Archive for the ‘litigated’ Category

Men at Work vs. Marion Sinclair

Tuesday, July 6th, 2010

My friend Mike just brought this to my attention via an AP news report.

I’m not sure I even agree with these similarities but the judge has ruled. Australian rock band Men at Work has plagiarized the Australian nursery rhyme ”Kookaburra Sits In The Old Gum Tree“.

SYDNEY (AP) – A judge ordered Australian band Men at Work on Tuesday to hand over a portion of the royalties from their 1980s hit “Down Under,” after previously ruling its distinctive flute riff was copied from a children’s campfire song. . . “Kookaburra” was written more than 70 years ago by Australian teacher Marion Sinclair for a Girl Guides competition, and the song about the native Australian bird has been a favorite around campfires from New Zealand to Canada…

The following “Kookaburra” recording is from this collection of nursey ryhmes.

“Kookaburra Sits In The Old Gum Tree” (1934)
Men at Work – “Down Under”  (1981)

Black Eyed Peas vs. Phoenix Phenom

Friday, January 29th, 2010

Patrick just sent me this article from ChicagoBreakingNews.com

Apprently the Black Eyed Peas are being sued by Songwriter Manny Mohr and singer Ebony Batts (aka Phoenix Phenom) for the similarity of their song “Boom Dynamite” (2008) and the Black Eyed Peas hit “Boom Boom Pow” (2009);

” ‘Boom Boom Pow,’ as a whole, is substantially similar to ‘Boom Dynamite,’ and the hook portions of both songs are so strikingly similar that there can be no other reasonable explanation but that the Black Eyed Peas copied plaintiffs’ song,” the suit states.

Mohr and Batts note that they released “Boom Dynamite” in January 2008 and posted a video to YouTube around the same time. They then submitted the song to Interscope Records, the Peas’ record label, as part of a package intended to get band member Stacy Ann Ferguson, also known as Fergie, to sing on a track with Batts.

Chicago Breaking News Center

The Huffington Post also reports that the,  ”lawsuit, filed this week, seeks damages from each of the Peas individually, as well as from Interscope and Universal Music Group. They are also asking for a share of the profits and future songwriting credit.

Here are a few snippets from both tracks:

Phoenix Phenom – “Boom Dynamite” (2008)
Black Eyed Peas – “Boom Boom Pow” (2009)

I made these clips because the chorus breaks in both song are both using an auto-tune/vocoder type of effect:

Phoenix Phenom – “Boom Dynamite” (2008)
Black Eyed Peas – “Boom Boom Pow” (2009)

Kelly Osbourne vs. Visage

Saturday, November 28th, 2009

Submitted by Steven

Kelly Osbourne’s 2005 new wave style single “One Word” caused a bit of controversy resulting in  an out of court settlement with the group Visage for their 1980 hit “Fade to Grey”. They even both feature French female spoken word over some of the music!

Kelly Osbourne- “One Word” (2005)
Visage – “Fade to Grey” (1980)

“French Intros”

Kelly Osbourne- “One Word” (2005)
Visage – “Fade to Grey” (1980)

Guns N’ Roses vs. Ulrich Schnauss

Wednesday, October 7th, 2009

This one popped up in the news today.

Ulrich Schnauss, a German electronic artist, filed suit against Guns N’ Roses, saying that its song “Riad N’ the Bedouins” includes unauthorized samples of his tracks “Wherever You Are” and “A Strangely Isolated Place.” But in a statement, the manager Irving Azoff said that the band “vigorously contests these claims.”

source: New York Times

Hear for yourself:

Ulrich Schnauss – “Wherever You Are” (2007)
Guns N’ Roses – “Riad N’ the Bedouins” (1994-2008?)
Ulrich Schnauss – “A Strangely Isolated Place” (2003)
Guns N’ Roses – “Riad N’ the Bedouins” (1994-2008?)

Radiohead vs. The Hollies

Wednesday, September 16th, 2009

All of these years I assumed the mysterious, melancholic verse of Radiohead’s “Creep” was a signature sound. The haunting progression was lifted straight off the 1974 Hollies hit The Air That I BreathePablo Honey’s linear notes credit the original songwriters.

The Hollies- “The Air That I Breathe” (1974)
Radiohead – “Creep” (1992)

The Flaming Lips vs. Cat Stevens

Friday, June 8th, 2007
Cat Stevens – “Father & Son” (1970)
Flaming Lips – “Fight Test” (2003)
The Flaming Lips will split royalties for the song “Fight Test” with Yusuf Islam (formerly Cat Stevens) according to the terms of an agreement between the two artists’ publishing companies. The settlement stems from the similarity between the Lips’ new single and Stevens’ 1970 song “Father and Son.”

Excerpt from Flaming Lips Avoid Cat Fight on RollingStone.com