infringement. He claims substantial original portions of his song "If I Could Fly" are recycled in "Viva La Vida" and is seeking damages.

Islam, whose new album "Roadsinger," comes out on Tuesday (May 5), was unable to perform at a New York concert on Sunday because of "work permit" issues. The singer, a Muslim convert, said the problem was unrelated to his being denied entry into the United States five years ago because his name was on a government no-fly list.

"It's just been delayed by a week," he said of his trip to the United States to promote the album. "The day I was scheduled to go to the (U.S.) embassy they had implemented a new system. There were gremlins in the works, but they (U.S. officials) were all so nice."

Islam is scheduled to play one show in Los Angeles next week and appear on "The Tonight Show With Jay Leno" on May 13.

**DaneMcCloud** · 09-15-2009, 11:51 AM

The Case has been dismissed from the California court. There's some suggestion that a settlement occurred but this cannot be confirmed.

http://news.justia.com/cases/feature...v07987/432491/

**DaneMcCloud** · 09-16-2009, 01:09 AM

Quote:

Originally Posted by Taco John

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.

You lose, Taco.

But what else is new?

**DaneMcCloud** · 09-16-2009, 01:15 AM

Quote:

Originally Posted by Baby Lee

Maybe we should stop arguing with people who are in entertainment but have no legal training.

Yes, they have to prove 'intent' and 'prior knowledge,' but they're still working in the world of civil litigation where the propenderance of the evidence and reasonable inferences are well developed concepts.
In other words, Intent and prior knowledge can be 'proven' by reasonable inferences from analysis of strikingly similar, widely distributed, content.

Your take is similar to someone saying 'I can't be convicted of murder, because I haven't confessed.'

Joe couldn't win but the case was settled out of court.

Good enough for you, Barrister?

patteeu · 09-16-2009, 05:47 AM

Quote:

Originally Posted by DaneMcCloud

Joe couldn't win but the case was settled out of court.

Good enough for you, Barrister?

If he couldn't win, there probably wouldn't have been a settlement (assuming there was one).

**Baby Lee** · 09-16-2009, 06:21 AM

Quote:

Originally Posted by DaneMcCloud

Joe couldn't win but the case was settled out of court.

Good enough for you, Barrister?

WTF are you even arguing here? IIRC, I was just pointing out your 'slam dunks' weren't slam dunks in actual civil litigation, and here you're triumphally announcing how a potential compromise outside a court of law proves . . . what?

**DaneMcCloud** · 09-16-2009, 10:50 AM

Quote:

Originally Posted by Baby Lee

WTF are you even arguing here? IIRC, I was just pointing out your 'slam dunks' weren't slam dunks in actual civil litigation, and here you're triumphally announcing how a potential compromise outside a court of law proves . . . what?

What I said early on in this thread holds true: It's very difficult to prove copyright infringement in a court of law but it's likely that a settlement would be made and Satriani would receive a portion of their royalties.

The reason the courts were avoided is because it would have been costly for all parties involved and most likely, the only result would have been an outpouring of money into the court system.

With a settlement, it's a win for Satriani and it's not a public loss for Coldplay.

Neither would have been likely if this had actually gone to court.

Taco John · 09-16-2009, 12:43 PM

Quote:

Originally Posted by DaneMcCloud

You lose, Taco.

But what else is new?

I didn't lose anything. I just told you how I would vote based on the evidence that mcan presented.

12-05-2008, 11:38 AM
Braincase Banned Join Date: Aug 2001 Location: Pond> Me <Barn Casino cash: $11298284	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.
Posts: 15,429

01-30-2009, 09:36 AM	#152
patteeu The 23rd Pillar Join Date: Sep 2002 Casino cash: $10019237	Speaking of "influences" does anyone recognize a Suicidal Tendencies influence in Puddle of Mudd's "She Hates Me"? I'm not saying it's legally prohibited plagarism, but a good part of the two songs sound like the same tune to me for practical purposes. "I Saw Your Mommy" from Suicidal Tendencies' "Still Cyco After All These Years" (1993): "She Hates Me" from Puddle of Mudd's "Come Clean" (2001) __________________ “Boy, you all want power. God, I hope you never get it.” - Lindsay Graham
Posts: 110,871

05-03-2009, 04:53 PM	#153
Baby Lee Supporter Join Date: Aug 2000 Casino cash: $6838598	Quick question, anyone else picturing Bubb Rubb and Li'l Sis filing suit against The Blackeyed Peas for Boom Boom Pow? I got that boom-boom boom . . . It's like woot-woooohhhh, woot-wooooh!! __________________ We need the kind of courage that can withstand the subtle corruption of the cynics - E.W.
Posts: 95,642

05-04-2009, 05:29 PM	#158
kc rush Blah Blah Blah Join Date: Mar 2003 Location: In front of the computer. Casino cash: $4069559	LINK NEW YORK (Reuters) – Singer-songwriter Cat Stevens agreed on Monday that the Coldplay song, "Viva La Vida," sounds like one of his 1973 songs, but he stopped short of saying he would sue for plagiarism. "My son brought it to my attention and said: 'Doesn't that sound like 'Foreigner Suite?'" the musician, now known as Yusuf Islam, told Reuters. "The song definitely sounds like it," he said of his song. "It has such logical chords and the melody has to be what it is..." Asked during a telephone interview from London whether he would pursue the issue legally, Islam, 60, said "it depends on how well Satriani does." U.S. guitarist Joe Satriani has sued Coldplay, accusing the British band of copyright infringement. He claims substantial original portions of his song "If I Could Fly" are recycled in "Viva La Vida" and is seeking damages. Islam, whose new album "Roadsinger," comes out on Tuesday (May 5), was unable to perform at a New York concert on Sunday because of "work permit" issues. The singer, a Muslim convert, said the problem was unrelated to his being denied entry into the United States five years ago because his name was on a government no-fly list. "It's just been delayed by a week," he said of his trip to the United States to promote the album. "The day I was scheduled to go to the (U.S.) embassy they had implemented a new system. There were gremlins in the works, but they (U.S. officials) were all so nice." Islam is scheduled to play one show in Los Angeles next week and appear on "The Tonight Show With Jay Leno" on May 13.
Posts: 12,554

09-15-2009, 11:51 AM	#159
DaneMcCloud Supporter Join Date: Sep 2000 Location: Hollywood, CA Casino cash: $10053648	The Case has been dismissed from the California court. There's some suggestion that a settlement occurred but this cannot be confirmed. http://news.justia.com/cases/feature...v07987/432491/
Posts: 88,960