Music Joe Satriani Sues Coldplay for Plagiarism - Page 14

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.

DJ's left nut · 09-16-2009, 10:11 PM

Quote:

Originally Posted by phillip

Could be different in CA...but honestly, I don't care enough to research CA copyright law, so I'll leave that to you guys if you want to hash it out.

I was just making a quick point since I thought it was funny we had just studied this briefly. You called out my class saying there couldn't possibly be an ordinary person standard. Obviously, that standard exists in an least some jurisdictions.

I'm going to bed, lol.

In fairness, I said it couldn't apply if the jurisdiction adopted an intentional malfeasance standard, which is the assumption we were operating under.

Have a good night.

Time's Yours · 09-16-2009, 10:40 PM

Actually, I decided to find some CA law real quickly, lol.

You still don't have to prove intent:
"Absent direct evidence of copying, proof of infringement involves fact-based showings that the defendant had “access” to the plaintiff's work and that the two works are “substantially similar.”

"Proof of the substantial similarity is satisfied by a two-part test of extrinsic similarity and intrinsic similarity. See Krofft, 562 F.2d at 1164. Initially, the extrinsic test requires that the plaintiff identify concrete elements based on objective criteria. See Smith, 84 F.3d at 1218; Shaw, 919 F.2d at 1356. The extrinsic test often requires analytical dissection of a work and expert testimony. See Apple Computer, Inc. v. Microsoft Corp., 35 F.3d 1435, 1442 (9th Cir.1994). Once the extrinsic test is satisfied, the factfinder applies the intrinsic test. The intrinsic test is subjective and asks “whether the ordinary, reasonable person would find the total concept and feel of the works to be substantially similar.”

Even though you were just operating under an [invalid] assumption, I still think it was rude to say you were "unimpressed" with my class like that.

Anyway, no harm, no foul. I just skimmed the above case quickly, but here's the cite:
212 F.3d 477

You have a good night too.

**Baby Lee** · 10-02-2009, 05:20 PM

Quote:

Originally Posted by Baby Lee

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

Closed out the last episode of Fringe.

**Baby Lee** · 12-06-2013, 08:31 PM

Is it just me, of does the instrumental/backing of this song sound A LOT like another pre-existing song? At the very least the chord progression.

For those who can't place what I'm talking about.

Spoiler!

DaveNull · 12-07-2013, 10:21 AM

I'd agree. It came to mind before I clicked the spoiler link to see what you were thinking.

Imon Yourside · 12-08-2013, 11:44 PM

Quote:

Originally Posted by Baby Lee

Is it just me, of does the instrumental/backing of this song sound A LOT like another pre-existing song? At the very least the chord progression.

For those who can't place what I'm talking about.

Spoiler!

This Monkeys gone to heaven.

**Baby Lee** · 12-08-2013, 11:52 PM

Quote:

Originally Posted by KILLER_CLOWN

This Monkeys gone to heaven.

Right band and album, wrong song.

Imon Yourside · 12-09-2013, 12:03 AM

Quote:

Originally Posted by Baby Lee

Right band and album, wrong song.

Yes I know, the only song I can remember currently from them though.

Valiant · 12-09-2013, 12:20 AM

Umm

Happens all the time..

Someone did a study breaking down all the big hit songs, Like seven formulas, follow this and you get people loving them from what I remember reading..

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

09-16-2009, 10:40 PM	#197
Time's Yours Starter Join Date: Dec 2006 Casino cash: $7847317	Actually, I decided to find some CA law real quickly, lol. You still don't have to prove intent: "Absent direct evidence of copying, proof of infringement involves fact-based showings that the defendant had “access” to the plaintiff's work and that the two works are “substantially similar.” "Proof of the substantial similarity is satisfied by a two-part test of extrinsic similarity and intrinsic similarity. See Krofft, 562 F.2d at 1164. Initially, the extrinsic test requires that the plaintiff identify concrete elements based on objective criteria. See Smith, 84 F.3d at 1218; Shaw, 919 F.2d at 1356. The extrinsic test often requires analytical dissection of a work and expert testimony. See Apple Computer, Inc. v. Microsoft Corp., 35 F.3d 1435, 1442 (9th Cir.1994). Once the extrinsic test is satisfied, the factfinder applies the intrinsic test. The intrinsic test is subjective and asks “whether the ordinary, reasonable person would find the total concept and feel of the works to be substantially similar.” Even though you were just operating under an [invalid] assumption, I still think it was rude to say you were "unimpressed" with my class like that. Anyway, no harm, no foul. I just skimmed the above case quickly, but here's the cite: 212 F.3d 477 You have a good night too.
Posts: 510

12-06-2013, 08:31 PM	#199
Baby Lee Supporter Join Date: Aug 2000 Casino cash: $6838598	Is it just me, of does the instrumental/backing of this song sound A LOT like another pre-existing song? At the very least the chord progression. For those who can't place what I'm talking about. Spoiler! __________________ We need the kind of courage that can withstand the subtle corruption of the cynics - E.W.
Posts: 95,642

12-07-2013, 10:21 AM	#200
DaveNull Veteran Join Date: Nov 2011 Location: Villa Straylight Casino cash: $10005610	I'd agree. It came to mind before I clicked the spoiler link to see what you were thinking.
Posts: 2,367

12-09-2013, 12:20 AM	#204
Valiant Valiant 'The Thread Killer' Join Date: Jun 2001 Location: Kansas City Casino cash: $6422380	Umm Happens all the time.. Someone did a study breaking down all the big hit songs, Like seven formulas, follow this and you get people loving them from what I remember reading..
Posts: 18,352