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Coldplay Denies Copying Satriani In Federal Court Filing
from the legal-guitarmageddon dept
Last December, guitarist Joe Satriani sued Coldplay for copyright infringement over a similar sounding melody. The story generated a lot of discussion here, as people dug up countless examples of other songs with similar melodies (some predating Satriani's tune) to support the argument that it might just be a natural melody to sing over the chords. The lawsuit resurfaced in the news around the Grammys, with Coldplay calling it "ridiculous" and Satriani making an emotional case ("I felt like a dagger went right through my heart. It hurt so much..."). Techdirt reader GK points to the news that, last week, Coldplay's lawyers submitted a federal court filing arguing that any similarities between the two songs were not significant enough to warrant damages. It looks like this may actually go to trial since Satriani is demanding "any and all profits" and Coldplay is standing its ground, but GK suspects that they'll likely reach a settlement in the end, "offering Satriani a sense of vindication and Coldplay a quieter option for laying the thing to rest." That seems to be what Satriani wants.
If this really is a case of independent creation, it's troubling how difficult that would be to prove. In the comments of our original piece, several people noted the case of Bright Tunes v. Harrisongs in which a judge ruled that George Harrison had infringed another song through "unconscious copying" -- not intentionally, but by accidentally using a melody he'd heard elsewhere and had stored in his unconscious memory. The problem with "unconscious copying" and unintentional copyright infringement of a melody is that it undermines the independent creation defense and creates a pretty broad scope for what could be construed as copyright infringement in songwriting. Basically, any melody that sounds significantly similar to another might be considered "copied," even though that happens all the time in music. Plus, it's not like a similar sounding melody in a completely different song is harmful to the "original;" it's not like people are listening to Coldplay's song instead of Satriani's, or that one tune is impacting the commercial potential of the other. There is no functional equivalency in art.
The Harrison case is well-entrenched, but if Coldplay is intent on clearing its name, the case may offer the courts a chance to rethink the decision (or to re-affirm it...). Though, so far Coldplay's lawyers seem to be using a de minimis copying defense, arguing that any similarities are insignificant, rather than focusing on independent creation. At any rate, this could be a precedent-setting case... but don't hold your breath. In the end, it may well just be easier for Coldplay to pay up, settle and make it go away.
If this really is a case of independent creation, it's troubling how difficult that would be to prove. In the comments of our original piece, several people noted the case of Bright Tunes v. Harrisongs in which a judge ruled that George Harrison had infringed another song through "unconscious copying" -- not intentionally, but by accidentally using a melody he'd heard elsewhere and had stored in his unconscious memory. The problem with "unconscious copying" and unintentional copyright infringement of a melody is that it undermines the independent creation defense and creates a pretty broad scope for what could be construed as copyright infringement in songwriting. Basically, any melody that sounds significantly similar to another might be considered "copied," even though that happens all the time in music. Plus, it's not like a similar sounding melody in a completely different song is harmful to the "original;" it's not like people are listening to Coldplay's song instead of Satriani's, or that one tune is impacting the commercial potential of the other. There is no functional equivalency in art.
The Harrison case is well-entrenched, but if Coldplay is intent on clearing its name, the case may offer the courts a chance to rethink the decision (or to re-affirm it...). Though, so far Coldplay's lawyers seem to be using a de minimis copying defense, arguing that any similarities are insignificant, rather than focusing on independent creation. At any rate, this could be a precedent-setting case... but don't hold your breath. In the end, it may well just be easier for Coldplay to pay up, settle and make it go away.
Reader Comments (rss)
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8-bar sample vs. melody copy
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Classical music
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Here's How To Slap Suckriani...
What do you bet Suckriani folds?
By the way, Suckriani is such a fucking has-been, he makes Neil Young look like a winner.
CBMHB
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Re: Here's How To Slap Suckriani...
I see what you did there, you replaced Satriani with Suckriani. How clever as well as subtle.
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Satriani
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Please correct me if I'm wrong, as I may very well be in this case.
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Mission Accomplished...
Bonus Bux for me tonight!
CBMHB
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Re: Mission Accomplished...
oops.
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Re: Re: Here's How To Slap Suckriani...
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Re:
http://www.youtube.com/watch?v=mceAlfjqGBU&feature=related
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Fags.
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Standing Ground
I do hope that Coldplay stands its ground until the end though. And that they win. By as wide a margin as is possible. Copyright needs to go down. The more restrictions we get on it, the better. That is until it is completely rewritten to make more sense and reflect today's technologies.
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Re: Re: Here's How To Slap Suckriani...
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Satriani has a heart?
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unlike everything else..
You forget ALL music has the 5/95 dope-to-doodoo ratio. You just happen to be a fucking bigot.
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Re: Re: Re: Here's How To Slap Suckriani...
Happy now? Ick.
Aaaaaanyway, this is a perfect example of my point:
http://www.youtube.com/watch?v=6XnhFR73wOs
Let's get this guy on board, and sue the suck out of Suckriani!
GUNTHER RULES!
CBMHB
(aka "the comedic giant")
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Re: Fags
Then we beat the shit out of them.
Fags.
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Re: Here's How To Slap Suckriani...
I'm a huge Satriani fan, and I personally don't believe Coldplay stole that melody. To me, it sounds like a coincidence that the music fit so well together. I think it'll be very tough to prove.
Grow up dude. Just because you don't like an artist doesn't mean you have to come up with stupid ass nicknames. Makes you seem like you're 10.
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Re: Satriani
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Re: Re: Here's How To Slap Suckriani...
I made you say "Suckriani"
CBMHB
10/06/2000
(My mom was partying like it was 1999 when she got pregnant)
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DON'T SETTLE!
Fight the case to the end and make that has-been hack eat his lawyer fees.
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Re: Re: Re: Re: Here's How To Slap Suckriani...
Although I'm not sure how it fits in....
Either way, regardless of that, take a listen to this..
http://www.youtube.com/watch?v=mceAlfjqGBU&feature=related
They are all ripoffs.
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Re: Re: Satriani
Sooo, if he feels that another artist stole a piece of his music, then he simply doesn't understand that its just all imaginary property. Its infinitely available. They can both use it and be none the worse off.
If somebody copied the entire song, note for note, altering not a darn thing, including any lyrics, and then claimed it was their song, I might be able to see an argument.
In the case of parodies, they give credit to the original author so I can't see any harm there either.
In short, I think Satriani is just being a whiney bitch.
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Re: Re: Re: Here's How To Slap Suckriani...
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Re: Re: Re: Re: Here's How To Slap Suckriani...
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Grammy's?
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Killing the Blues
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Re: Satriani has a heart?
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- Donatus
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Re: Re: Fags
Hell, it was hard to ever make them stop!
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Coldplay and Satriani
Hummm! If they are that dumb, I think I will copyright middle C, and sue them for every song they produce.
After all, it might be easier just to pay up, right?
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Re: Coldplay and Satriani
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get an iPhone to settle it
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