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VOICE OVER: Rebecca Brayton
Hey, haven't we heard that tune before? For this list, we're looking at songs that don't just sound a bit similar; they sound so similar that in one way or another they triggered some sort of legal action. Our countdown includes Sam Smith “Stay with Me”, Vanilla Ice “Ice Ice Baby”, Mark Ronson “Uptown Funk”, and more!

#20: The Kinks “All Day and All of the Night” (1964) vs. The Doors “Hello, I Love You” (1968)

Maybe there’s a reason these are both iconic classic rock songs. Although The Doors’ guitarist Robby Krieger denied that his band copied the chord-driven main riff of the 1964 Kinks’ track, The Kinks’ music publishers found these two singles were just a bit too similar. Turns out UK courts agreed, so a deal was eventually struck entitling The Kinks to a large share of “Hello, I Love You”’s British royalties. The Doors’ song credits remain unchanged, but in 2014, Kinks lead singer and main songwriter Ray Davies suggested to Rolling Stone that an out-of-court settlement had been reached.

#19: Tom Petty “I Won’t Back Down” (1989) vs. Sam Smith “Stay with Me” (2014)

Also in:

Top 10 Best Sam Smith Songs

Traditionally when songs popped up sounding a bit “Tom Petty,” the late Heartbreakers frontman let it slide, but this time things played out differently. Although the bandleader expressed no hard feelings and deemed the similarities between the chorus to his “I Won’t Back Down” and Smith’s “Stay with Me” to be “a musical accident,” his publishing company entered the fray all the same. Perhaps it was because unlike “American Girl” and “Mary Jane’s Last Dance,” the TP track in question had a co-writer: fellow Traveling Wilbury and ELO songwriter Jeff Lynne. In the end, Petty and Lynne ended up getting their due credit - along with 12.5% of the “Stay with Me” royalties.

#18: Joe Satriani “If I Could Fly” (2004) vs. Coldplay “Viva La Vida” (2008)

Also in:

Top 10 Coldplay Songs

Take notes on this one; you’ll need ’em. First up, Brooklyn-based indie alternative band Creaky Boards suggested that Coldplay had ripped off their ironically titled “The Songs I Didn’t Write.” However, the British rockers had recorded a demo of “Viva” prior to that song’s first performance. Then, Joe Satriani stepped up, lawsuit in hand, claiming Chris Martin and crew borrowed from his “If I Could Fly.” Things got even more complicated when Yusuf Islam, formerly Cat Stevens, joined in on the fun, pointing out that all of these songs sounded like his “Foreigner Suite.” Satriani’s case was later dismissed in 2009.

#17: The New Seekers “I’d Like to Teach the World to Sing (In Perfect Harmony)” (1971) vs. Oasis “Shakermaker” (1994)

Oasis has never tried to hide their reverence for the past when it comes to their own musical style, but this is one case where Noel Gallagher may have borrowed a bit too much. The song “I’d Like to Teach the World to Sing (In Perfect Harmony)” began its life as a Coca-Cola jingle, before being fleshed out and recorded by the New Seekers, and ultimately having its melody and some lyrics woven into the fabric of Oasis’ “Shakermaker.” Most sources claim that Gallagher was forced to change the offending “I’d like to teach the world” line, alter a few notes, and cough up $500,000. Upon losing the aforementioned lawsuit, Gallagher quipped “we drink Pepsi now.”

#16: Muddy Waters “You Need Love” (1962) vs. Led Zeppelin “Whole Lotta Love” (1969)

By cranking the tempo and volume of the blues, Led Zep helped pioneer hard rock and heavy metal. But sometimes, they stuck just a bit too close to their roots. While it took them a long time to get caught, the rock icons were finally sued in 1985 for “Whole Lotta Love”’s whole lotta similarities to the Willie Dixon-penned Muddy Waters classic “You Need Love.” Though things were eventually settled out of court, it wasn’t the only time the British rockers were accused of borrowing material, as even “Stairway to Heaven” has been tainted by calls of plagiarism.

#15: The Rubinoos “I Wanna Be Your Boyfriend” (1979) vs. Avril Lavigne “Girlfriend” (2007)

Also in:

Top 20 Best Avril Lavigne Songs

When the Rubinoos stepped up claiming Avril Lavigne had plagiarized them, Avril said “Rubi-WHO?” But aside from claiming she’d never heard of the band OR their song, she and her team chose a risky defense: they said “Girlfriend” was actually closer to the Rolling Stones’ “Get Off of My Cloud.” Or “Mickey.” But wait a minute: what about the Ramones’ song “I Wanna Be Your Boyfriend”? Had the Rubinoos themselves plagiarized? Ultimately, a musicologist decided the Rubinoos’ track and Avril’s song were completely different based on science, and the case was settled out of court when Avril’s manager decided it was cheaper than paying lawyers.

#14: The Kinks “Picture Book” (1968) vs. Other Garden “Never Got the Chance” (1997) vs. Green Day “Warning” (2000)

And now: how not to file a lawsuit. In 2001, Colin Merry, songwriter for an obscure English band called The Other Garden, sued Green Day, claiming that “Warning” was a copy of his song “Never Got the Chance.” The band’s lawyer threatened to sue the punk rockers for as much as $100,000, despite the fact that Merry admitted both his and Green Day’s songs had the same, distinct riff as “Picture Book” by The Kinks. Needless to say, the lawsuit was eventually dropped.

#13: Larrikin Music’s “Kookaburra” (1932) vs. Men at Work “Down Under” (1981)

“Down Under,” a backhanded anthem of all things Aussie and a monster hit in the early 1980s, became a source of legal trouble in the 2000s. Originally, the band’s flautist Greg Ham borrowed a two-bar motif from “Kookaburra,” an Australian children’s song. Years went by without incident, until the connection between the two tunes was mentioned on the game show “Spicks and Specks” in 2007. That’s when the rights holders to “Kookaburra” - Larrikin Music - came knocking, demanding 60% of “Down Under”’s royalties dating back to 1981. In July 2010, they instead were granted 5%, backdated to 2002. Sadly, Ham passed away in 2012 at the age of 58, and bandmate Colin Hay cites stress from the court case as a contributing factor.

#12: Huey Lewis and the News “I Want a New Drug” (1984) vs. Ray Parker, Jr. “Ghostbusters” (1984)

Who you gonna call? A lawyer, if you’re Huey Lewis. Lewis was actually asked to write a theme for “Ghostbusters” but passed on it to write music for “Back to the Future.” So when Ray Parker Jr.’s theme for the supernatural comedy came out sounding suspiciously like Huey’s “I Want a New Drug,” Lewis cried plagiarism. It was settled out of court almost a decade later and, when The News frontman spilled the beans on the confidential settlement on TV, Ray Parker, Jr. turned the tables and sued Lewis right back in 2001.

#11: Sleigh Bells “Infinity Guitars” (2010) vs. Demi Lovato “Stars” (2015)

Typically, only lyrics and melody are considered copyrightable. For New York band Sleigh Bells, Demi Lovato’s “Stars” sounded “virtually identical” to their “Infinity Guitars” – with a little bit of “Riot Rhythm” mixed in – but it was chiefly the hand claps and bass drum counter rhythm that were cited. It was on this basis that the duo laid a case against Lovato, UMG Recordings, and producers and co-writers Carl Falk and Rami Yacoub. The problem was, Falk and Yacoub claimed no samples were used in the song, and that Demi only wrote one line. The matter was settled in April 2017, and Lovato’s team maintained there was no deliberate infringement.

#10: Creedence Clearwater Revival “Run Through the Jungle” (1970) vs. John Fogerty “The Old Man Down the Road” (1985)

In a very odd move, John Fogerty was sued for sounding like… himself. Fogerty was once the lead vocalist, lead guitarist and primary songwriter of Creedence Clearwater Revival, but after the band broke up, he relinquished his rights to CCR songs to get out of contractual commitments. So, when Fogerty released the solo track “The Old Man Down the Road,” Fantasy Records - owner of CCR’s song catalogue and his label during his Creedence days - claimed it ripped off “Run Through the Jungle.” The swamp-rocker beat the case by bringing a guitar to the stand and demonstrating that the two songs were, in fact, quite different – and that you can’t actually plagiarize yourself. Well played, Fogerty.

#9: Gordon Jenkins “Crescent City Blues” (1953) vs. Johnny Cash “Folsom Prison Blues” (1955)

In the annals of song plagiarism, there have been cases of subconscious plagiarism, outright plagiarism, uncleared samples, and downright sneakiness. This is a case of self-amusement gone awry. While stationed in West Germany in 1953, Johnny Cash wrote new lyrics to the melody of “Crescent City Blues,” inspired by the film “Inside the Walls of Folsom Prison.” Flash forward a few years and Cash is now a recording artist short on material, so he offered up his “Folsom Prison Blues” to producer Sam Phillips, who told Cash not to worry about the legalities. Fifteen years later, the Man in Black would pay out $75,000 in retribution.

#8: The Rolling Stones “The Last Time” (1965) vs. The Verve “Bitter Sweet Symphony” (1997)

Also in:

The Rolling Stones - The Story & the Songs

This ‘90s Britpop anthem was at the center of a lengthy and contentious plagiarism case. The Verve did obtain the rights to sample part of the Andrew Oldham orchestral version of the classic Stones’ song. The issue was how much the band used, and according to former Stones’ manager and rightsholder of the song Allen Klein, it was way too much. So 100% of the royalties went to Klein and songwriting credit went to Mick Jagger and Keith Richards. That’s when Oldham himself demanded recompense for the specific version of the song they had used. Though it took many years, this story does have a relatively happy ending, with the Stones backing off by 2019 and granting all future royalties to Verve lead singer Richard Ashcroft.

#7: Chuck Berry “You Can’t Catch Me” (1956) vs. The Beatles “Come Together” (1969)

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This story starts simply enough: John Lennon used an old Chuck Berry song as a starting point for a new song. But this similarity triggered legal issues with Berry’s publisher, the controversial Morris Levy. As repayment, Lennon agreed to record three songs owned by Levy, and attempted to do so during his “Rock ’n’ Roll” album sessions - until producer Phil Spector stole the tapes and went into hiding. When the tapes were recovered, Lennon tried reassuring Levy that he was upholding his end of the deal by sharing a rough mix of his progress… which Levy released himself and chased with a $42 million breach-of-contract lawsuit. Lennon, EMI and Capitol Records countersued, with Levy being awarded a nominal $6,795, while having to pay out somewhere in the ballpark of $150 thousand.

#6: The Chiffons “He’s So Fine” (1962) vs. George Harrison “My Sweet Lord” (1970)

Also in:

The Beatles - The Story & the Songs

Soon after releasing his solo hit - the first #1 single by a former Beatle - George Harrison found himself at the center of a copyright infringement lawsuit filed by Bright Tunes. Harrison was accused of plagiarizing the Ronnie Mack-penned song “He’s So Fine.” The courts ruled he had subconsciously copied The Chiffons’ smash and would owe nearly $1.6 million in damages. But the story doesn’t end there: after Harrison fired his manager - the previously mentioned Allen Klein - during the trial, Klein seized the opportunity to buy the copyright to “He’s So Fine.” The courts ultimately decided Harrison would only have to pay Klein’s ABKCO Industries $587,000 and he ended up with the song’s rights.

#5: The Hollies “The Air That I Breathe” (1974) vs. Radiohead “Creep” (1992)

Also in:

Top Greatest 10 Radiohead Songs

This case is so open and shut it’s almost dull. While writing “Creep,” Ed O’Brien pointed out to Thom Yorke that the song’s bridge had the same chords as “The Air That I Breathe,” so Yorke decided to grab the song’s melody too. That song’s authors, Albert Hammond and Mike Hazlewood, then sued, but were impressed by the band’s honesty and settled for credits and a cut of the “Creep” royalties. It’s a sharp contrast to 2018, when Lana Del Rey would allege that Radiohead’s team noticed passing similarities to “Creep” in her song “Get Free” and demanded 100% of her royalties.

#4: Marvin Gaye “Got to Give It Up” (1977) vs. Robin Thicke feat. T.I. & Pharrell Williams “Blurred Lines” (2013)

In one of many controversies that plagued this summer hit, Robin Thicke actually sued Marvin Gaye’s family for alleging the singer had plagiarized the late soul artist. While Thicke admitted he was inspired by “Got to Give It Up,” he and co-writer Pharrell Williams contended that despite their similar vibe, they were essentially not the same – citing different chords, keys and more. Bridgeport Music also became involved due to claims “Blurred Lines” sampled Funkadelic’s “Sexy Ways.” Despite lots of support from music industry heavyweights who did not believe you could copyright a feeling, in 2018 a judge ordered Thicke and Williams to pay nearly $5 million to Marvin Gaye’s estate.

#3: Chuck Berry “Sweet Little Sixteen” (1958) vs. The Beach Boys “Surfin’ U.S.A.” (1963)

Here’s an instance where the artist openly and knowingly used the tune to an existing song for his new composition. Brian Wilson wanted to write a song about surfing, and felt Chuck Berry’s “Sweet Little Sixteen” was the perfect setting for his surf-themed lyrics. However, he neglected to credit Berry upon its recording and release. Although “Surfin’ U.S.A.” was meant to be viewed as a tribute, Berry’s publishing company was unimpressed and forced Wilson’s manager to surrender copyright to the rock and roll pioneer’s publisher Arc Music.

#2: Multiple Artists vs. Mark Ronson “Uptown Funk” (2014)

Also in:

Top 10 Musicians with Multiple Successful Bands

We guess it takes a village to write a hit song too. Before the monster hit that is “Uptown Funk” was even released, Ronson and company offered some credit to Trinidad James. After it was released, the Gap Band came knocking, claiming similarities to their “Oops Upside Your Head,” followed by The Sequence, Collage, and finally Zapp in September of 2017. Additionally, Serbian artist Viktorija has alleged that the song lifts elements from one of her songs. By 2018, 17% of the track’s royalties were transferred to the Gap Band, while the credits have ballooned from Ronson, Bruno Mars, Jeff Bhasker and Philip Lawrence to include 6 additional songwriters from their respective groups.

Before we get to our top pick, here are some honorable mentions:

- David Bowie “Boys Keep Swinging” (1979) vs. Blur “M.O.R.” (1997)
- Killing Joke “Eighties” (1984) vs. Nirvana “Come As You Are” (1992)
- Bryan Pringle “Take a Dive” (1999) vs. Black Eyed Peas “I Gotta Feeling” (2009)

#1: Queen & David Bowie “Under Pressure” (1981) vs. Vanilla Ice “Ice Ice Baby” (1989)

Also in:

Another Top 10 Queen Songs

It takes about seven notes to recognize “Ice Ice Baby” for what it is. While the signature bass line amounts to a sample, Vanilla Ice never sought permission to use it, and instead said his tinkering with the riff and adding one note made it original. But in the face of legal action, the rapper caved and granted David Bowie as well as all four members of Queen due credit - and royalties. In 2013, Ice claimed to have bought “Under Pressure” outright; however, the song’s publishing info shows that it’s co-owned by companies representing Queen, Bowie and EMI Music – making Ice’s claim a bit dubious.

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what about Superfreak by Rick James vs. U Can't Touch This by MC Hammer?
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