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.

[HMc]

I'm surprised that such a hotshot hollywood executive who knows more about IP than but a mere few on the planet (earth) would use a case to make a point when he wasn't aware that the case didn't actually make it to judgement.

[DaneMcCloud]

Originally Posted by HMc

I'm surprised that such a hotshot hollywood executive who knows more about IP than but a mere few on the planet (earth) would use a case to make a point when he wasn't aware that the case didn't actually make it to judgement.

So, given your one person post from 2004, we're supposed to assume exactly what?

The bottom line is that copyright law is copyright law. If Coldplay and Satriani agree to terms outside of a jury ruling, are we to assume that the law didn't apply? The same laws apply to Jagger/Richards and The Verve.

Give me a ****ing break.

[HMc]

Originally Posted by DaneMcCloud

Yeah for Wikipedia and websites.

Go **** yourself.

Your retort to being called out on seemingly knowing sweet-fuck-all about the Bittersweet Symphony case is that I've used the internet to collect some basic facts about it?

I'd rather use the simple resources in the time available to learn what basically occurred than spew complete excrement and hope people will blindly eat it up because I've talked up how important I used to be in the entertainment industry.

[DaneMcCloud]

Furthermore, it appears that you can't even use Google effectively, ****:

Originally, The Verve had negotiated a license to use a sample from the Oldham recording, but it was successfully argued that the Verve had used 'too much' of the sample.^[4] Despite having original lyrics, the music of "Bitter Sweet Symphony" is largely based on the Oldham track (the song uses the sample as its foundation and then builds upon, though the continuous riff is Ashcroft's creation), which led to a lawsuit with ABKCO Records, Allen Klein's company that owns the rights to the Rolling Stones material of the 1960s. The matter was eventually settled, with copyright of the song reverting to ABKCO and songwriting credits to Jagger and Richards.

In a Cash For Questions interview with Q magazine in 1998, Keith Richards was asked if he thought it was harsh taking all The Verve's royalties from Bitter Sweet Symphony to which he replied, "I'm out of wack here, this is serious lawyer shit. If The Verve can write a better song, they can keep the money."

[DaneMcCloud]

Originally Posted by HMc

YI'd rather use the simple resources in the time available to learn what basically occurred than spew complete excrement and hope people will blindly eat it up because I've talked up how important I used to be in the entertainment industry.

I'll tell you what you little piece of crocodile, criminal shit: I'll put my assets, bank account and life up against your pitiful existence any day of the week.

Again, go **** yourself.

It's all you've got.

[HMc]

Originally Posted by DaneMcCloud

The bottom line is that copyright law is copyright law.

How incredibly insightful. Contentious copyright matters are still contested in court, and the fact that some may settle with the outcome becoming public does not give the court a ruling to use as persuasive or binding precedent in later cases.

Parties to Litigation settle out of court for all sorts of reasons - one of those reasons is sometimes that they would not have the money to see the matter through trial. It's quite possible that Ashcroft et al found themselves in this position.

If Coldplay and Satriani agree to terms outside of a jury ruling, are we to assume that the law didn't apply? The same laws apply to Jagger/Richards and The Verve.

Certainly - but using the latter as an example of "case law" is flat out wrong, because, yknow, it isnt.

[HMc]

Originally Posted by DaneMcCloud

I'll tell you what you little piece of crocodile, criminal shit: I'll put my assets, bank account and life up against your pitiful existence any day of the week.

Again, go **** yourself.

It's all you've got.

Wow, you really are a pathetic big-noting wanker, aren't you?

[DaneMcCloud]

Originally Posted by HMc

It's quite possible that Ashcroft et al found themselves in this position.

Conjecture, again.

[DaneMcCloud]

Originally Posted by HMc

Wow, you really are a pathetic big-noting wanker, aren't you?

If you say so.


Apparently, you've seen yourself as my personal judge and jury since you joined the 'Planet.

[HMc]

Originally Posted by DaneMcCloud

If you say so.


Apparently, you've seen yourself as my personal judge and jury since you joined the 'Planet.

Is this why you're so angry, Dane, because I've called you out for being a tosser previously?

Having lots (or not lots, who would know)of money and living on the pacific ocean doesn't really mean shit around these parts, especially if you constantly go around telling people about it.

[Pitt Gorilla]

In related news, Saliva is suing itself for plagiarism as all of their new songs sound exactly like their old ones.

[DaneMcCloud]

Originally Posted by HMc

Is this why you're so angry, Dane, because I've called you out for being a tosser previously?

Having lots (or not lots, who would know)of money and living on the pacific ocean doesn't really mean shit around these parts, especially if you constantly go around telling people about it.

Being a complete and utter dumb**** doesn't really go to far around here, either.

Anyone can spot a phony, such as yourself.

[DaneMcCloud]

Originally Posted by Pitt Gorilla

In related news, Saliva is suing itself for plagiarism as all of their new songs sound exactly like their old ones.

Copying someone else: Plagiarism.

Copying yourself: Style.

[HMc]

Originally Posted by DaneMcCloud

Anyone can spot a phony, such as yourself.

Phony, as in, holding yourself out to be something that you aren't? That kind of phony?

You've made a fairly good fist of that in this thread, actually.

[DaneMcCloud]

Originally Posted by HMc

Phony, as in, holding yourself out to be something that you aren't? That kind of phony?

You've made a fairly good fist of that in this thread, actually.

Yeah, because I haven't stated copyright law in US in this thread or for the past 8 years.

JFC, I used to argue with all of the old timers about illegal downloading while working Uni and Paramount and the old KC Star board and early on in this forum.

You need a new schtick. It's getting old.