Scarinci Hollenbeck, LLC, LLCScarinci Hollenbeck, LLC, LLC

Firm Insights

How Three Artists Resolved A Copyright Conflict With Ease

Author: Scarinci Hollenbeck, LLC

Date: February 25, 2015

Key Contacts

Back

Recently, a rising Grammy-winning artist’s hit single made the news rounds as it was found to be derivative of a prior work. While this copyright conflict case ended amicably, it doesn’t always play out this way.

During the writing process for Sam Smith’s “Stay With Me,” the song’s similarities with Tom Petty and Jeff Lynne’s 1989 hit “I Won’t Back Down,” allegedly went completely unnoticed by Smith and all songwriters involved. Petty and Lynne’s classic was ubiquitous around the time it was released – which has led many to question whether everyone involved in putting together “Stay With Me” was really unaware of the 1989 classic.

Despite Smith’s knowledge (or lack thereof) regarding Petty’s discography, the similarities between the two songs were quickly noticed and the issue was resolved last year. With Smith hitting the headlines recently for his success at the Grammys and Petty for his wonderfully relaxed response to “Stay With Me”‘s similarities to his own hit, it seems like now is a great time to take a look at this facet of entertainment law.

Proving music plagiarism: The basics

Here are the basics of music plagiarism: The plaintiff – in this case Petty and Lynne – notice similarities between a song authored by the individual or group on another more recently released piece. The burden is then placed on the plaintiff, or “Petty/Lynne,” to prove that the allegedly derivative composition is both significantly similar to the plaintiff’s own song due to copying.

In reality, its pretty hard not to indirectly copy a previously composed work. There are only so many chords, notes and melodies used in songwriting NOT to be derivative of previous works. With that said, experts eventually came to an agreement that Smith’s song was notably similar to Petty/Lynne’s in that not only in one portion of “Stay With Me,” but almost the entirety of the track seemed to be imitative of “I Won’t Back Down.” The “looping” (as it’s called) of the vocal progression included in both songs, is the reason why experts have concluded that Smith’s work is, in fact, derivative of Petty and Lynne’s.

The challenging part is that even if the plaintiff can show both of the above to be true, how can it subsequently be proven that the author of the second song, or Smith in this case, had heard the original work. Generally, the course of action is to prove that the Smith party had access to the plaintiff’s work. Access meaning that the Petty/Lynne party’s composition was widely distributed via broadcast, sales or sheet music. You can assume that “I Won’t Back Down” is a fairly accessible song due to its commercial success.

The tricky thing is that in the age of the internet, access is fairly easy to prove. For example, if Petty and Lynne were just a couple of guys who had posted this song to 10 fans on Bandcamp a few years ago, could you still say that Smith had access to it? When an artist is unknown enough to make access an iffy subject, courts have still sided with the plaintiff as long as the similarities are “substantial and striking” enough to prove copying rather than mere coincidence.

The relative ease of Smith’s agreement with Petty and Lynne

Now, let’s take a look at how the case between Petty/Lynne and Smith turned out. Last year, Petty and Lynne’s publishers contacted Smith’s, and explained that the British singer’s song sounded very similar to “I Won’t Back Down.” From there, the exchange went fairly civil and though it occurred in October, the details were released only recently.

Although they did assert that the similar progressions in the songs’ choruses were just coincidence, Smith’s team recognized the commonalities between the two singles and agreed to give Petty/Lynne credit.

Ultimately, it was decided that Petty and Lynne would receive 12.5 percent songwriting credit each for “Stay With Me.” ASCAP has updated the credits for Smith’s first song – originally listed as James Napier, William Phillips and Smith – to include Petty and Lynne.

The Smith vs. Petty/Lynne resolution was remarkably amicable in relation to other recent cases of music plagiarism.

For example, the similarities between Marvin Gaye’s “Got to Give It Up” and Robin Thicke’s recent smash hit, “Blurred Lines”, led to a lawsuit between Gaye’s family, Thicke and his team. Recently, Gaye’s family reached a settlement with Sony/ATV, but the conflict between Thicke and the plaintiffs remains ongoing. It’s rare that artists in Smith’s shoes simply agree to fork over royalties due to undeniable similarities.

As previously stated, these cases are fairly common in that songs are often derivative of previous works due to the personal nature of composing them and the limited combination of sounds available. Petty himself has even been accused of borrowing lyrics from The Replacements. The difference between ongoing cases such as Thicke’s and resolved conflicts like Smith’s is the way that the parties involved choose to approach the situation.

Smith’s party still hasn’t acknowledged access to Petty and Lynne’s song. They’ve repeatedly insist that no one involved in writing “Stay With Me” had ever even heard “I Won’t Back Down.” However, they still acknowledged the substantial and striking similarities between the two songs and came to an agreement with Petty and Lynne – a rare example of an easily resolved music plagiarism case.

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Scarinci Hollenbeck, LLC, LLC

Related Posts

See all
What to Do If You Are Impacted by a Retailer Bankruptcy Part 2 post image

What to Do If You Are Impacted by a Retailer Bankruptcy Part 2

Over the past year, brick-and-mortar stores have closed their doors at a record pace. Fluctuating consumer preferences, the rise of online shopping platforms, and ongoing economic uncertainty continue to put pressure on the retail industry. When a retailer seeks bankruptcy protection, a myriad of other businesses are often impacted. Whether you are a supplier, customer, […]

Author: Brian D. Spector

Link to post with title - "What to Do If You Are Impacted by a Retailer Bankruptcy Part 2"
The Current Administration's Proposals for the Financial Services and Banking Industries Will Affect Your Business post image

The Current Administration's Proposals for the Financial Services and Banking Industries Will Affect Your Business

Since his inauguration two months ago, Donald Trump’s administration and the Congress it controls have indicated important upcoming policy changes. These changes will impact financial services policies and priorities. The changes will particularly affect cryptocurrency, as well as banking rules and regulations. Key Regulatory Changes in Cryptocurrency For example, in the burgeoning cryptocurrency business environment, […]

Author: Dan Brecher

Link to post with title - "The Current Administration's Proposals for the Financial Services and Banking Industries Will Affect Your Business"
Tips for Commercial Landlords Impacted by Wave of Retailer Bankruptcies Part 1 post image

Tips for Commercial Landlords Impacted by Wave of Retailer Bankruptcies Part 1

The retail sector has experienced a wave of bankruptcy filings over the last year. Brick-and-mortar businesses in financial distress include big-name brands like Big Lots, Party City, The Container Store, and Vitamin Shoppe. When large retailers seek bankruptcy protection, they are not the only businesses impacted. Landlords can be particularly hard hit. While commercial landlords […]

Author: Brian D. Spector

Link to post with title - "Tips for Commercial Landlords Impacted by Wave of Retailer Bankruptcies Part 1"
How Understanding Bankruptcy Trends Can Benefit Your Business post image

How Understanding Bankruptcy Trends Can Benefit Your Business

The bankruptcy legal landscape presents both challenges and opportunities for businesses navigating financial distress. Understanding current bankruptcy trends can help businesses make more informed and strategic decisions. Corporate Bankruptcy Filings Trending Upwards Bankruptcy filings continued to trend upwards in 2024. According to statistics released by the Administrative Office of the U.S. Courts, personal and business […]

Author: Brian D. Spector

Link to post with title - "How Understanding Bankruptcy Trends Can Benefit Your Business"
SEC Takes Actions Against Issuers for Failure to File Form D post image

SEC Takes Actions Against Issuers for Failure to File Form D

In December, the U.S. Securities and Exchange Commission (SEC) announced charges against two privately held companies for failing to file a Form D notice, which is generally utilized for exempt securities offerings. Here, the SEC’s enforcement sends a strong message: compliance with regulatory requirements is not optional and failure to comply can have significant consequences. […]

Author: Kenneth C. Oh

Link to post with title - "SEC Takes Actions Against Issuers for Failure to File Form D"
Redefining Labor Relations: NLRB's Pivot from Abruzzo’s Memoranda post image

Redefining Labor Relations: NLRB's Pivot from Abruzzo’s Memoranda

On February 14, 2025, the Office of General Counsel (OGC) of the National Labor Relations Board (NLRB) under Acting General Counsel William B. Cowen issued Memorandum 25-05, “New Process for More Efficient, Effective, Accessible and Transparent Case handling.” The Memorandum rescinds nearly all of the Memoranda issued by his direct predecessor, Jennifer Abruzzo, setting the […]

Author: Matthew F. Mimnaugh

Link to post with title - "Redefining Labor Relations: NLRB's Pivot from Abruzzo’s Memoranda"

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Sign up to get the latest from our attorneys!

Explore What Matters Most to You.

Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.

Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.

Let`s get in touch!

* The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!

Please select a category(s) below: