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opeth.db
Taken from Blabbermouth...

COLDPLAY has issued a statement in response to the lawsuit filed against the band by guitarist Joe Satriani in which he claims that COLDPLAY ripped off portions of his song "If I Could Fly" for the group's Grammy-nominated track "Viva La Vida".

"With the greatest possible respect to Joe Satriani, we have now unfortunately found it necessary to respond publicly to his allegations," read the statement. "If there are any similarities between our two pieces of music, they are entirely coincidental, and just as surprising to us as to him. Joe Satriani is a great musician, but he did not write the song 'Viva La Vida'. We respectfully ask him to accept our assurances of this and wish him well with all future endeavours."

In response to COLDPLAY's statement, Satriani's lawyer, Howard E. King, told the Associated Press that COLDPLAY's public reaction was dramatically different from how the guitarist's claims were treated before the lawsuit was filed.

"We attempted to have a dialogue on this before we went public," King said. "We felt almost forced to file suit."

"As far as the 'coincidence,' ultimately that's for a jury to decide," he added.

In an interview with Music Radar conducted this past weekend, Satriani stated about the lawsuit he filed against COLDPLAY, "I felt like a dagger went right through my heart. It hurt so much. The second I heard it, I knew it was 'If I Could Fly'." Satriani added that he has been flooded with emails about the alleged similarity, saying, "Everybody noticed the similarities between the songs. It's pretty obvious. It's as simple as that — when you listen to a song and you say, 'Wow, that's a real rip-off.'"

Satriani filed a copyright infringement suit in Los Angeles last Thursday (December 4). He is seeking a jury trial, damages and "any and all profits" attributable to the alleged copyright infringement.

The guitarist said he "did everything I could to avoid a court case," but claims that "COLDPLAY didn't want to talk about it. They just wanted this whole thing to go away. ... But we're talking about a piece of art that I created, and that's something I feel is important. I think everybody should feel that way."

According to MTV.com, COLDPLAY made mention of Satriani's case against them before the suit was actually filed. During a recent live taping for Yahoo.com, COLDPLAY singer Chris Martin said about the song, "We are being sued by about 12 people who say that we stole it, though I promise we didn't. Including ... I probably shouldn't say (laughs). I can't tell you, I can't tell you, but it rhymes with Moe Batriani."

Industry blogger Bob Lefsetz wrote on Monday (December that all Satriani has to prove in court is that COLDPLAY could have had access to his song, adding, "COLDPLAY absolutely can't win this case. Or even if they possibly could, their image has already been shredded."
Fsgdjv
QUOTE (opeth.db @ Dec 10 2008, 02:52 PM) <{POST_SNAPBACK}>
Industry blogger Bob Lefsetz wrote on Monday (December that all Satriani has to prove in court is that COLDPLAY could have had access to his song, adding, "COLDPLAY absolutely can't win this case. Or even if they possibly could, their image has already been shredded."


If that is true then there is something horribly wrong with this world. However I can't imagine something like that actually happening, and if Satriani would win, it would mark a sad day in the history of music.
OrganisedConfusion
QUOTE (Fsgdjv @ Dec 10 2008, 01:55 PM) <{POST_SNAPBACK}>
If that is true then there is something horribly wrong with this world. However I can't imagine something like that actually happening, and if Satriani would win, it would mark a sad day in the history of music.

It is from an internet blogger lol. Hardly a good source. I think this statement is much more grown up than Satchs. Just keep it simple and basically saying in court it will be decided. And I for one can't see Coldplay losing and their reputation certainly isn't shredded lol.
Fsgdjv
QUOTE (OrganisedConfusion @ Dec 10 2008, 02:58 PM) <{POST_SNAPBACK}>
It is from an internet blogger lol. Hardly a good source. I think this statement is much more grown up than Satchs. Just keep it simple and basically saying in court it will be decided. And I for one can't see Coldplay losing and their reputation certainly isn't shredded lol.


I know, that's why I said "if this is true", as I seriously doubt it. And ofc they aren't losing their reputation, at least not from sane people.
Guitarman700
im REALLY REALLY Sick of this....
OrganisedConfusion
QUOTE (Guitarman700 @ Dec 10 2008, 01:59 PM) <{POST_SNAPBACK}>
im REALLY REALLY Sick of this....

I really hope part 5 says this has been ended laugh.gif
opeth.db
QUOTE (OrganisedConfusion @ Dec 10 2008, 09:01 AM) <{POST_SNAPBACK}>
I really hope part 5 says this has been ended laugh.gif


LMAO!
Gabriel Leopardi
Same Melody, same chord progression, same rhythm and same tempo.... It's impossible for Coldplay to win this battle... there are too many identical charateristics between the songs to be a
coincidence. ohmy.gif
opeth.db
QUOTE (Gabriel Leopardi @ Dec 10 2008, 09:23 AM) <{POST_SNAPBACK}>
Same Melody, same chord progression, same rhythm and same tempo.... It's impossible for Coldplay to win this battle... there are too many identical charateristics between the songs to be a
coincidence. ohmy.gif


You mean Satch right?
Capt.Z
QUOTE (Gabriel Leopardi @ Dec 10 2008, 09:23 AM) <{POST_SNAPBACK}>
Same Melody, same chord progression, same rhythm and same tempo.... It's impossible for Coldplay to win this battle... there are too many identical charateristics between the songs to be a
coincidence. ohmy.gif

I know, what are the odds!!! ohmy.gif


Moe Batrianilaugh.gif
Ivan Milenkovic
Moe Batriani is gonna get some cash as far as I can see, wheter you like it or not guys smile.gif
Pedja Simovic
Satch is going to win this 100%

I did not know they didnt want to discuss it with him before taking it to court ?
The worst thing about it is they even made jokes about it in live concert!

Man , they will pay up big time.
Satriani has been around more than Coldplay smile.gif
Iluha
The more it proceeds, the more I lean towards Coldplay's side..

As much as I respect Satriani, this is all a bit childish and something I would expect from an unknown musician.

I think Coldplay are smart enough not to copy music, especially not famous music like Satriani's...
OrganisedConfusion
QUOTE (Iluha @ Dec 11 2008, 05:03 PM) <{POST_SNAPBACK}>
The more it proceeds, the more I lean towards Coldplay's side..

As much as I respect Satriani, this is all a bit childish and something I would expect from an unknown musician.

I think Coldplay are smart enough not to copy music, especially not famous music like Satriani's...

I also agree and put way better than I ever have laugh.gif
AlexLion
QUOTE (opeth.db @ Dec 10 2008, 04:26 PM) <{POST_SNAPBACK}>
You mean Satch right?

Yeah, I`m with Gabriel!
opeth.db
Perhaps I should start stealing work by famous authors and make lots of money from them.

Or perhaps I should make some software ripping off others' coding.

Or even movies.

There is no doubt that Coldplay did not just copy the melody and chord progression, but the tempo, the pitch, the styling, the phrasing in every aspect. BUT - I can also fully understand 2 ideas can co-exist together by 2 separate parties.


So my question is???

Where do you draw the line? Is it okay to steal from others and make money from their ideas, their work, and their intellectual, copyrighted material and property?






AlexLion
QUOTE (opeth.db @ Dec 11 2008, 07:16 PM) <{POST_SNAPBACK}>
Perhaps I should start stealing work by famous authors and make lots of money from them.

Or perhaps I should make some software ripping off others' coding.

Or even movies.

There is no doubt that Coldplay did not just copy the melody and chord progression, but the tempo, the pitch, the styling, the phrasing in every aspect. BUT - I can also fully understand 2 ideas can co-exist together by 2 separate parties.


So my question is???

Where do you draw the line? Is it okay to steal from others and make money from their ideas, their work, and their intellectual, copyrighted material and property?

I can`t understand why you take it so personal, why should we feel sad,depressed because of others?
opeth.db
QUOTE (AlexLion @ Dec 11 2008, 12:25 PM) <{POST_SNAPBACK}>
I can`t understand why you take it so personal....


Im not taking it personal. I like healthy debates and Im just asking questions to see what people's responses are.

I can care less who wins. I make no money from it. I wont win advocate for Satriani fan club of the year award.

And to be honest they are both good songs.

QUOTE (AlexLion @ Dec 11 2008, 12:25 PM) <{POST_SNAPBACK}>
why should we feel sad,depressed because of others?


I won't even comment about that question. dry.gif
Iluha
QUOTE (opeth.db @ Dec 11 2008, 07:16 PM) <{POST_SNAPBACK}>
Perhaps I should start stealing work by famous authors and make lots of money from them.

Or perhaps I should make some software ripping off others' coding.

Or even movies.

There is no doubt that Coldplay did not just copy the melody and chord progression, but the tempo, the pitch, the styling, the phrasing in every aspect. BUT - I can also fully understand 2 ideas can co-exist together by 2 separate parties.


So my question is???

Where do you draw the line? Is it okay to steal from others and make money from their ideas, their work, and their intellectual, copyrighted material and property?


Well than what do you say about that other band that claims Viva La Vida is a rip-off of their song? their song got singing and it sounds exactly the same...

I think this melody is what I call "Chord Driven" basicly it's the first thing that comes to you'r head when you hear the chord progression... but I can't say this with 100% confidence since my mind is biased after hearing all those songs ;/
Bogdan Radovic
I don't believe in such coincidences in music..I think you can hit few same notes , even phrases , but whole progression, tempo , changes and melodie...??? Hardy....
And I also completely understand the artist that is suing the other party..Imagine you wrote a song and some band took YOUR creative idea and everything and made it their own song...It would be cool if they asked for permission , wrote you in the credits of the song and everything...But any other way is just "stealing"...I'm sure you would all feel bad if you came up with something good and somebody took it just like that...Its just wrong , and sometimes court is the only option to get your MORAL and AUTHOR rights you deserve...

OrganisedConfusion
It would be bothering if they had taken it but the similarity between the two is hardly massive. The solo works over Coldplay's song. Big deal. They aren't playing that guitar solo and the vocals match up in places. Satch wont win and I know for sure as it just isn't copied. It's as simple as that
Bogdan Radovic
There are some strict rules what qualifies for a plagiarism..Ex. how many same notes in a row and everything...Satch must have talked to lawyers and prepared before going to court (and thinking he must win) since loosing such case can be very hard on him (financially and morally)...I'm really interested to see development of this case smile.gif
OrganisedConfusion
QUOTE (Bogdan Radovic @ Dec 11 2008, 08:16 PM) <{POST_SNAPBACK}>
There are some strict rules what qualifies for a plagiarism..Ex. how many same notes in a row and everything...Satch must have talked to lawyers and prepared before going to court (and thinking he must win) since loosing such case can be very hard on him (financially and morally)...I'm really interested to see development of this case smile.gif

Well he has to proove beyond any doubt that Coldplay knew of his song well enough to copy it. I'd love to know how this is going to be done.
Bogdan Radovic
Well If his song was published officially before Coldplay's song (at it was) its enough of a proof that they knew/had access to the song..They could hear it on radio , internet...I think they can't prove that they never heard the song when these days music is available everywhere..
OrganisedConfusion
QUOTE (Bogdan Radovic @ Dec 11 2008, 08:22 PM) <{POST_SNAPBACK}>
Well If his song was published officially before Coldplay's song (at it was) its enough of a proof that they knew/had access to the song..They could hear it on radio , internet...I think they can't prove that they never heard the song when these days music is available everywhere..

It's innocent till proven guilty though so its Satch that has to proove that Coldplay knew of the song. To say it's on radio isn't enough. It's not enough that Satch's song came out first. That proves nothing. It just shows that if they can prove that Coldplay knew of his song and that the copy is big enough then he has a case.
Bogdan Radovic
QUOTE (OrganisedConfusion @ Dec 11 2008, 09:24 PM) <{POST_SNAPBACK}>
It's innocent till proven guilty though so its Satch that has to proove that Coldplay knew of the song. To say it's on radio isn't enough. It's not enough that Satch's song came out first. That proves nothing. It just shows that if they can prove that Coldplay knew of his song and that the copy is big enough then he has a case.


Of course its like that..But thing is , when you publish a song (on a album) you are automatically copyrighting the song in a institution for copyrights...So at that moment you protected the song for a lifetime.(its arrangment,composition,lyrics etc)..Now when Coldplay's song came out there was a Satch song in the "register" allready...Now the Satch will call up to the songs copyright date (to prove that he was the first that wrote the song) and then they should go into considering the similarities and everything...I don't think there will be a criteria of proving that they had listened to the Satch song (while song is worldwide available and could be heard in many places - maybe even in public toilets)...Stating "Not hearing the song" won't make anyone clear of guilty as with other laws you can't say you "didn't know" in your defense smile.gif

But generally I think this case is interesting since the Satch's song doesn't have vocals, so I am really interested how they are going to deal with it in court..
opeth.db
QUOTE (Iluha @ Dec 11 2008, 01:42 PM) <{POST_SNAPBACK}>
Well than what do you say about that other band that claims Viva La Vida is a rip-off of their song? their song got singing and it sounds exactly the same...

I think this melody is what I call "Chord Driven" basicly it's the first thing that comes to you'r head when you hear the chord progression... but I can't say this with 100% confidence since my mind is biased after hearing all those songs ;/


How do you know I wasn't talking about the other band? smile.gif J/k

Very true and a valid point..
midnight
Satriani is going to get payed....it's pretty clear,imo.

Bad Coldplay...baaad Coldplay.
Koopid
If Satch wins this its pretty much the end of music making.

Thats my opinion, If we cant make music without listening to every song ever made to be sure we are not close to someone elses music without beeing sued by some whiner than we can all stop doing it.

Bad Satch...

//EDIT

I just want to add that I admire Satch musically, he is a genius and his music should be protected and respected. But in this case he is just a whiner. Coldplay sux
Bogdan Radovic
QUOTE (Koopid @ Dec 11 2008, 10:08 PM) <{POST_SNAPBACK}>
If Satch wins this its pretty much the end of music making.

Thats my opinion, If we cant make music without listening to every song ever made to be sure we are not close to someone elses music without beeing sued by some whiner than we can all stop doing it.

Bad Satch...

//EDIT

I just want to add that I admire Satch musically, he is a genius and his music should be protected and respected. But in this case he is just a whiner. Coldplay sux


Well I'm sure if you don't copy something intentionally you won't have problems..I think chances of you making exactly same song as someones else are very very slim and non existent...What is the probability of hitting the same progression + arrangement + melody (over an extended period of time in a song , over changes) in one song that is so similar to a famous song ? (I'm not talking here about Satch , rather generally)...I think the chances are really slim and pretty non existent...
midnight
QUOTE (Bogdan Radovic @ Dec 11 2008, 01:17 PM) <{POST_SNAPBACK}>
Well I'm sure if you don't copy something intentionally you won't have problems..I think chances of you making exactly same song as someones else are very very slim and non existent...What is the probability of hitting the same progression + arrangement + melody (over an extended period of time in a song , over changes) in one song that is so similar to a famous song ? (I'm not talking here about Satch , rather generally)...I think the chances are really slim and pretty non existent...


Agreed. I'm actually kind of surprised that anyone sees it differently. This doesn't happen that often. Sure, we here recycled Zeppelin riffs and a zillion other bands progressions, riffs, whatever, but this is a copy job.
Koopid
QUOTE (Bogdan Radovic @ Dec 11 2008, 10:17 PM) <{POST_SNAPBACK}>
Well I'm sure if you don't copy something intentionally you won't have problems..I think chances of you making exactly same song as someones else are very very slim and non existent...What is the probability of hitting the same progression + arrangement + melody (over an extended period of time in a song , over changes) in one song that is so similar to a famous song ? (I'm not talking here about Satch , rather generally)...I think the chances are really slim and pretty non existent...


I am not saying that it isnt similar, I am not saying that they didnt take it from Satch's song. I just don't think it is intentional.

My band has a song that we played for a long period of time and once we recorded it and I played it at home my wife comes in and says "Since when do you play covers?" I couldnt understand what she meant before she played my own CD with The Darkness. The intro was not 100% the same but so similar they could be the same song for the untrained ear. The tone, the tempo, the chordprogression... I know for a fact that when we wrote the song we did not have their song in mind so the "copy" was not intentional. But since I have played that CD so many times I find it quite possible that we unintentionally got the riff from that song. The rest of the song sounds nothing alike but still...

I just find it very hard to believe that a big band like Coldplay would deliberatly steal a song from a famous artist, simply because they should know they wouldnt get away with it. They don't need it..

Should we really have to spend enormous amounts of time with every song we write checking from where we got the riff/melody/chordprogression?
Iluha
QUOTE (Koopid @ Dec 12 2008, 08:30 AM) <{POST_SNAPBACK}>
I just find it very hard to believe that a big band like Coldplay would deliberatly steal a song from a famous artist, simply because they should know they wouldnt get away with it. They don't need it..


Exactly, it just doesn't make sense fo Colplay to copy from someone as well known as Satch..

About the chord progression, it's a rather simple chord progression, it's only like 4 chords, and it repeats the ENTIRE song! and the melody resemblence, it only resembles HALF of the chorus in "If I Could Fly", the rest just sounds like it fits because Satch is improvising over the progression, and preety much everything you improvise over that progression will go along with the melody.

With that being said, Satriani is probably going to win, just like the guys that sued Gary Moore won, and they weren't anywhere close as famous as Satch is.

What I strongly disagree with, is that Coldplay recieved a grammy nomination for the song, It's a very simple structured song, with some extremely cheesy lyrics, and now it really showed me how bad the grammy's turned, they don't award music anymore, they award popularity only.

enforcer
I believe still J.S has every right in the world to sue, but to mention "I felt like a dagger going through my heart" and stuff is seriously childish and immature. As well as the action taken by Coldplay like mocking him before the lawsuit and then calling him "one of the greatest guitarists" afterwards is hypocrisy.

May be it was best to leave things unsaid and done with just some youtube videos for us to judge and maybe laugh. It is really sad to see one grammy awarded artist and one of the greatest guitar players in the world hummiliate themselves in front of public and more seriously in front of their fans...
Crazyfret
As far as I can see the only winners in this are the lawers tongue.gif

Jesse
QUOTE (Crazyfret @ Dec 12 2008, 11:38 AM) <{POST_SNAPBACK}>
As far as I can see the only winners in this are the lawers tongue.gif


















Yeah!
Bali
Do you guys also like to argue if robbery or stealing are ok in certain cases?

I mean, there are copyright laws that protects everybody's creations (yours as much as the most famous musician's), defining what is and what is not plagiarism.

If you break those laws (on purpose or not) you're liable, and can be sued. Period.

It's funny that this whole forum seems to agree on the non piracy policy, but then you flame someone who defends their rights about intelectual property.

Wouldn't you mind if I copy all your songs and release my own CD claiming they´re mine?

C'mon!!
OrganisedConfusion
QUOTE (Bali @ Dec 12 2008, 11:03 AM) <{POST_SNAPBACK}>
Do you guys also like to argue if robbery or stealing are ok in certain cases?

I mean, there are copyright laws that protects everybody's creations (yours as much as the most famous musician's), defining what is and what is not plagiarism.

If you break those laws (on purpose or not) you're liable, and can be sued. Period.

It's funny that this whole forum seems to agree on the non piracy policy, but then you flame someone who defends their rights about intelectual property.

Wouldn't you mind if I copy all your songs and release my own CD claiming they´re mine?

C'mon!!

I would mind then as you would have used all my songs and copied everything. In this case is wasnt copied and coldplay should win in my opinion. It isnt similar enough in my view. It doesnt break any copyright law as they arent that similar.
Bali
QUOTE (OrganisedConfusion @ Dec 12 2008, 08:11 AM) <{POST_SNAPBACK}>
I would mind then as you would have used all my songs and copied everything. In this case is wasnt copied and coldplay should win in my opinion. It isnt similar enough in my view. It doesnt break any copyright law as they arent that similar.


Why, are you a lawyer? Are you acquainted with copyright laws?

Or do you think that legal stuff is built on personal opinions?
OrganisedConfusion
QUOTE (Bali @ Dec 12 2008, 11:16 AM) <{POST_SNAPBACK}>
Why, are you a lawyer? Are you acquainted with copyright laws?

Or do you think that legal stuff is built on personal opinions?

I do know a fair bit on how law works in the uk as i work as an engineer and everything i build is copyright so i need to know how to spot copies. So its based on personal opinion but an informed opinion. I cant see how satch can win as to me he has no case. The similarities are too small and you cant prove that coldplay knowingly stole it.
Koopid
QUOTE (Bali @ Dec 12 2008, 12:03 PM) <{POST_SNAPBACK}>
Do you guys also like to argue if robbery or stealing are ok in certain cases?

I mean, there are copyright laws that protects everybody's creations (yours as much as the most famous musician's), defining what is and what is not plagiarism.

If you break those laws (on purpose or not) you're liable, and can be sued. Period.

It's funny that this whole forum seems to agree on the non piracy policy, but then you flame someone who defends their rights about intelectual property.

Wouldn't you mind if I copy all your songs and release my own CD claiming they´re mine?

C'mon!!


No, I don't think it is ok to steal in certain cases. I just don't agree with this being theft. Comparing it to copying all songs and releasing them on a CD is irrelevant.
Bogdan Radovic
QUOTE (Koopid @ Dec 12 2008, 07:30 AM) <{POST_SNAPBACK}>
I am not saying that it isnt similar, I am not saying that they didnt take it from Satch's song. I just don't think it is intentional.

My band has a song that we played for a long period of time and once we recorded it and I played it at home my wife comes in and says "Since when do you play covers?" I couldnt understand what she meant before she played my own CD with The Darkness. The intro was not 100% the same but so similar they could be the same song for the untrained ear. The tone, the tempo, the chordprogression... I know for a fact that when we wrote the song we did not have their song in mind so the "copy" was not intentional. But since I have played that CD so many times I find it quite possible that we unintentionally got the riff from that song. The rest of the song sounds nothing alike but still...

I just find it very hard to believe that a big band like Coldplay would deliberatly steal a song from a famous artist, simply because they should know they wouldnt get away with it. They don't need it..

Should we really have to spend enormous amounts of time with every song we write checking from where we got the riff/melody/chordprogression?


I also find it hard to believe that Coldplay did steal the song intentionally...but I also find it hard to believe that it is a pure coincidence because of all the variables that need to settle in, in order to be plagiarism.So I don't know what to think really..I don't think its a clear case (as is with Garry Moore case) so we'll have fun seeing the results of the court case..

Regarding your song, as you said its just the intro in case and its not 100% same...I'm sure no one would even have grounds to file a suit (there are rules how much of the song need to be same/similar)...There are songs that sound similar and will always will be like that , but there is a clear border I think when things get too similar and need to be taken to court...

Regarding composing, I believe if you don't intentionally copy something you will be clear..If you compose a song and think of a WOW part and you believe in it (don't know it from some famous song) you're OK..It never occurred in my songwriting to check out songs to see if there is one completely same out there smile.gif I wrote an original piece (at least in my mind) so I'm satisfied with it...Of course I have sometimes hit some things "that were done in other songs" but I instantly discarded those parts and tried to make more original ones...
Patrik Jezierski
Satriani is so going to win this case!
Coldplay can never proove that they haven't heard If i could fly. The chord progression wont make Satch win this case because chord progressions doesn't apply when talking about plagiate. But the tempo and melody combined with the chord-progression is going to **** Coldplay up!
I had a teacher when I went to the university who played in a pretty famous swedish group. They got a lawsuit where they got accused for plagiate. The other party claimed that my teachers bands song was ripped of from theirs. And trust me this band who accused my teacher wasn't even known, they wrote a song for a soccer club back in the 70s, and the melody in that song was inspired by old swedish folk-music, and so was the song made by my teachers band. But the simularitys where to many so they lost the case. If they could loose against an unknown "band" imagine what's going to happen to Coldplay!
Koopid
QUOTE (Patrik Jezierski @ Dec 12 2008, 01:08 PM) <{POST_SNAPBACK}>
Satriani is so going to win this case!
Coldplay can never proove that they haven't heard If i could fly......


What happened to innocent until proven guilty? The burden of evidence should be on Satch, how on earth is he going to prove that Coldplay have heard If I could fly?
Patrik Jezierski
QUOTE (Koopid @ Dec 12 2008, 01:38 PM) <{POST_SNAPBACK}>
What happened to innocent until proven guilty? The burden of evidence should be on Satch, how on earth is he going to prove that Coldplay have heard If I could fly?


ofcourse! they are innocent until proven guilty, they haven't lost the case yet. The thing is that Joe Satriani doesn't have to prove a thing. His song has been out since 2004! There is a chance that coldplay might have heard If I could fly.
OrganisedConfusion
QUOTE (Patrik Jezierski @ Dec 12 2008, 12:08 PM) <{POST_SNAPBACK}>
Coldplay can never proove that they haven't heard If i could fly.

You have missed the point. It isn't down to them to prove they haven't heard the song it is them that are defending to Satch has to prove that they had heard and copied the song. Coldplay don't have to prove they haven't heard it. Satch's lawyers will have to be very clever to win this case and it will certainly be a very interesting case as it's nothing so clear cut as The Verve's copy of Rolling Stones or Gary Moore's German band copy.

QUOTE (Patrik Jezierski @ Dec 12 2008, 12:47 PM) <{POST_SNAPBACK}>
ofcourse! they are innocent until proven guilty, they haven't lost the case yet. The thing is that Joe Satriani doesn't have to prove a thing. His song has been out since 2004! There is a chance that coldplay might have heard If I could fly.

Joe Satriani does have to prove that they intentionally copied it. As like I said Coldplay are defending. I don't think you fully understand the legal system but if you do I'm sorry. It's down to the people that made the case to prove that Coldplay intentially stole it AND that it is close enough to Satch's song to have grounds for legal action.
Koopid
QUOTE (Patrik Jezierski @ Dec 12 2008, 01:47 PM) <{POST_SNAPBACK}>
ofcourse! they are innocent until proven guilty, they haven't lost the case yet. The thing is that Joe Satriani doesn't have to prove a thing. His song has been out since 2004! There is a chance that coldplay might have heard If I could fly.


There is a chance they heard it ofcourse. And it is actually Satch that has to prove that it is plagiarism, that is the whole idea of innocent until proven guilty. The song has been out since 2004, Coldplay may have heard it, but how do you prove it? I think that there is a big chance that Coldplay looses, but I really think it does more harm than good for the music industry (and Satch) if Satch pursues and wins this.
Bali
It's not about intentionality!!

If you copy a copyrighted material you're subject to prosecution, even if you've never heard the original and your copy is coincidential (which of course is something that you can never prove!)

So it's only a matter of the courts to decide if the copy falls into the category of plagium according with the current legal system. Finished matter.
Storm Linnebjerg
I can't even be bothered to read through this case, and I'm even employed at a lawyers company! It's just stupid and childish... this coincidences happen - more or less by subconsciousness though. But it's a common progression...

Many hundred years of music have gone by, and I'm sure some Satriani song is similar to some song from earlier times.
Bali
QUOTE (Koopid @ Dec 12 2008, 09:52 AM) <{POST_SNAPBACK}>
I think that there is a big chance that Coldplay looses, but I really think it does more harm than good for the music industry (and Satch) if Satch pursues and wins this.



Believe me, if you'd make your hard earned bread and butter with your creative efforts (I cannot think of a harder way to earn money than that), you'd definitely feel hurt if someone (particularly if they're famous) rips you off!!
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