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6 classic songs involved in lawsuits

<p>Like with all art, the line between appropriation and plagiarism in the music world is very blurred. Artists have always been inspired by other artists, so it’s inevitable that some works will be similar to others. These cases, however, prove that the consequences of copyright infringement can be extremely costly indeed.</p> <p><strong>The Beatles vs. Chuck Berry</strong></p> <p>Chuck Berry’s music has long been the object of adaptation, but none were as high-profile as The Beatles’ hit song “Come Together”, which allegedly borrowed lyrics and melodies from Berry’s “You Can’t Catch Me”. Lennon’s line, “Here come ol’ flattop, he come groovin’ up slowly” is thought to have been taken from Berry’s “Here come a flattop, he was movin’ up with me”. Berry’s publishing company was awarded nearly US$85,000 as a settlement.</p> <p><strong>Johnny Cash vs. Gordon Jenkins</strong></p> <p>In the 1970s, Cash was ordered to pay Gordon Jenkins US$75,000 after his 1955 song “Folsom Prison Blues” allegedly used lyrics and music from Jenkins’ 1953 tune “Crescent City Blues”. Although Cash’s song was a tale of murder and imprisonment and Jenkins’ was about a lovelorn woman desperate to escape, the songs were still similar enough to be the focus of a lawsuit.</p> <p><strong>Men At Work vs. Larrikin Music</strong></p> <p>It’s considered to be one of Australia’s most iconic songs (even an unofficial anthem for some), but Men At Work’s hit song “Down Under” was the subject of a nasty dispute in 2009 when they were sued by Larrikin Music, the owners of 1932 classic “Kookaburra”. Larrikin Music claimed that part of the Aussie band’s flute riff was stolen from the song “Kookaburra”, written by Marion Sinclair. The band was forced to give Larrikin 5 per cent of all royalties after 2002.</p> <p><strong>Ray Parker, Jr. vs. Huey Lewis and the News</strong></p> <p>Who can forget Parker’s iconic <em>Ghostbusters</em> theme song? Well, as it turns out, it may not have been completely original. Huey Lewis and the News sued Parker after hearing similarities with their song “I Want a New Drug”, and won the suit. In a strange twist, however, Huey Lewis revealed the details of the settlement to the media in a breach of confidentiality and was counter-sued by Parker in 2001.</p> <p><strong>Rod Stewart vs. Jorge Ben</strong></p> <p>Stewart was sued after the vocal melody from his hit “Do Ya Think I’m Sexy?” was found to be uncannily similar to that of Jorge Ben’s 1976 song “Taj Mahal”. As part of the settlement, Stewart decided to donate a percentage of the track’s earnings to UNICEF. “Clearly the melody had lodged itself in my memory and then resurfaced. Unconscious plagiarism, plain and simple,” Stewart wrote in his autobiography.</p> <p><strong>Coldplay vs. Joe Satriani</strong></p> <p>Satriani sued Coldplay in 2008, alleging that their song “Viva la Vida” used “substantial original portions” of music from his song “If I Could Fly”, which was released four years previously. They settled out of court in 2009. This suit came just months after American band Creaky Boards accused them of stealing the melody of their ironically-named song “The Songs I Didn’t Write”. Yusuf Islam (Cat Stevens) also claimed the song ripped off his track “Foreigner Suite”.</p> <p>Do you think any of these songs sound like their alleged inspirations? Tell us your thoughts in the comment section below.</p> <p><em>Image credit: Getty</em></p> <p><strong>Related links:</strong></p> <p><a href="../finance/insurance/2016/04/10-odd-things-celebrities-have-insured/"><span style="text-decoration: underline;"><em><strong>10 odd things celebrities have insured</strong></em></span></a></p> <p><a href="../entertainment/music/2016/04/the-surprising-real-names-of-singers/"><span style="text-decoration: underline;"><em><strong>The surprising real names of famous singers</strong></em></span></a></p> <p><a href="../entertainment/music/2016/03/rock-and-roll-hits-banned-from-being-played/"><strong><em><span style="text-decoration: underline;">6 rock ‘n’ roll hits banned from being played</span></em></strong></a></p>

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Plagiarism, John Hughes’ The Dogs and the ethical responsibilities of the novelist

<p>John Hughes’s novel The Dogs has been withdrawn from the longlist for the Miles Franklin Prize after an <a href="https://www.theguardian.com/books/2022/jun/09/miles-franklin-nominated-novelist-apologises-for-plagiarising-nobel-laureate-without-realising" target="_blank" rel="noopener">investigation by The Guardian</a> identified numerous instances of plagiarism. Hughes’s lifting of passages from other books has sparked furious debate and literary detective work – mostly on Twitter – prompting questions about the nature of influences, literary pastiche and the attribution of sources in novels.</p> <p>Hughes acknowledged he had unintentionally borrowed from the 2017 English translation of Nobel prize laureate Svetlana Alexievich’s The Unwomanly Face of War, after The Guardian applied document comparison software to both books, finding 58 similarities and some identical sentences.</p> <p>Further investigations by academic Emmett Stinson and writer and critic Shannon Burns exposed the apparent copying of passages from books such as <a href="https://www.theguardian.com/australia-news/2022/jun/15/parts-of-john-hughess-novel-the-dogs-copied-from-the-great-gatsby-and-anna-karenina" target="_blank" rel="noopener">Anna Karenina, All Quiet on the Western Front, and The Great Gatsby</a>.</p> <p>This week, meanwhile, poet Lachlan Brown has posted <a href="https://twitter.com/lachbr/status/1538406796024377344" target="_blank" rel="noopener">a series of Google documents</a> identifying similarities between phrases and passages in The Dogs and those in Eric Newby’s Love and War in the Apennines, W.B. Sebald’s The Emigrants, <a href="https://drive.google.com/file/d/1t9k9aZGMgofYcRNbMCvO0LZB4Zyv0gNq/view" target="_blank" rel="noopener">Amos Oz’s Judas</a>, and Loren Eiseley’s <a href="https://drive.google.com/file/d/1-xE6x9b99s26jukvfLjWd71idOy9f0zd/view" target="_blank" rel="noopener">The Invisible Island</a>.</p> <p>Australian National University academic Millicent Weber has also added to the <a href="https://twitter.com/Millicent_Weber/status/1538759965694783489" target="_blank" rel="noopener">growing list</a>, highlighting similarities between phrases used by Hughes and phrases in work by five other writers including Saul Bellow and Nadezhda Mandel’shtam.</p> <p>In response to the accusations of plagiarism, Hughes released two statements. In the first, he explained he had <a href="https://www.theguardian.com/books/2022/jun/09/miles-franklin-nominated-novelist-apologises-for-plagiarising-nobel-laureate-without-realising" target="_blank" rel="noopener">inadvertently incorporated passages typed up from Alexievich’s book</a> into transcripts from his grandparent’s stories of surviving the second world war, which appear fictionalised in The Dogs. Hughes apologised to Alexievich and her translators “for using their words without acknowledgement”.</p> <p>Last Thursday, however, after further revelations, Hughes released a <a href="https://www.theguardian.com/books/2022/jun/16/john-hughes-i-am-not-a-plagiarist-and-heres-why" target="_blank" rel="noopener">second, longer statement,</a> explaining why he was not a plagiarist. Rather than a mea culpa, he drew on arguments first proffered by the Romantic poets of the <a href="https://www.oxfordhandbooks.com/view/10.1093/oxfordhb/9780199644179.001.0001/oxfordhb-9780199644179-e-24" target="_blank" rel="noopener">late 18th century</a> about the impossibility of originality, and the importance of drawing on other writers’ work as part of the creative process.</p> <p>“It is a rare writer who doesn’t use the work of other writers in their own work”, Hughes said. He went on to cite modernist poet T.S. Eliot, who wrote in his 1920 essay collection, The Sacred Wood:</p> <blockquote> <p>Immature poets imitate; mature poets steal; bad poets deface what they take, and good poets make it into something better, or at least something different.</p> </blockquote> <p>The Dogs is a novel, in part, says Hughes, <a href="https://www.theguardian.com/books/2022/jun/16/john-hughes-i-am-not-a-plagiarist-and-heres-why" target="_blank" rel="noopener">about secondhand stories</a>: fragmented, contradictory memories of war. It is a complex, multi-generational work, narrated by the protagonist, Michael Shamanov, a scriptwriter, and centring on his relationship with his elderly mother, Anna, who is slowly dying in a nursing home. Shifting between past and present, it traces the family’s traumatic history, exploring the tension between the need to remember and the desire to forget.</p> <p>The controversy around this novel, which was previously shortlisted for the New South Wales and the Victorian Premiers’ Literary Awards, echoes recent Australian plagiarism scandals, raising difficult questions about publishing and creative processes. But this one, to say the least, is especially messy.</p> <h2>Cento defence</h2> <p>In his statement of defence (published before this latest material was posted on Twitter), Hughes contended he is <a href="https://www.theguardian.com/books/2022/jun/16/john-hughes-i-am-not-a-plagiarist-and-heres-why" target="_blank" rel="noopener">“no thief”</a>. He had “wanted the appropriated passages” – which, aside from those taken from Alexievich, he did not name – “to be seen and recognised as in a collage”.</p> <p>This is a common line of argument in plagiarism scandals, frequently understood as the “cento defence”. A cento is a poem comprised entirely of lines written by other poets, an ancient form of collage dating back to <a href="https://poets.org/glossary/cento" target="_blank" rel="noopener">Homer and Virgil</a></p> <p>The success of this form is predicated on two key factors: the transformation of the “stolen” works into something new, interesting or valuable, and an explicit acknowledgement of the processes at work.</p> <p>But if, as Hughes claims, The Dogs takes “ventriloquism as its theme”, intra-textually signalling to the reader that experimental games such as pastiche are at play, why did this not form part of the contextual discussions about the novel?</p> <p>(Indeed Hughes’s publisher, Terri-ann White, said on Friday <a href="https://upswellpublishing.com/category/news" target="_blank" rel="noopener">she felt “affronted”</a> on learning, from his second statement, that he wanted the appropriated passages to be recognised as in a collage.)</p> <p>Hughes is right: there is a legitimate tradition of bricolage and pastiche as artistic forms; but in doing so, even T.S. Eliot used extensive citations.</p> <p>Terri-ann White, <a href="https://upswellpublishing.com/category/news" target="_blank" rel="noopener">went on to say</a>:</p> <blockquote> <p>I have published many writers who use collage and bricolage and other approaches to weaving in other voices and materials to their own work. All of them have acknowledged their sources within the book, usually in a listing of precisely where these borrowings come from.</p> <p>I should have pushed John Hughes harder on his lack of the standard mode of book acknowledgements where any credits to other writers (with permissions or otherwise) […] are held. I regret that now, as you might expect. To have provided a note in this book with attribution would have been the only way to treat it.</p> </blockquote> <p>The freedoms of fiction do not absolve the author of the need to reference when lifting passages of work from others.</p> <h2>Conflicting statements</h2> <p>Australia has a long history of literary scandals. One recent plagiarism case involved Newcastle poet Andrew Slattery, whose prize-winning poem Ransom, published in 2013, was discovered to be comprised of the work of 50 other poets, such as Charles Simic and Robert Bly. Slattery used the “cento defence”, claiming this poem was part of a “cynical experiment.” He acknowledged, however, that it should <a href="https://www.newcastleherald.com.au/story/1775720/newcastle-poet-in-plagiarism-scandal/" target="_blank" rel="noopener">“have included footnotes”</a>.</p> <p>In 2020, however, when poet Judith Beveridge was revealed by <a href="https://www.theguardian.com/books/2017/sep/09/poetry-plagiarism-copying-maya-angelou-ira-lightman-will-storr" target="_blank" rel="noopener">poetry sleuth</a> Ira Lightman to have used phrases borrowed from other poets in a number of her poems, including Incense, At Dusk, and Making Perfume, her confession and swift apology ensured there was <a href="https://www.theaustralian.com.au/subscribe/news/1/?sourceCode=TAWEB_WRE170_a_GGL&amp;dest=https%3A%2F%2Fwww.theaustralian.com.au%2Farts%2Fprime-ministers-top-poet-judith-beveridgeused-the-words-of-others%2Fnews-story%2F7978d96c83fb2cb5ee534c7cb147fc76&amp;memtype=anonymous&amp;mode=premium&amp;v21=dynamic-cold-test-noscore&amp;V21spcbehaviour=append" target="_blank" rel="noopener">comparatively little outrage.</a></p> <p>Interestingly, in his book of autobiographical essays <a href="https://giramondopublishing.com/books/the-idea-of-home/" target="_blank" rel="noopener">The Idea of Home</a>, Hughes describes an early (but abandoned) <a href="https://www.theaustralian.com.au/subscribe/news/1/?sourceCode=TAWEB_WRE170_a_GGL&amp;dest=https%3A%2F%2Fwww.theaustralian.com.au%2Farts%2Freview%2Fdriven-to-obsession%2Fnews-story%2Fc1a113a20a7b159f553bb3b5297cccbb&amp;memtype=anonymous&amp;mode=premium&amp;v21=dynamic-cold-test-score&amp;V21spcbehaviour=append" target="_blank" rel="noopener">doctoral research project on Samuel Taylor Coleridge</a>. An English poet and literary critic, Coleridge – one of the founders of the English Romantic movement – was one of literature’s most <a href="https://www.themarginalian.org/2013/10/21/coleridge-and-plagiarism/" target="_blank" rel="noopener">notorious plagiarists</a>.</p> <p>Hughes’s case is made particularly messy and unusual by the conflicting statements offered by the author: not only is The Dogs ostensibly an example of pastiche, as noted, but apparently also the result of untidy note-keeping, and an unintended side effect of how “influence […] plays such a crucial role in the creative process”.</p> <p>As it continues to play out on Twitter, with yet more source texts being discovered, the scandal has focused attention on the responsibilities of the author, the complexities of writing fiction, and the ethics of creative practice.</p> <p><em><strong>This article originally appeared on <a href="https://theconversation.com/plagiarism-john-hughes-the-dogs-and-the-ethical-responsibilities-of-the-novelist-185386" target="_blank" rel="noopener">The Conversation</a>.</strong></em></p> <p><em>Images: Giramondo Publishing/Good Reads </em></p>

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Ed Sheeran wins huge legal case

<p dir="ltr">In a high-profile trial, Ed Sheeran has clinched a victory in a copyright infringement case over his 2017 song <em>Shape of You</em>. </p> <p dir="ltr">The British singer, along with his two co-writers Johnny McDaid and Steve Mac, were accused of plagiarising Sami Chokri’s 2015 song <em>Oh Why</em>.</p> <p dir="ltr">In his ruling, the judge concluded that Sheeran “neither deliberately nor subconsciously” copied a phrase from <em>Oh Why</em> when writing <em>Shape of You</em>, as Sheeran emphasised during the trial. </p> <p dir="ltr">In a video statement <a href="https://twitter.com/edsheeran/status/1511631955238047751">posted to Twitter</a>, Sheeran said, “While we’re obviously happy with the result, I feel like claims like this are way too common now and have become a culture where a claim is made with the idea that a settlement will be cheaper than taking it to court. Even if there’s no base for the claim.” </p> <p dir="ltr">“It’s really damaging to the songwriting industry. There’s only so many notes and very few chords used in pop music. Coincidence is bound to happen if 60,000 songs are being released every day on Spotify.”</p> <p dir="ltr">He continued, “I don’t want to take anything away from the pain and hurt suffered by both sides of this case, but I just want to say that I’m not an entity. I’m not a corporation. I’m a human being. I’m a father. I’m a husband. I’m a son. Lawsuits are not a pleasant experience and I hope with this ruling it means in the future baseless claims like this can be avoided.”</p> <p dir="ltr">Chokri, who performs under the name Sami Switch, along with his co-writer, sued Sheeran over similarities in the songs in 2018. </p> <p dir="ltr">During the 11-day trial in London, Sheeran denied he “borrows” ideas from other recording artists, while saying he “always tried to be completely fair” when crediting his inspirations and contributors. </p> <p dir="ltr">In their testimony, Sheeran, McDaid and Mac all denied being aware of <em>Oh Why</em> prior to writing <em>Shape Of You</em>.</p> <p dir="ltr"><em>Image credits: Getty Images</em></p>

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