Random Thoughts – Randocity!

There comes a time when listening to new songs that you’ll hear a song and think, “I’ve heard that song before… or at least something very close to it.” You’re not wrong about that. There have been many songs that have either fully or partially ripped off aspects of previous hit songs. Some of these ripoff songs have landed some artists in court battles. Some ripoffs have been created at the blessing and permission of the previous artist. Some ripoffs have yet to be discovered. Let’s explore.

Rock, Pop, Country and even Classical works

No genre has been immune to these rip off works. Note that this author lumps all works whether by permission or not under ripoffs. Why? Because there’s no way to know WHEN the permission was obtained (i.e., before or after the fact). Some songs have only gotten permission when they’re found out. Others artists have attempted to hide the fact that their song is a ripoff of another artist.

A note to artists. When you’re caught at ripping off something from someone else, come clean and admit it. Don’t hide behind bogus arguments trying to gaslight fans and make them think yours was an original work. That’s so degrading, underhanded and disingenuous. Be honest and fess up.

Sampled Music?

This article won’t include artists who have intentionally sampled musical beats or sampled full out original recordings and then included those samples within their own works. This author classes sampled music as a direct form of plagiarism, one that is blatantly obvious to anyone who listens. Such notable sampled songs include, but are not limited to, Vanilla Ice’s Ice Ice Baby (vs Queen), Nicki Minaj’s Anaconda (vs Sir Mixalot) and The Verve’s Bittersweet Symphony (vs Rolling Stones). If you’re planning to sample someone else’s stuff, then you better get permission before you use that sample.

The songs included below are artists who either unintentionally rewrote a song they had heard in the past or intentionally ripped off portions from a past popular song, but rerecorded them again solely to improve the odds of having a radio hit. Sampling is obvious. Rerecording a backing track leaves ambiguous the interpretation of the artist’s ripoff intentions.

List of works?

Let’s get started. Below are some songs that this author is aware of, but these songs are not listed in any particular order.

Heart and Led Zeppelin

It’s no mistake that Heart started out attempting to play and sound like Led Zeppelin (or at least a more pop-rockish version). However, Heart has ripped off Led Zeppelin on at least one occasion and landed a smash hit on the radio as a result. Unfortunately, Led Zeppelin’s original tune did not fare quite so well on the radio.

Led Zeppelin song: Achilles Last Stand (1976)
Heart Song: Barracuda (1977)

Heart wholesale lifted almost all of the entire backing track from Led Zeppelin’s Achilles Last Stand (from the 1976 album Presence) including drums, bass and guitar riff and placed it directly into Heart’s Barracuda (from the album Little Queen). Heart did at least update the sound quality and sonics to sound more like Heart and less like Led Zeppelin, but the backing track is unmistakable.

Status: Unknown. Since Heart has had some of Led Zeppelin members occasionally tour with them, it is assumed that the remaining members of Led Zeppelin may have given permission to Heart. Either that or Heart may be paying royalties to the Led Zeppelin boys.

The Beatles and The Sylvers

It took a decade for this ripoff to manifest, but here it stands. While the Sylvers song Boogie Fever was a chart topping disco success in 1976, it seems to have been thanks to the Beatles. With an almost identical opening guitar riff, this song’s undertone is unmistakable. While the production sound quality was somewhat better in 1976 when the Sylvers recorded this track when compared to the 1966 track from the Beatles, the near identical lifted guitar work most definitely hearkens back to Day Tripper.

Beatles song: Day Tripper (1966)
Sylvers song: Boogie Fever (1976)

Just have a listen to this one for yourself.

Status: Unknown

The Emotions and Mariah Carey

In 1991, a budding R&B singer, Mariah Carey, burst onto the scene with her chart topping success single Emotions. The odd thing is, this ripoff was hidden in plain sight. With Mariah’s song name being identical (Emotions) to the artist name from which the song was ripped (the Emotions), how could anyone NOT see this one.

Almost the entire backing track and melody including the background chorus was lifted from The Emotion’s Best of My Love to drive Mariah’s 1991 song Emotions.

The Emotions song: Best of My Love (1977)
Mariah Carey song: Emotions (1991)

It was later publicly revealed that the track borrowed from Maurice White’s “Best of My Love“, written for the band The Emotions. This situation led to an out-of-court settlement between both sides.^[4]

Wikipedia

Status: This one didn’t go unnoticed. In fact, it eventually became known that much of The Emotions’s 1977 song Best of My Love was lifted to craft Mariah’s 1991 Emotions. This act of plagiarism resulted in a lawsuit which was settled out of court for an undisclosed sum of money… which likely means The Emotions band not only got a windfall payment from Mariah, but they likely continue to receive royalties whenever Mariah’s song plays.

The Pointer Sisters and Journey

Even big named established pop rock acts can fall prey to ripping off the works of others. In 1986, Journey was involved in a number of various band personnel issues resulting in band lineup changes, along side Steve Perry’s own personal family medical issues involving his mother’s health. Unfortunately, this band trouble left the writing and recording of a big portion of Journey’s 1986 album Raised on Radio in a quandary.

One song that came out of this difficult recording period is the Journey song entitled Suzanne, with portions of this song sounding very much lifted from The Pointer Sister’s 1982 hit, I’m So Excited.

Pointer Sisters song: I’m So Excited (1982)
Journey song: Suzanne (1986)

The drums and some of the keyboard parts are almost identical. The guitar and Steve Perry’s vocals overlaid don’t sound much like I’m So Excited, but ripping the backing track is still ripping the backing track.

Status: Unknown

The Chiffons and George Harrison

When George Harrison (and the rest) split from the Beatles to go solo, one of George’s first radio hits was 1970’s My Sweet Lord. It later become apparent that much of the sound of this song could be attributed to (or was lifted from) a 1962 hit by the Chiffons entitled He’s So Fine.

The Chiffon’s Song: He’s So Fine (1962)
George Harrison song: My Sweet Lord (1970)

Status: This comparison didn’t go unnoticed. After being noticed, George Harrison attempted to buy out the Chiffon’s catalog from its then record label owner to quash the problem. When that purchase didn’t initially work out, George was found guilty of “subconscious plagiarism” and was fined around $1.5 million. Later, the amount was reduced to around $500k after George was finally able to acquire their music catalog and renegotiate the payment.

Andy Stone (Songwriter) and Mariah Carey

Once again, Mariah Carey is alleged to have ripped off material to produce her 1994 song “All I Want For Christmas Is You”. Mariah Carey collaborated on this song with Walter Afanasieff.

Andy Stone wrote a 1989 song of the same title “All I Want For Christmas Is You”. The melody and lyrics are somewhat different, but the “vibe” of the song is mostly the same as Mariah’s, at least so Andy Stone claims. It is possible that Mariah or Walter had heard this song and decided to collab on something similar for release in 1994, or at least so Andy Stone surmises. There’s really no way to know. Both Walter and Mariah argue the recollection of this song’s origination in a way that doesn’t include having heard Andy Stone’s version. Of course Mariah is going to say that. Why would any artist choose to freely admit to ripping off someone else?

Vince Vance and The Valiants: All I Want For Christmas Is You (1989)
Mariah Carey: All I Want For Christmas Is You (1994)

Status: Lawsuit is still in progress.

Marvin Gaye Estate and Robin Thicke + Pharrell Williams

Speaking of “vibe”, here’s the song that set the vibe precedent. No longer do songs have to have notes, chords and obvious plagiarized sounds, this song (and its court result) now allow lawsuits against artists who lift the overall vibe of a song. This is a slippery slope, but let’s vibe into this one.

Marvin Gaye song: Got To Give It Up (1977)
Robin Thicke and Pharrell Williams song: Blurred Lines (2013)

Status: The estate of Marvin Gaye argued that the vibe contained within Got To Give It Up was wholly reused within Thicke’s Blurred Lines. The court agreed and awarded the estate of Marvin Gaye $7.4 million, which was reduced down to $5.3 million and then reduced again on appeal to $4.9 million plus all future royalties.

This lawsuit and its subsequent court precedent opened the door allowing “vibe” (aka. similar sounding) music cases into court. This case’s court precedent, unfortunately, has opened the door to a whole lot more music plagiarism lawsuits.

Gustav Holst and John Williams

Star Wars was both a big blockbuster experience and a phenomenon. By the time The Empire Strikes Back released into the theaters in 1980, Star Wars had fully solidified itself as a pop phenomenon. The soundtrack music for this film was no exception. In fact, it would be Star Wars that would forever change the “summer blockbuster”, striking each into the stratosphere with each and every classical beat matched to film visual cues.

John Williams not only produced some of the most recognizable themes with Star Wars, these musical themes are so closely matched to each visual film beat, such film soundtracks would become the standard by which composers must comply if they choose to score a summer film blockbuster. Before Star Wars, music was mostly an afterthought for film, something that helped carry the film, but that remained loosely tied when compared to film visual beats. After Star Wars arrived, musical and visual beats became one-in-the-same. Not only do the musical themes need to be instantly recognizable, like Star Wars and Harry Potter, but the scores need to be perfectly married and timed to each scene to maximize that scene’s visual power.

Unfortunately, there’s always a fly in the ointment. The Empire Strikes Back introduced the Imperial March which, unfortunately, seems to have been almost wholesale lifted right from Gustav Holst’s Mars, part of Holst’s The Planets suite of music. When Holst released his symphonic suite in 1918, most audience members were flummoxed. They didn’t understand what they were hearing. Thus, it received mixed to negative reviews. In fact, Holst’s Planets suite was far, far ahead of its time. Listener’s couldn’t understand it because it needed a vehicle like Star Wars visuals to carry it. That wouldn’t happen until 1977.

Once again, nabbing a theme from a past space themed composition seems an almost obvious choice for a science fiction space film. Yet, there are still many who debate this fact. Seriously, you’re going to debate the fact that the John Williams’s Imperial March sounds like Holst’s Mars? It does. There’s no way around it. There is absolutely no debate involving this track.

Gustav Holst song: Mars (1918)
John Williams song: Imperial March (1980)

Status: Holst’s Planets Suite of music is now in the public domain in the United States (and most other countries) because it was published before January 1, 1928. Still, that doesn’t make ripping material from other artists “acceptable.” Plagiarism is still plagiarism.

Spirit and Led Zeppelin

One of the most iconic and popular rock songs to emerge from the early 1970s was Stairway to Heaven by Led Zeppelin. This song inspired many guitarists. In this Led Zeppelin song, the opening acoustic guitar riff and vocal ballad slowly gave rise to a rocking powerhouse of an ending in true Led Zeppelin form.

In 1968, a band named Spirit released a track entitled Taurus. This instrumental track opens to what sounds like violins followed by an acoustic guitar riff with an uncanny sameness to the riff that opens Stairway to Heaven. Unfortunately, the song Taurus never progresses beyond that mellow acoustic, almost symphonic track. Taurus also sports no vocals. Unlike Led Zeppelin’s multipart track which begins as an acoustic ballad and slowly progresses into a heavy rocking anthem complete with vocals, drums and lyrics, Taurus as a song doesn’t take on this extended structure.

Spirit song: Taurus (1968)
Led Zeppelin song: Stairway to Heaven (1971)

Status: While the estate of the late Randy Wolfe of Spirit claimed that Stairway to Heaven was ripped from Taurus, apparently the estate found that claim difficult to prove. Led Zeppelin won the case on appeal and the court found that Stairway to Heaven did not infringe on Taurus. The estate’s appeal to the Supreme Court was denied.

However, a discerning ear can definitely tell that the acoustic riff played in Taurus to be almost identical in structure to the riff played in the opening of Led Zeppelin’s Stairway to Heaven almost note for note. Either the court has a tone deaf ear or they intentionally chose to side with Led Zeppelin for some odd reason. Additionally, it is widely known that Led Zeppelin drew near plagiaristic inspiration from many rock and blues artists from the 50s, 60s and even from those directly around them to craft many of Led Zeppelin’s hits.

To compound matters over this situation, Led Zeppelin even opened shows for Spirit on Spirit’s 1968 tour, which would have allowed Led Zeppelin to see and hear how Spirit performed Taurus. The acoustic riff between these two songs being so uncannily similar and when combined with Led Zeppelin touring with Spirit, this being a coincidence is far too improbable. With that said, the fact that Led Zeppelin took Stairway to Heaven so far beyond where Taurus went musically is likely what confused the court. Still, a riff is a riff and plagiarism is plagiarism no matter how much or for how long it was used in a song.

Alexander Cardinale + Morgan Reid and Jake Owen

As stated earlier, even Country hits are not immune to plagiarism. In 2020, Jake Owen released his song Made for You, which became a hit country song on Billboard’s country charts in 2020.

Alexander Cardinale song: Made for You (2014)
Jake Owen song: Made for You (2020)

TMZ reports that songwriters Alexander Cardinale and Morgan Reid have filed suit in Nashville, alleging that Owen’s No. 1 hit “Made for You” lifted significant portions of its structure and lyrics from their song of the same name, which dates back to 2014.

Source: Taste of Country

Once again we see that the 2014 songwriters of their earlier release Made for You claim that Jake Owen ripped off significant portions of their 2014 song to drive his 2020 release, also entitled Made for You. The duo from the 2014 song are seeking a court trial.

Status: Unknown

References

• The Biggest Music Copyright Cases in History
• Mariah Carey sued for copyright infringement over All I Want for Christmas Is You
• Wikipedia for Mariah Carey Emotions
• Songs on Trial: 12 Landmark Music Copyright Cases
• Jake Owen Sued for Alleged Copyright Infringement Over No. 1 Hit ‘Made for You’
• Country Star Jake Owen Sued This Legal Mess is ‘Made For You’ !!!

This article is by no means a complete list. This is just a sampling of the most visible of many of these ripped off songs. Unfortunately, now with the “vibe” precedent firmly allowed in courts, many more lawsuits will commence claiming “vibe” theft. That “vibe” ideology is that a song “feels”, but does not necessarily sound or rip off notes or ideas from a previous song. Claimants simply need to show enough proof that “vibe” was a factor.

Allowing the “vibe” idea as a defense is now a big legal risk for the music business. Any Tom, Dick or Harry can claim their insignificant little track written 5 years ago and was barely even heard, but is now being infringed by a big name star who never even heard the track. There are only so many notes on the musical scale (12 major notes to be exact, with 5 more sharp/flat notes) and only so many ways to arrange all of these. Eventually, even coincidentally, it’s far too easy to arrange those limited numbers of notes in a similar fashion without even having heard anything prior. But, there are definitely unscrupulous and greedy people willing to capitalize on and at the expense of the the hard work of others.

↩︎