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4 Songs That Sparked Lawsuits and Changed Music Copyright Forever

Musicians are, understandably, influenced and inspired by each other. Music history is full of countless examples of the ways musicians are shaped by their own favorite musicians. So itโ€™s no surprise that sometimes, certain songs can sound alike, making inspiration and influence look more like blatant copying. While copyright law is designed to prevent this, music copyright can be particularly complicated. And some lawsuits have helped shape it as it is now.

“My Sweet Lord” by George Harrison

After releasing “My Sweet Lord” in 1970, George Harrison was sued due to similarities between the song and “He’s So Fine” by the Chiffons. Harrison said he had not intentionally copied the song. However, the judge ruled that he had done so “subconsciously. After all, the song was popular enough in the UK when it was released that it was assumed Harrison had heard it. The case didn’t enter the penalty phase until 1981, and Harrison was ordered to pay $1,599,987.

“Transmitting Live From Mars” by De La Soul

De La Soul’s 1989 album 3 Feet High and Rising is packed with samples from other songs. “Transmitting Live From Mars” is an interlude that uses elements of “You Showed Me” by The Turtles and Wilson Pickett’s cover of “Hey Jude.” Former Turtles members Howard Kaylan and Mark Volman sued De La Soul and their record label for $1.7 million. Volman criticized sampling and calling it “a longer term for theft.” As a result, clearing samples with the original artists became standard practice.

“The Old Man Down the Road” by John Fogerty

After Creedence Clearwater Revival disbanded, frontman John Fogerty pursued a solo career, and his third album, Centerfield, included the track “The Old Man Down the Road.” CCR and Fogertyโ€™s former label, Fantasy Records, felt the song sounded too similar to CCR’s “Run Through the Jungle”โ€”which Fogerty had also writtenโ€”and sued. Fogerty argued they were entirely different and even played both in court to prove it. On top of the claim that Fogerty plagiarized himself, the case was also notable for making it to the Supreme Court over the issue of reimbursement for lawyer fees under the Copyright Act of 1976.

“Dark Horse” by Katy Perry

In 2013, Katy Perry released the track “Dark Horse”. She was later accused by Christian rapper Flame of plagiarizing an eight-note riff from his song “Joyful Noise.” Initially, a jury agreed. However, a judge overturned the verdict on the grounds that the brief section Flame claimed had been copied was too simple to fall under copyright protection and that the ruling in his favor could “limit musical creativity.” Itโ€™s a rare example of a judge overturning a verdict in a copyright case, on top of the implications Flame’s win could have had for the industry.