Copyright Lawsuits Plague the Music Industry

On Jan. 7, singer/songwriter Lana Del Rey tweeted that she was being sued by English alternative band Radiohead. The lawsuit was for copyright infringement over alleged plagiarism involved with Radiohead’s hit Creep, and Del Rey’s 2017 song from her latest album Get Free,

The basis of the lawsuit is that the chord progression and vocal rhythm in Get Free’s verses are the same as Radiohead’s Creep.

Ironically, Radiohead themselves were faced with a copyright infringement suit for Creep. The band was forced to give up a percentage of royalties and give songwriting credit to 70s band The Hollies, for its similarity to their song The Air That I Breathe.

The music industry is no stranger to copyright infringement lawsuits, especially in recent years. 2017 saw the release of the blockbuster single Shape Of You by Ed Sheeran. It recently became the most-streamed song of all time, but its success can’t be solely attributed to Sheeran’s songwriting talent.

Sheeran was sued for copyright infringement by TLC over the song for copying elements of their 90s hit No Scrubs. The case was ruled in the plaintiffs’ favor, and the writers behind No Scrubs are now credited as songwriters for Shape Of You.

One of the most famous contemporary examples is the lawsuit by Marvin Gaye’s family against Robin Thicke for Blurred Lines because of its melodic similarity to Gaye’s Got To Give It Up.

In this case, the judge evaluated stripped-down versions of both songs. This was done so that the basis for copyright infringement, the melodies, were not obscured by the songs’ comparable production.

On the witness stand, Thicke demonstrated how many popular songs have similar components by playing songs by The Beatles and Michael Jackson over a single chord progression.

Thicke also used the ownership defense, arguing that the Gaye family did not own the rights to the song, to deny the infringement claim. However, Thicke, Pharrell Williams, and T.I were ultimately forced to give up $5.3 million to Marvin Gaye’s estate.

Since there are a limited amount of possible chord changes and musical notes, each song that is ever copyrighted makes it more difficult for subsequent compositions to be totally unique. Moreover, these mercenary lawsuits create a culture where musicians are afraid to draw from their influences in fear of being sued into bankruptcy.

In Del Rey’s case, the loss of a percentage of royalties for Get Free would have a minor effect on her net worth as the track was not a single on the album. In Sheeran’s case, the loss might be more noticeable, as Shape Of You is the biggest hit of his career.

However, for artists who are less well-known, a copyright infringement suit can be devastating.

Only time will tell whether the music industry chooses to value artistry over the potential to make millions.