Standards for the LEGAL Theft of Music

Standing at the Federal Courthouse steps, was a man with tears in his eyes who said, “I would never steal anyone’s song!” ..that’s when a reporter yelled out, “George, I am sure it wasn’t a conscious act!”

It was the late, George Harrison of the Beatles, who was just convicted of plagiarizing the song, “He’s So Fine“, a song recorded by the “Chiffons” which became one of the biggest hits of the entire year in 1963, throughout the world!

Judge Richard Owens, a Federal Judge said, in his opinion, “there is no doubt that these two songs are musically, “identical”. The words (lyrics) are different but the song (melody) is exact meaning “note for note”. This was the and should always be the way that “plagiarism” should be judged. The word, “Access” must be proven. in this case, it was obvious that Harrison must have heard, “He’s So Fine”, no matter what he had said.

The fact is that there are only so many notes in all the musical scales. There are going to be a lot of melodies which might be the same, but “Access” means that someone had already heard the original song. One must also prove that their song was created FIRST! “Prior”, again, must be proven.

By the way, this is why most artists no longer listen to songs from strangers who they don’t know. In all cases, they will listen to a song, if they already have a relationship with the writer or publisher.

Other examples of theft … are : Frankie Avalon sang a song called, “Because I love you”.

The fact is that this was a song which was, again, “note for note” for nine notes in a row, called, “in a Little Spanish Town” which was a hit in 1927 recorded by Paul Whiteman’s orchestra. But because it was a hit .. .”Access could be proven to have been heard by the songwriter.”…. writer’s royalties were paid or a settlement took place which made the original songwriter(s) or their estate receive the settlement funds.

The biggest song which ended up in a settlement was “Hello Dolly” which was written by Jerry Herman. Herman was a student of the Broadway Stage and that fact caused him to “settle” rather than risk a loss in a Federal Courtroom. No word as to the amount, but I am sure that Jerry saved a bunch of money. This song won a “Grammy” with Louie Armstrong singing. So many superstars have recorded that famous song, Jerry was a very smart songwriter .. but don’t feel sorry for Jerry Herman, soon afterward he wrote a song called, “Mame“!!

The most recent lawsuit which was avoided and most folks don’t know the REAL STORY was the song, “Tie a Yellow Ribbon“. One of the two songwriters had ordered and read, “Reader’s Digest”, for many years.

The two writer’s story of a prisoner coming home was, first, written and published in a Digest issue which was read and changed, by that writer.

Admittedly, he told his manager that when they received a “Cease and Desist” letter after the song had already hit #1 on all charts, they settled for a six-figure payout, rather than risk a lawsuit in a Federal Courtroom, because the story, itself, was too close to the story which was originally written in the Digest publication. Smart Move, I would say!! This song has well over five thousand cover records and became the most played and performed song throughout the world, in 1984 over the former number one song, “Yesterday” by the Beatles!

The lesson here is making sure, you check with others to make sure it doesn’t sound like anything else which has been already heard, by ANYONE! Or make sure the lyrics aren’t tied into a concept which has had a unique story behind it. If this be the case, make sure your story or lyric is far different, in its content.

The very worst verdict of plagiarism was against “Pharrell Williams and Robin Thicke” for their song, “Blurred Lines” which, in my opinion had no connection between that song (or recording) and “Got to Give It Up” by Marvin Gaye. First of all, it was a jury which made the determination of guilt. This should never happen. A jury has no right even being in such a Federal Courtroom in the first place!

Secondly, I admit the “mood” was similar, but the notes were not the same and the lyrics were not unconnected in any way! This, I feel, was a total miscarriage of justice. Juries should not be judging any musical lawsuit. They can’t help but be biased in their opinions. Most Federal Judges have a lesser chance of being swayed by anything, but the facts and the law. That is just my own opinion!