CLOSE
Getty Images
Getty Images

11 Artists Accused of Music Plagiarism

Getty Images
Getty Images

Could it be true? That the summer’s biggest hit is not really a Robin Thicke original? That’s the latest controversy brewing over Thicke’s “Blurred Lines.” After being warned that a lawsuit was perhaps forthcoming, Thicke preemptively sued the copyright holders for Marvin Gaye’s “Got to Give it Up” and George Clinton’s “Sexy Ways,” asking a federal judge to determine that the song is not derivative of the other two works. You can decide for yourself: Thicke vs. Gaye.

Thicke is far from alone, though: There’s a long line of accusers and accused who have found themselves in similar situations.

1. My Sweet Lord/He’s So Fine

The Issue: Although it contained some embellishment, Harrison’s 1970 solo effort “My Sweet Lord” basically had the exact same melody as The Chiffons’ 1963 hit “He’s So Fine.”

The Ruling: Though it was decided that Harrison didn’t purposely steal the song—it was considered a case of subconscious theft—he was ordered to pay $1.6 million to Bright Tunes Music Corporation, about 75 percent of the song’s North American sales. This was later downgraded to $587,000, but Harrison later admitted that the ruling left him too paranoid to write songs for quite some time.

2. Ghostbusters/I Want a New Drug

The Issue: Allegedly, the producers behind Ghostbusters approached Ray Parker, Jr., and asked him to come up with a song that included the name of the film, but was rather simple otherwise. They played Huey Lewis’ “I Want a New Drug” for Parker as an example of the sound they wanted, and Parker apparently just lifted the bass line and guitar riff almost directly. Huey Lewis and his people sued for $5 million.

The Ruling: They settled out of court, and the terms of the settlement were confidential until Huey Lewis did VH1’s Behind the Music series in 2001, when he said, “The offensive part was not so much that Ray Parker Jr. had ripped this song off, it was kind of symbolic of an industry that wants something—they wanted our wave, and they wanted to buy it. ... [I]t's not for sale. ... In the end, I suppose they were right. I suppose it was for sale, because, basically, they bought it."

Ray Parker, Jr., sued him for breaching the confidentiality agreement. It doesn’t appear that the results of that lawsuit were made public, so it looks like people are keeping their mouths shut this time.

3. Last Nite/American Girl

The Issue: The Strokes flat out admitted that they took the opening of "Last Night" directly from "American Girl."

The Ruling: Tom Petty wasn’t interested in a lawsuit. “That made me laugh out loud. I was like, ‘OK, good for you.’ It doesn’t bother me … If someone took my song note for note and stole it maliciously, then maybe. But I don’t believe in lawsuits much. I think there are enough frivolous lawsuits in this country without people fighting over pop songs.” Petty had a similar reaction when people pointed out the similarities between the Red Hot Chili Peppers' "Dani California" and Petty's "Last Dance With Mary Jane." He told Rolling Stone, “The truth is, I seriously doubt that there is any negative intent there. And a lot of rock and roll songs sound alike. Ask Chuck Berry.”

4. Bitter Sweet Symphony/The Last Time

The Issue: The famous opening (and continued theme) from "Bitter Sweet Symphony" was borrowed from an orchestral version of the Stones’ “The Last Time.”

The Ruling: It was bittersweet, all right. A judge ordered The Verve to give musical credit entirely to Jagger-Richards—not to mention all of the profit, meaning that the band didn’t make a dime off of their most popular song. Lead singer Richard Ashcroft called it the best song the Rolling Stones had written in 20 years.

5. Hello I Love You/All Day and All of the Night

The Issue: The chord structure and rhythm are the same in both songs, and the choruses share the same melody.

The Ruling: Despite urging from their lawyer, The Kinks never took legal action. Doors guitarist Robbie Krieger later stated in the liner notes of a box set that although they didn’t rip anything off from the Kinks, they did rip the drumbeat of the song from Cream’s “Sunshine of Your Love.”

6. Frozen/Ma vie fout le camp

Frank Micelotta/ImageDirect/Getty Images

The Issue: The opening four bars to “Frozen” from Madonna’s Ray of Light album are virtually identical to “Ma vie fout le camp” by Salvatore Acquaviva.

The Ruling: Madonna lost... but only in Belgium, where Acquaviva is from. Although a Belgian judge ruled that “Frozen” was, in fact, plagiarized, Madge didn’t have to pay any damages. The judge ruled that the album be pulled from shelves and that the song be removed from radio and television play in Belgium. Just Belgium. Madonna being Madonna, she of course flouted the ruling and played the song on her Sticky and Sweet tour stop in Belgium in 2009. Aqcuaviva’s representatives declined to sue.

Madonna was also accused of stealing parts of "Justify My Love" from Public Enemy.

7. Folsom Prison Blues/Crescent City Blues

Getty Images

The Issue: "Folsom Prison" is almost the exact same song—even down to the lyrics—as "Crescent City Blues," which came out two years before the Johnny Cash hit. Gordon Jenkins, the original songwriter, was not credited at all.

The Ruling: Cash ended up paying Jenkins about $75,000 after the At Folsom Prison album became popular. He got off easy. Listen to the songs. They’re almost identical.

8. You Are Not Alone/If We Can Start All Over

Getty Images

The Issue: Twin composers Eddie and Danny Van Passel alleged that songwriter R. Kelly stole pretty much their entire 1993 song "We Can Start All Over." "You Are Not Alone" was released in 1995. 

The Ruling: In 2007, a Belgian court finally ruled that R. Kelly did indeed steal from the Van Passel brothers. The judgment is only recognized in Belgium, where airplay of "You Are Not Alone" has been banned.

9. Surfin’ USA/Sweet Little Sixteen

The Issue: It’s the same song. Seriously, you can play “Sweet Little Sixteen” and sing the lyrics to “Surfin’ USA” and it fits perfectly. Berry’s record label noticed the striking similarity and went after the Beach Boys, who freely admitted they had ripped off the melody—and even the lyrical theme of visiting various locations. “I was going with a girl called Judy Bowles, and her brother Jimmy was a surfer. He knew all the surfing spots,” Brian Wilson said. “I started humming the melody to 'Sweet Little Sixteen' and I got fascinated with the fact of doing it, and I thought to myself, 'God! What about trying to put surf lyrics to Sweet Little Sixteen's melody?’”

The Ruling: Berry won co-authorship on the song, plus a portion of royalties from “Surfin’ USA.”

10. The Air that I Breathe/Creep

The Issue: Radiohead’s debut single borrows a bridge section from The Hollies’ “The Air That I Breathe”. I was kind of doubtful about this one, but parts of these songs are shockingly similar.

The Ruling: According to Albert Hammond, co-author of The Hollies’ song, he and Thom Yorke agreed “Creep” had creeped on “The Air That I Breathe,” so Yorke agreed to share writing credit with Hammond and Mike Hazlewood and gave them both a portion of the royalties.

11. Come Together/You Can’t Catch Me

Getty Images

The Issue: Berry’s song “You Can’t Catch Me” contains the lyric, ”Here come a flattop, he was movin' up with me.” Sound familiar? It sounded familiar to Chuck Berry too, right down to the voice inflections.

The Ruling: To keep Berry and Morris Levy, his publisher, happy, John Lennon agreed to record three more songs from Levy’s catalog. This did not go well. When Lennon only came through with two songs, Levy sued Lennon and ended up winning just under $7000. This was a pittance compared to what Lennon sued Levy for. Levy released an unauthorized album of Lennon songs based on the rough cuts Lennon sent over when he was trying to pick three songs to record to fulfill the original agreement. Levy ended up having to pay EMI $109,700 and $42,000 to Lennon for damaging his reputation with the poor quality of the record and the “horrible” cover art.

See Also:: The Time John Fogerty Was Sued for Ripping Off John Fogerty

nextArticle.image_alt|e
20th Century Fox Home Entertainment
arrow
entertainment
15 Festive Facts About Jingle All the Way
20th Century Fox Home Entertainment
20th Century Fox Home Entertainment

In all of Arnold Schwarzenegger's film oeuvre, Jingle All the Way might just be the one that most exhibits the ugliness of humanity. Set on a fevered Christmas Eve brimming with desperate last-minute shoppers, Schwarzenegger's Howard Langston and Sinbad's postal worker character Myron Larabee find themselves battling one another to make themselves look good to their sons by getting their hands on the elusive Turbo Man action figure. The comedic genius Phil Hartman; Rita Wilson; future young Anakin Skywalker, Jake Lloyd; Laraine Newman; Harvey Korman; Martin Mull; Curtis Armstrong; and Chris Parnell were the other willing participants in this cult comedy, directed by Brian Levant. Here are some things you might not have known about the contemporary holiday classic.

1. ARNOLD SCHWARZENEGGER WAS ABLE TO PLAY THE LEAD BECAUSE OF A DELAY ON A PLANET OF THE APES REMAKE.

Arnold Schwarzenegger signed up to star in the Apes remake in March of 1994, but 20th Century Fox rejected multiple scripts for the movie, including one co-written by Chris Columbus (Gremlins, The Goonies). Columbus left the project in late 1995, and Schwarzenegger followed him soon after, freeing him to sign up for Jingle All the Way, produced by Columbus, in February 1996. Fox's Planet of the Apes reboot found its way into theaters in 2001, starring Mark Wahlberg and directed by Tim Burton.

2. SINBAD THOUGHT HE SCREWED UP THE AUDITION.

Sinbad in 'Jingle All the Way' (1996)
20th Century Fox Home Entertainment

Filming was delayed so that Sinbad could follow through on his commitment to travel to Bosnia with Hillary Clinton. Even though Columbus agreed to wait for him, the comedian still thought he "messed up" his audition and told his manager-brother he was going to quit show business.

3. OFFICER HUMMELL WAS INITIALLY WRITTEN AS A WOMAN.

Though the role of Officer Hummell was written for a woman, the part went to Robert Conrad. Conrad's explanation was that the producers "wanted someone who could pull up next to Arnold and tell him to pull over and he pulls over."

4. IT WAS CHRIS PARNELL'S FIRST MOVIE.

The future SNL star played the toy store clerk. "Well, it was my first movie role, and I didn't know how they typically shot scenes," Parnell admitted in a Reddit AMA. "So I had to laugh a lot, and I sort of spent all of my laughing energy in the wider takes, so by the time we got to the close-up shots, it was a real struggle to keep that going."

5. MARTIN MULL STAYED ON SET FOR OVER TWO WEEKS LONGER THAN HE WAS SUPPOSED TO.

Mull (KQRS D.J. a.k.a. Mr. Ponytail Man) was told it would just be a one- to two-day shoot for him. Unfortunately, his part had to be shot on a rainy day, and it didn't rain in Minneapolis for two and a half weeks.

6. PHIL HARTMAN MADE UP A BACKSTORY FOR HIS CHARACTER.


20th Century Fox Home Entertainment

Hartman (Ted Maltin) was probably joking for the film's official production notes, but you never know. "Ted is a guy who sued his employer for headaches caused by toner fumes and now hangs around the neighborhood and helps all the housewives," Hartman said. He also offered a take on how he was kind of being pigeonholed in Hollywood when he added, "Ted's another weasel to add my list of weasels."

7. HARTMAN ENTERTAINED HIS BORED YOUNG CO-STARS.

To keep young E.J. De la Pena (Johnny Maltin) and Jake Lloyd (Jamie Langston) from getting bored shooting a car scene all day, Hartman improvised songs designed to bring kids to hysterics. One tune contained the lyrics “You make my butt shine, the more you kiss it, the more it shines! The clock is ticking, so keep on licking, oh how you make my buttocks shine!”

"When you’re an 8 year old hearing that kind of potty humor, it was hilarious!" De la Pena remembered. "And we had a lot of fun."

8. JAMES BELUSHI HAD EXPERIENCE PLAYING SANTA BEFORE.

Belushi sort of trained to portray the Mall of America Santa in the movie by playing Kris Kringle for four years in "about 20" different homes, according to his estimation.

9. SHOOTING BEGAN IN MID-APRIL.

The Minneapolis/St.Paul areas were chosen because the producers figured they had the longest winter. But they also filmed in Los Angeles' Universal Studios for the big parade over a three week span, where it was typical hot California weather on the verge of summer. Sinbad remembered it was 100 degrees on the days when he wore the Dementor costume, and the water in his helmet had started to boil.

10. THE REAL TURBO MAN DIDN'T SWEAT.

Daniel Riordan's Turbo Man suit ensured he wouldn't have trouble with the scorching heat. He was wearing a vest underneath used by race car drivers. "They're very thin membrane vests that are filled with small, plastic tubing that's tightly coiled, back and forth, and they run cold water through it," Riordan explained. "So when they run it, it's like this cold water right up against your body and it was amazing. The sensation was fantastic."

11. TURBO MAN FIGURES WERE SOLD AT WAL-MART.

200,000 were originally produced and sold at 2,300 Wal-Mart shops for $25. They would have made more but, as Fox’s president of licensing and merchandising explained to Entertainment Weekly, there were only six and a half months to produce and promote Turbo Man toys, and it usually takes "well over a year."

12. THEY ALMOST SOLD DEMENTOR DOLLS TOO.

Sinbad recalled that the studio didn't sell Dementor action figures even though they tested high during research. "I had a prototype of the doll but they said 'give it back, we'll get you the real one when it comes out,'" Sinbad said." ...And dude, it NEVER came out!" Sinbad told Redditers his theory: "I think that they didn't want the competition between Turbo Man and my doll."

13. SOME PARENTS HAD ALCOHOL-RELATED COMPLAINTS AFTER TEST SCREENINGS.


20th Century Fox Home Entertainment

Schwarzenegger and Sinbad talking at a bar over some alcohol, and the fact that reindeer also imbibed in beer, were among some of the problems mothers and other early viewers took issue with.

14. THE FILMMAKERS WERE SUED FOR PLAGIARISM, AND LOST.

Randy Kornfield penned the official script, but high school teacher Brian Alan Webster alleged his Could This Be Christmas? script was very similar. The publishing firm that had the rights to Webster's script won a $19 million lawsuit from 20th Century Fox, but the ruling was overturned in 2004. Webster's screenplay was about “the quest of a Caucasian mother attempting to obtain a hard-to-get action figure toy as a Christmas gift for her son. In the course of this pursuit, she competes with an African-American woman, similarly seeking to give the action figure doll as a Christmas gift.”

15. THERE WAS A SEQUEL STARRING LARRY THE CABLE GUY.

None of the original cast members nor characters returned in the straight-to-DVD Jingle All the Way 2 (2014). It was produced by 20th Century Fox and WWE Studios and featured wrestler Santino Marella. Sinbad expressed incredulity when a Redditer inquired if he was asked to return for it. "What they are doing a new version without me! Ain't gonna work!"

Additional Sources:

Schaefer, Stephen: "Sinbad leaps at the chance to go postal in Jingle All the Way," December 6, 1996; Des Moines Register

nextArticle.image_alt|e
Twentieth Century Fox
arrow
entertainment
10 Rich Facts About Wall Street
Twentieth Century Fox
Twentieth Century Fox

It’s often said that the love of money is the root of all evil. Wall Street could have easily turned this sentiment into a tagline. A gripping financial thriller, the Oliver Stone classic is a cautionary tale whose message is every bit as relevant today as it was when it was released 30 years ago today.

1. OLIVER STONE WOULD DELIBERATELY TICK OFF MICHAEL DOUGLAS BETWEEN TAKES.

“As a director, he really tests you,” Douglas said of Stone. Around two weeks after shooting had started, Stone showed up at the actor’s trailer and asked “Are you on drugs? Because you look like you’ve never acted before in your life.” Mortified, Douglas took a look at some footage they’d already shot. Yet, after diligently reviewing it, he could find nothing wrong with his performance. “I came back to Oliver and said … ‘I think it’s okay,” Douglas remembers. “Yeah, it is, isn’t it?” Stone replied.

Eventually, Douglas wised up to his boss’s overly critical act. “Basically, what he wanted was to ratchet up that much more nastiness in Gordon Gekko,” Douglas explained. “And he was willing … for me to hate him for the rest of that movie just to bring it up a little more.” 

2. WALL STREET WON BOTH AN OSCAR AND A RAZZIE.


Getty Images

Douglas’s cold portrayal of the unscrupulous Gekko netted him an Academy Award for Best Actor in 1988. On the other hand, critics were thoroughly unimpressed by leading lady Daryl Hannah, who took home a Worst Supporting Actress Razzie.

3. GORDON GEKKO’S FAMOUS PHONE WEIGHED TWO POUNDS.

In one pivotal scene, Gekko rings Bud with a state-of-the-art mobile communication device. Specifically, it’s a Motorola DynaTac 8000X. Released in 1983, this brick-shaped cell phone was 13 inches long, weighed two pounds, and cost the equivalent of $8,806 in modern dollars. During the 2010 sequel Wall Street: Money Never Sleeps, the anachronistic gadget returned for a quick sight gag.

4. CHARLIE SHEEN CHOSE TO HAVE HIS REAL FATHER PORTRAY HIS FICTIONAL ONE.

“It was interesting having my dad play my dad,” Sheen said on the DVD's “making of” documentary. Wall Street’s most dramatic arc revolves around Bud and Carl Fox, who were played by Charlie and Martin Sheen, respectively. Stone had built a strong working relationship with the former on the set of 1986’s Platoon. So when the time came to cast Carl, he had the younger Sheen make the call, asking “Do you want Jack Lemmon or do you want your father?” “Oh, Jack Lemmon’s a genius,” the actor said, “but my dad’s my dad and he’s kind of a genius, too.”

5. SCREENWRITER STANLEY WEISER COULDN'T FIND INSPIRATION IN EITHER CRIME AND PUNISHMENT OR THE GREAT GATSBY.

Before the writer could get started, Stone gave him a little homework. Originally, the film was conceived as “Crime and Punishment on Wall Street.” When Weiser was brought aboard one fateful Friday, Stone told him to read Dostoyevsky’s novel over the weekend. “Not having taken an Evelyn Wood Speed Reading class, I went to UCLA and purchased the Cliffs Notes,” Weiser wrote in 2008.

But the literary exercise proved futile. “On Monday, I explained to Oliver that the paradigm for that masterwork would not mesh well with the story we wanted to tell.” In a flash, Stone hit him with another assignment. “Okay,” he ordered, “read The Great Gatsby tonight, and see if we can mine something out of it.” This time, Weiser simply rented the 1974 movie adaptation. Once again, though, inspiration eluded him.

Wall Street as we know it didn’t really start to take shape until after a change in tactic: When Gatsby led him nowhere, Weiser read everything about finance that he could track down and, along with Stone, “spent three weeks visiting brokerage houses, interviewing investors and getting a feel for the Weltanschauung of Wall Street.”

6. PARTS OF THE MOVIE WERE SHOT AT THE NEW YORK STOCK EXCHANGE DURING WORKING HOURS.


Getty Images

Permission was secured with the help of Kenneth Lipper, a longtime Wall Street insider who also served as New York City's deputy mayor from 1982 to 1985. For the film, Stone brought him on board as the chief technical advisor.

7. TWO MONTHS BEFORE THE FILM’S RELEASE, THERE WAS A MAJOR WALL STREET CRASH IN REAL LIFE.

Historians now call it “Black Monday.” On October 19, 1987, the Dow Jones Industrial Average dropped by a staggering 22.6 percent. It was the largest single-day stock market decline of all time, with $500 billion suddenly going up in smoke. Wall Street would hit theaters on December 11, leading conspiracy theorists to wonder if Stone had seen the crisis coming and made his movie to exploit it. 

“I did not foresee the crash, as some people say, because if I had, I would have made a lot of money,” Stone quipped.

8. GEKKO WAS BASED ON THREE BIG-NAME FINANCIERS. 


Getty Images

“If you need a friend, get a dog,” Gekko advises his young protégé. This quote was adapted from a remark that corporate raider Carl Icahn once made (which he had cribbed from Harry Truman). In 1985, Icahn became a notorious figure by taking over TWA airlines under the pretense of making it more profitable only to sell off its assets for his own gain. Gekko, no doubt, would’ve approved.

Wall Street’s charismatic antagonist also took cues from Asher Edelman, a financier and major league art enthusiast. Another source of inspiration was arbiter Ivan Boesky, who confessed to illegal insider trading in 1986 and ended up in jail in 1988 (more about him later).

9. STONE’S FATHER WAS A STOCKBROKER.

A survivor of the Great Depression, Louis Stone had a huge influence on his cinematically-inclined son. “The main motivation to make Wall Street was my father,” the director admitted. “He always said there were no good business movies, because the businessman was always the villain.” In the end, Wall Street was dedicated to the elder Stone, who passed away two years before its release. 

10. GEKKO’S BIG LINE IS NUMBER 57 ON THE AMERICAN FILM INSTITUTE’S TOP 100 MOVIE QUOTES LIST.

“Greed, for lack of a better word, is good” finished just ahead of “Keep your friends close, but your enemies closer” from The Godfather: Part II. Gekko might as well have been quoting Boesky: At a 1985 commencement address given at UC Berkeley, the trader said “Greed is all right, by the way. I want you to know that. I think greed is healthy. You can be greedy and still feel good about yourself.”

Newsweek later reported on the speech—and made a telling observation. “The strangest thing, when we come to look back,” the magazine argued, “will not just be that Ivan Boesky could say that at a business school graduation, but that it was greeted with laughter and applause.”

SECTIONS

arrow
LIVE SMARTER
More from mental floss studios