This week in spurious lawsuits: Radiohead sue Lana Del Rey

At the risk of making myself unpopular…

The Radiohead/Lana Del Rey lawsuit is super depressing for anyone who thought Radiohead were good guys. And, I admit, I did.

The similarities first. Creep is built on a continuously repeating four-chord pattern: G, B minor, C, C minor (or in musicological terms, I-iii-IV-iv). Get Free has the same progression in its elongated verse/bridge section. Its chorus is a different progression. The vocal melodies are quite different, but in places the phrasing of Get Free is somewhat similar to Creep – where the vocal starts and ends in relation to the bar lines.

I suspect this latter detail is what their case will hinge on because the idea of Radiohead suing anyone for writing something harmonically similar to Creep when they themselves were sued by Albert Hammond and Mike Hazlewood for Creep’s harmonic similarity to The Air That I Breathe (made famous by the Hollies) doesn’t pass the laugh test. Or, rather, it shouldn’t if the judge has any musical literacy at all.*

For what it’s worth, I think the idea of a songwriter suing another over shared chord sequences is inherently bullshit, and analogous to suing over similarity of drum pattern. Chord sequences have been used and reused thousands of times by thousands of songwriters. At what point do you say a chord pattern is well known enough to not constitute one writer’s intellectual property? The very common sequences ii-V-I and I-V-vi-IV seem to be safe. I-IV-V (the basis of the vast majority of blues songs) is definitely safe. So why is I-iii-IV-iv so (fucking) special that Thom Yorke thinks he owns it (or rather co-owns it with Hammond and Hazlewood)?

As for the melody, there’s a bit of a resemblance, but it’s not so marked that you’d be able to pick out the similarity if someone sang you the two tunes a capella, one after the other.

Comments in the press have been predictably depressing, with loads of people taking Radiohead’s side just because they’re Radiohead and Lana Del Rey is a pop singer. Which is no less depressing just for being predictable. Accidental resemblances to other people’s work are bound to happen within pop songwriting when tens of thousands of new songs get written every year. There are two responses possible – everyone can sue everyone for everything all the time. Or, everyone can acknowledge that they themselves have at some time written something that’s a bit like something else without realising, and therefore choose not to be obnoxious about enforcing copyright. Take the high road. Be a grown-up.

A curse on Radiohead’s house if they don’t call off their lawyers. Or perhaps David Byrne can teach them a lesson by suing them for 100% of all past and future earnings for ripping off the name of one of his songs for their band name.

*Judging by the history of copyright-infringement suits, few judges do have any musical literacy. Expect Radiohead to win.

Advertisements

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google+ photo

You are commenting using your Google+ account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

w

Connecting to %s

This site uses Akismet to reduce spam. Learn how your comment data is processed.