Unfortunate Sonic Coincidences: The Lawsuits

Published: Jan. 20, 2021, 5 a.m.

b"Okay\\u2026let\\u2019s go over this one more time\\u2026there are just twelve notes in the western scale\\u2026the ways they can be combined to form pleasing sounds are finite in number\\u2026it\\u2019s a big number, but it\\u2019s still finite\\u2026\\n\\nIf we look at chords\\u2014which are combinations of three or more single notes played simultaneously\\u2014the number is smaller still\\u2026and there are only so many ways in which chords may be played in a sequence that makes any sense to the ear and the soul\\u2026\\n\\nFor example, there are dozens and dozens of hit songs with the same four chords at their root\\u2026e, b, c#, and a, played in that order\\u2026\\n\\nIf I haven\\u2019t lost you to music theory yet, all these songs are constructed on those chords\\u2026 \\u201cWith or Without You\\u201d from U2, Green Day\\u2019s \\u201cWhen I Come Around\\u201d and \\u201cBullet With Butterfly Wings\\u201d from the Smashing Pumpkins, and The Offspring\\u2019s \\u201cSelf-Esteem\\u201d\\u2026plus \\u201cDon\\u2019t Stop Believin'\\u2019\\u201d by Journey, \\u201cBarbie Girl\\u201d by Aqua, and John Denver, \\u201cTake Me Home Country Roads\\u201d\\u2026\\n\\nIn fact, there\\u2019s a whole Wikipedia page dedicated to what\\u2019s know as the \\u201ci-v-vi-iv progression\\u201d\\u2026it can be played in different keys (for example, \\u201cbullet with butterfly wings\\u201d is in b-flat while \\u201cself-esteem\\u201d is in c-major) and the chords can be ordered differently, but the common dna is there\\u2026this is just how our scale works and how songs are constructed\\u2026\\n\\nNow listen to me: this is not a sign that any of these artists lack in creativity\\u2026 no one is breaking any rules\\u2026and no one is ripping off anyone because no one can have exclusive ownership over a chord progression\\u2026\\n\\nHowever, there is a subset of people\\u2014lawyers, mostly\\u2014who believe that they should be able to sue artists for plagiarism if there\\u2019s any perceived similarity between two songs\\u2026the original composer needs to be compensated for this alleged theft\\u2026even the threat of a lawsuit and jury trial might be enough to scare up some settlement money\\u2026\\n\\nThis is insane\\u2026and the situation has been getting worse and worse\\u2026I think it\\u2019s time we deconstructed what\\u2019s happening with these crazy lawsuits that threaten to cripple all of music\\u2026\\nLearn more about your ad choices. Visit megaphone.fm/adchoices"