Dec
18
Satriani v. Coldplay
Law, Music, Music Industry |
If you haven’t already heard, guitarist Joe Satriani is suing the band Coldplay for copyright infringement. The Satch is claiming Coldplay’s recent song “Viva La Vida” infringes on his 2004 composition, “If I Could Fly.” Coldplay denies the accusations, claiming that any similarities between the two compositions are completely coincidental. The band also offers words of respect for Satriani and his talent.
However, this might be a difficult case for Coldplay to fight. Other artists, such as George Harrison, have lost cases involving very similar situations. (See Bright Tunes Music v. Harrisongs Music
420 F. Supp. 177 (S.D.N.Y. 1976) or view the summary link here.)
The Satch’s track was released in 2004 and widely disseminated (i.e. available to anyone on the open market), which means Coldplay clearly had access and opportunity to hear “If I Could Fly.” It doesn’t matter whether Coldplay actually heard it, the opportunity was there.
Furthermore, there is arguably a substantial similarity between the two compositions.
Someone did a comparison and mash-up of the two songs on YouTube. What do you think?
Comparison — http://www.youtube.com/watch?v=UvB9Pj9Znsw
Mash-up — http://www.youtube.com/watch?v=Qn6I6dqwhik
I’m not making any accusations, I’m just calling it like I hear it.
Honestly, I prefer the mash-up. Maybe after a chunky settlement, the two music-makers can team up for an electric re-recording.
Comments welcome.
(Note: The bold terms are what a court will use to examine the possible infringement. A court will use these factors because there is no evidence of direct copying. This post is neither legal advice nor a legal determination.)
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