Copyright is a legal right allowing artists to protect their original works. It might protect sound recordings, recorded musical sounds, and original lyrics. The creator of the original works may try to sue other artists who sample copyrighted music without their consent.
Artists have been the focus of a copyright dispute in a number of different situations throughout history. A few of history’s most famous cases are briefly discussed in this article.
In 1963, Chuck Berry v. The Beach Boys
Berry claimed that his 1958 song “Sweet Little Sixteen” was infringed upon by The Beach Boys. “Surfin’ USA” was the Beach Boys song in question. They contended that the song did not take into account any potential legal ramifications because its purpose was to honour Berry. Because of this, Berry, rather than Brian Wilson, is credited as the songwriter on all copies of “Surfin’ USA” since 1966.
In 1970, The Chiffons v. George Harrison
In 1971, George Harrison, a former member of the Beatles, was involved in a copyright dispute. His song “My Sweet Lord” and the Chiffons’ song “He’s So Fine” were used to support the claim. Harrison was accused by the Chiffons of “copying the melody and song structure” of their song. Harrison was consequently mandated to pay $1.6 million.
David Bowie and Queen vs. Vanilla Ice
In 1981, Queen and Bowie released the song “Under Pressure,” which featured a catchy bass line. Later, in 1990, Vanilla Ice sampled this. Vanilla Ice was sued even though he claimed that an extra note made his melody different. The amount of the out-of-court settlement was not disclosed.
The Verve versus the Rolling Stones
The Rolling Stones song “One Last Time” from 1965 was sampled in the Verve song “Bittersweet Symphony,” which was released in 1997. The Stones contended that the Verve used more than was permitted by the agreement, even though Decca Records had granted permission for a sample.
Mick Jagger and Keith Richards were given songwriter credit for the Verve song after the protracted legal battle took years to settle. They received royalties totalling $1.7 million.
Pharrell Williams v. Robin Thicke & Marvin Gaye (2015)
Robin Thick and Pharrell Williams were accused of copyright infringement in 2014 by the family of the late soul singer Marvin Gaye. The song in question, “Blurred Lines,” was accused of violating Gaye’s “Got to Give It Up.”
The pair was found guilty by the Los Angeles court in 2015 of violating Gaye’s copyright. They were consequently ordered to pay $5.3 million, which is among the biggest payouts to ever take place here.
De La Soul against The Turtles (1991)
In their song “Transmitting Live From Mars,” the hip-hop group De La Soul sampled more than 12 seconds of a Turtles song. However, their sampling was not accepted. As a result, The Turtles and De La Soul got into a legal battle. But this case ended with a $1.7 million settlement, establishing a precedent that, on rare occasions, music can override the law.
In 1994, Campbell v. Acuff-Rose Music
The rap group 2 Live Crew took inspiration for their song “Pretty Woman” from Roy Orbison’s “Oh, Pretty Woman.” The group released the single in spite of Orbison’s record label rejecting their request for a licence.
Orbison’s record label filed a copyright infringement lawsuit against 2 Live Crew less than a year later. The court determined that there was very little chance that the parody song would negatively impact the original song’s sales. Therefore, “Pretty Woman” complied with copyright regulations.
Clearwater Revival v. John Fogarty (1994)
In 1994, the popular single “The Old Man Down the Road” was released by the band Creedence Clearwater Revival. However, the band accused John Fogarty of stealing the music from their single and changing the lyrics to create his own song, “Run Through the Jungle,” after the band broke up and he started a solo career.
Following three months of litigation, the court dismissed the copyright infringement claim and ruled in favour of Fogarty. Then, instead of concentrating on the initial copyright claim, the proceedings shifted to the question of paying legal fees.
Led Zeppelin v. Spirit (2015)
“Taurus,” an instrumental, was released by the American rock band Spirit in 1968. The English rock band Led Zeppelin released their song “Stairway to Heaven” shortly after, which bore a striking resemblance to the instrumental in Taurus.
A descending guitar figure was at issue in the copyright infringement case. Nevertheless, the estate of Spirit’s guitarist and singer Randy California filed the lawsuit more than 40 years later. Because they were similar, his estate claimed a co-writing credit for “Stairway to Heaven” on behalf of California.
However, the jury concluded that the songs were not similar. This choice was further supported by the fact that both songs’ openings are similar to Johnny Rivers’ 1968 single “Summer Rain.”
Sources
‘Music and Copyright’ LexisPSL IP, Info Law, Life Sciences & TMT Practical Guidance.
‘Musicians Fought the Law, and the Law Won – Sometimes’ (April 2023) JSTOR Daily.
‘Songs on Trial: 12 Landmark Music Copyright Cases’ (June 2016) Rolling Stone.
‘Landmark Musical Work Copyright Infringement Cases’
‘The Biggest Music Copyright Cases in History’
By Ava Edwards
