Music is built on notes in succession and chord progressions which harmonize pleasantly. As new music is pumped out in the well-oiled machine of the music industry, what seemed to be an endless combination of sounds reveals its limits. In its essence, music is rooted in a selection of elements; inevitably, ‘originality’ will be exhausted, and repeating patterns will begin to arise.
Music ‘plagiarism’ is the use of copyrighted music or lyrics without the consent of the legal copyright holder. In courtrooms, judgment is based on evidence of two major features – access and substantial similarity.
Sampling
A highly contested area in the field of copyright and plagiarism, sampling occurs when a fragment of a song is reused in another composition.
The argument of ‘fair use’ (whereby the permission of the original creator is not required under specific circumstances) is used to combat some cases. Most artists nowadays are ‘cleared’ to incorporate samples in songs – this either involves paying a fee and/or a portion of royalties.
Sampling is common practice, and many hits have been produced thus. For example, BLACKPINK’s 2020 hit single ‘How You Like That’ (produced by Teddy Park) heavily utilizes samples: one can be found in the catchy chorus, and another in the baseline of the second verse’s rap.
Interpolation, where melodies and lyrics are borrowed to create a new song, is similar to sampling. Ariana Grande’s 2019 hit ‘7 rings’ famously used the melody of ‘My Favorite Things’ from the Sound Of Music in its swaggering verses, and Olivia Rodrigo’s 2021 song ‘deja vu’ was inspired by Taylor Swift’s ‘Cruel Summer’ in this manner.
Famous cases of music plagiarism
Now back to the crime itself: plagiarism. It has had an illustrious history, invoking big names in music, from Led Zeppelin to Ed Sheeran. Some lawsuits include…
CHUCK BERRY VS THE BEACH BOYS (1963)
In the 1960s, The Beach Boys were threatened with legal action by rock legend Chuck Berry because their first hit, ‘Surfin’ USA’, bore resemblance to Berry’s ‘Sweet Little Sixteen’: both songs rapidly name-dropped thematic locales. The writer, Brian Wilson, revered Berry and intended it as a tribute. As such, the case was resolved without much dispute; publishing royalties were handed over to Berry’s publisher.
ROBIN THICKE AND PHARRELL WILLIAMS VS MARVIN GAYE (2013)
Most have heard of ‘Blurred Lines’ by Robin Thicke, featuring Pharrell Williams and T.I.: from its misogynistic language to its promotion of sexual violence. Its similarities to Marvin Gaye’s ‘Got to Give It Up’ attracted a highly publicized plagiarism lawsuit, lasting five years. It was a success, and a hefty charge of 7.4 million USD was paid to Gaye’s heirs.
Plagiarism in Recent News
OLIVIA RODRIGO VS PARAMORE
Olivia Rodrigo’s ‘Good 4 U’ was a commercial success. She added two names to its writing credits, however, after similarities were found between the harmonic schemes and choruses of said song and Paramore’s ‘Misery Business’.
DUA LIPA
‘Levitating’ by Dua Lipa has become the subject of not one, but two copyright lawsuits. The disco megahit allegedly copied reggae band Artikal Sound System’s ‘Live Your Life’ and songwriters L.Russell Brown and Sandy Linzer’s ‘Wiggle and Giggle All Night’ and ‘Don Diablo’.
What to notice
Several features constitute the identity of a song.
Melody: the tune, or the theme of the song, usually in the lead vocals/instrument
Harmony: the chords which accompany the melody, creating depth and texture
Rhythm: moving away from the tonal characteristics of music, this refers to the song’s count, tempo and beat.
Sound: concerns the recording sessions. Instrumentation and vocal placements are key to fulfilling the artist’s vision of their song
Lyrics: the linguistic content of the song
Discussion
‘There’s nothing new under the sun.’
Copyright laws are established to protect artists’ rights and to celebrate creativity and originality. In many cases, the owners of their property have been rightfully compensated. For some opportunists, however, stirring up plagiarism lawsuits is a quick grasp for fame and money, and for some online trolls, throwing out baseless accusations of plagiarism is a scheme to discredit artists they personally dislike.
As music is continually brought into the world, combinations cannot all be unique, and patterns will repeat. How will legal definitions of plagiarism in music be affected, then?
Sources:
Writing: Kristen Wong
Editing: Rachel Yu
Graphics: Jennifer Pun
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