Music Joe Satriani Sues Coldplay for Plagiarism - Page 5

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.

**Buck** · 12-06-2008, 10:53 PM

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.

**DaneMcCloud** · 12-06-2008, 11:14 PM

Quote:

Originally Posted by Buehler445

Copywrite is established at publication, correct?

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.

jjjayb · 12-06-2008, 11:16 PM

Quote:

Originally Posted by mcan

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

The guitar in that song sounds like Satriani's too. Should Joe be suing them too or should they be suing Joe?

**DaneMcCloud** · 12-06-2008, 11:17 PM

Quote:

Originally Posted by BuckinKaeding

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.

Huey Lewis won.

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.

**Buck** · 12-06-2008, 11:18 PM

Quote:

Originally Posted by DaneMcCloud

Huey Lewis won.

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.

I never realized that about Bittersweet Symphony...Sort of Ironic, considering the title of the song.

Looks like I've got some reading to do.

HMc · 12-06-2008, 11:27 PM

Quote:

Originally Posted by DaneMcCloud

Huey Lewis won.

Jagger/Richards own ALL of the Verve's song "Bittersweet Symphony",

That matter was settled - I imagine the Verve didnt have (at that stage) the $$$ to fight it.

Coldplay would have deep pockets.

Additionally, bittersweet symphony was a sampling case.

**DaneMcCloud** · 12-07-2008, 12:24 AM

Quote:

Originally Posted by HMc

That matter was settled - I imagine the Verve didnt have (at that stage) the $$$ to fight it.

Coldplay would have deep pockets.

Additionally, bittersweet symphony was a sampling case.

Clearly, you have no understanding of copyright law or intellectual property.

It isn't about "pocketbooks".

JFC.

It's PROTECTION.

Thig Lyfe · 12-07-2008, 12:35 AM

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.

HMc · 12-07-2008, 12:35 AM

Quote:

Originally Posted by DaneMcCloud

Clearly, you have no understanding of copyright law or intellectual property.

It isn't about "pocketbooks".

JFC.

It's PROTECTION.

I just wasn't sure why you would raise a case that was settled out of court over a different issue (sampling), when you were asked to provide case law for the purposes of establishing a precedent?

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.

**DaneMcCloud** · 12-07-2008, 12:47 AM

Quote:

Originally Posted by SportsRacer

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.

The point being that the courts side with the copyright owners.

I was surprised at that ruling, honestly. But it just goes to show that the courts don't mess around.

**DaneMcCloud** · 12-07-2008, 12:49 AM

Quote:

Originally Posted by HMc

I just wasn't sure why you would raise a case that was settled out of court over a different issue (sampling), when you were asked to provide case law for the purposes of establishing a precedent?

Case law? Go **** yourself. Huey Lewis vs. Ray Johnson wasn't enough? There are hundreds of cases. Go research them yourself, Dickbag.

And while you're at it, go **** yourself.

****.

**DaneMcCloud** · 12-07-2008, 12:53 AM

Quote:

Originally Posted by HMc

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.

Why?

Do you represent songwriters in which you're currently "bleeding"?

That wouldn't surprise me.

**DaneMcCloud** · 12-07-2008, 12:55 AM

Quote:

Originally Posted by HMc

Can we get a link to this piece of Legislation?

Google is probably difficult for a dumb**** like yourself.

Roy Junior's brighter than you.

HMc · 12-07-2008, 01:01 AM

Quote:

Originally Posted by DaneMcCloud

The point being that the courts side with the copyright owners.

I was surprised at that ruling, honestly. But it just goes to show that the courts don't mess around.

Holy crap dane, there was no ruling, the case was settled.

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.

**DaneMcCloud** · 12-07-2008, 01:03 AM

Quote:

Originally Posted by HMc

Holy crap dane, there was no ruling, the case was settled.

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.

Yeah for Wikipedia and websites.

Go **** yourself.

Quote:

Originally Posted by HMc

I doubt you know half as much as you claim to do, regardless of your supposed career.

Well as usual, you are completely ****ing wrong.

Now, go **** yourself.

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

12-06-2008, 10:53 PM	#61
Buck Take a Chill Pill Join Date: Nov 2006 Location: South Carolina Casino cash: $8329900	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.
Posts: 44,562

12-07-2008, 12:35 AM	#68
Thig Lyfe Banned Join Date: Jan 2004 Location: Thigpen's America Casino cash: $10004900	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.
Posts: 25,680