Joe Satriani Sues Coldplay for Plagiarism

[Braincase]

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.

[The Franchise]

Originally Posted by mcan

This is totally accidental and there are probably at least 100 songs out there that are exactly the same as these two.

Here are the chords.
C - D - G - emin


The melody is only the same for three notes over the first two chords. After that, they are actually pretty different melodies, but of course the two harmonize together since they're played out of the same scale and over the same chords. Satch knows this wasn't done on purpose. He's well aware of how generic the two songs are and how common that melody is over these chords.

Then why is he suing?

[Reaper16]

Originally Posted by Laz

song sounds great on the youtube link where they actually play the 2 songs at the same time.

the guitar fills out the song nicely

http://www.youtube.com/watch?v=w3kytzHrKpo&NR=1

His full-version mash-up.

[Demonpenz]

Why don't they just tour together. make a zillion dollars and call it a day. Hell might even make coldplay bareable for those of us who like a silky smooth vagina over a brazen hard asshole

[DaneMcCloud]

Originally Posted by mcan

This is totally accidental and there are probably at least 100 songs out there that are exactly the same as these two.

Here are the chords.
C - D - G - emin


The melody is only the same for three notes over the first two chords. After that, they are actually pretty different melodies, but of course the two harmonize together since they're played out of the same scale and over the same chords. Satch knows this wasn't done on purpose. He's well aware of how generic the two songs are and how common that melody is over these chords.

After actually hearing the comparison, there is no doubt in my mind that Satriani will receive a share of the royalties for this song.

The letter of the law states "Lyrics and Melody". The melodies are nearly identical throughout, as is the tempo and arrangement. That is NOT accidental.

Furthermore, while don't think this is "intentional", it did happen. Chris Martin probably heard the Satriani song in passing years ago, only to write his version years later. A lot of times, composers don't understand where the "music comes". I'm sure he wrote it not realizing that he'd heard that melody and song at some point in years past.

Regardless, I'd be shocked if the judge didn't award 50% of the royalties and copyright credit to Joe Satch.

[Reaper16]

Originally Posted by DaneMcCloud

Regardless, I'd be shocked if the judge didn't award 50% of the royalties and copyright credit to Joe Satch.

Yeah, its hard for me to see how Satch wouldn't receive some percentage of the royalties. And you would know more than I would.

[Silock]

I just let my wife listen to this (she's a huge Coldplay fan) and she goes "They don't sound anything alike."

I called her reeruned, kicked her out of the room and now she's pissed at me. Oh well. It was worth it.

[Mr. Flopnuts]

Originally Posted by DaneMcCloud

After actually hearing the comparison, there is no doubt in my mind that Satriani will receive a share of the royalties for this song.

The letter of the law states "Lyrics and Melody". The melodies are nearly identical throughout, as is the tempo and arrangement. That is NOT accidental.

Furthermore, while don't think this is "intentional", it did happen. Chris Martin probably heard the Satriani song in passing years ago, only to write his version years later. A lot of times, composers don't understand where the "music comes". I'm sure he wrote it not realizing that he'd heard that melody and song at some point in years past.

Regardless, I'd be shocked if the judge didn't award 50% of the royalties and copyright credit to Joe Satch.

I hope you're right.

[mcan]

Originally Posted by Braincase

Name four other songs with that riff and that tempo and I'll side with your argument. If you check out the youtube link in the original post, you'll understand why Joe has a good case. You could have them both perform at the same time on the same stage... and you'd go away believing that at least one person on the stage knew what he was doing.

Here's one.
http://www.youtube.com/watch?v=G57CgtX-BsI

Once it gets to the verses. The guitar melody is the same for the first two chords. The rest is different enough that the casual listener won't compare the two, but the parts that are similar are the exact same parts. The same three notes being played over the same two chords for the same duration. It happens a lot.

[DaneMcCloud]

Originally Posted by mcan

Here's one.
http://www.youtube.com/watch?v=G57CgtX-BsI

Once it gets to the verses. The guitar melody is the same for the first two chords. The rest is different enough that the casual listener won't compare the two, but the parts that are similar are the exact same parts. The same three notes being played over the same two chords for the same duration. It happens a lot.

While the initial guitar line may be similar, 80% of the song is different. That's very unlike the Coldplay/Satriani comparison.

VERY different.

Again, letter of the law states "Lyric and Melody".

Joe most certainly has a case.

[mcan]

Originally Posted by Braincase

Name four other songs with that riff and that tempo and I'll side with your argument.

http://www.youtube.com/watch?v=sQCymJjKLsM

Here's number two.

The exact same chord progression. The vocal melody isn't the same, but the same three notes are the top line on the piano throughout. Same shit.

[mcan]

Originally Posted by DaneMcCloud

While the initial guitar line may be similar, 80% of the song is different. That's very unlike the Coldplay/Satriani comparison.

VERY different.

Again, letter of the law states "Lyric and Melody".

Joe most certainly has a case.

The only thing that is similar about the Coldplay/Satriani case is those three notes over the first two chords. I just pointed out another case where a song has those exact same three notes over the exact same first two chords. It doesn't matter how similar or how different the rest of the song is.

[mcan]

Originally Posted by DaneMcCloud

While the initial guitar line may be similar, 80% of the song is different. That's very unlike the Coldplay/Satriani comparison.

VERY different.

Again, letter of the law states "Lyric and Melody".

Joe most certainly has a case.

I think Joe's a much better musician, and I really could care less about Coldplay. I don't listen to much modern stuff. But you're not really making an argument here man. Lyric and melody... Joe's stuff doesn't have any lyrics. Coldplay's melody is only the same for three notes. Of course, they're the hook notes and they're repeated over and over again, so you're going to latch onto those. But, I've just given two other examples where those same three notes are used in a similar fashion. As I was instructed to do.

Admittedly, I'm having trouble finding a 3rd or 4th. I've found plenty of songs that have the same progression, but none that use those exact three notes in the same spot. But I think the point is pretty clear that it's common enough that Joe shouldn't think he's got a patent on it.

[DaneMcCloud]

Originally Posted by mcan

I think Joe's a much better musician, and I really could care less about Coldplay. I don't listen to much modern stuff. But you're not really making an argument here man. Lyric and melody... Joe's stuff doesn't have any lyrics. Coldplay's melody is only the same for three notes. Of course, they're the hook notes and they're repeated over and over again, so you're going to latch onto those. But, I've just given two other examples where those same three notes are used in a similar fashion. As I was instructed to do.

Dude, look: I worked in a executive position for two of the biggest music publishing companies in the world for more than a decade. I know and understand copyright law as well or better than maybe all but a handful of people on the planet. Not Chiefsplanet, planet Earth.

Given Braincase's example, Joe Satriani ABSOLUTELY has a case. Not only can you lie the songs over each other to hear the similarities, they're the same exact tempo and same exact structure. Chris Martin's melody is a near perfect match for Satriani's guitar line.

Huey Lewis won a similar case in the 1980's. The "Ghostbuster's Theme" was deemed a copy of "I Want a New Drug" and Lewis was awarded royalties and copyrights and IMO, Satriani has a stronger case.

Again, I'd be absolutely SHOCKED if Satriani weren't granted 50% of the copyrights to the Coldplay song.

[DaneMcCloud]

Originally Posted by mcan

But I think the point is pretty clear that it's common enough that Joe shouldn't think he's got a patent on it.

It's not a patent: It's a copyright.

And yes, Satriani DOES own the copyright to his song.

[RaiderH8r]

Originally Posted by DaneMcCloud

Dude, look: I worked in a executive position for two of the biggest music publishing companies in the world for more than a decade. I know and understand copyright law as well or better than maybe all but a handful of people on the planet. Not Chiefsplanet, planet Earth.

Given Braincase's example, Joe Satriani ABSOLUTELY has a case. Not only can you lie the songs over each other to hear the similarities, they're the same exact tempo and same exact structure. Chris Martin's melody is a near perfect match for Satriani's guitar line.
Huey Lewis won a similar case in the 1980's. The "Ghostbuster's Theme" was deemed a copy of "I Want a New Drug" and Lewis was awarded royalties and copyrights and IMO, Satriani has a stronger case.

Again, I'd be absolutely SHOCKED if Satriani weren't granted 50% of the copyrights to the Coldplay song.

That part...right there is exactly why Coldplay will be cutting checks to Satriani.

Yeah, the cord progression is pretty basic and if they were the same and that was all it was then that would be it. But because of the structure, tempo, melody being the f'ing same it's a rip job and Coldplay's sucktitude continues to be confirmed.

I'm pretty sure Vanilla Ice ended up cutting a check to Queen for about 7 notes in Ice Ice Baby as well.