Lyrical Legalities Trivia Quiz

Answer: A Whiter Shade of Pale

"A Whiter Shade of Pale" is one of the most well known and popular Procol Harum songs, and it was also their debut single. It reached number one on the UK charts within a month of its release in May 1967 and stayed there for six weeks. Originally the song was credited to Gary Brooker (founder of the group) and Keith Reid (songwriter).

In 2005, Matthew Fisher (former Procol Harum organist) filed a lawsuit, claiming he co-wrote the music for the song. His lawsuit was successful in July 2009, awarding him a share of future (but not past) royalties, dating from 2005 when he first filed suit. Contrary to the information contained on a number of websites, Fisher did not really wait 40 years to file suit - he made a number of attempts during the intervening years but was repeatedly advised that he didn't stand a chance.

Answer: John Fogerty

John Fogerty became involved in a lawsuit brought about by Saul Zaentz who owned the rights to Creedence Clearwater Revival songs. Zaentz claimed Fogerty's song "The Old Man Down the Road" sounded too much like the CCR song, "Run Through the Jungle". Both songs were written by John Fogerty.

The case set a legal precedent when the judge ruled that an artist cannot plagiarise himself. Fogerty claims he successfully demonstrated in court that the two compositions were not the same. The incorrect answer options are derived from a quote by Fogerty: "I proved that, no, I didn't copy myself, I invented something new that really sounds a lot like me. Do you find fault with Elvis for sounding like Elvis? When McCartney sounds like McCartney or Dylan sounds like Dylan? No one else ever had to go through that."

Answer: Neil Young

In 1983, Neil Young's record label Geffen sued him for breach of contract because he produced albums that were "not commercially acceptable" and "unrepresentative" of his music. The suit claimed that the albums "Trans" and "Everybody's Rockin'" were "musically uncharacteristic" of his previous albums. Young countersued on the grounds that his contract gave him "complete artistic freedom".

The case was eventually settled with Geffen apologising to Young, who subsequently recorded two more albums for the Geffen label.

However, the suit did cause Geffen to lose potential contracts with other artists, such as R.E.M.

Answer: George Harrison

"My Sweet Lord" was George Harrison's first hit single as a solo artist after the Beatles disbanded. It was the subject of an extremely lengthy lawsuit brought about by Bright Tunes for allegedly plagiarising the song "He's So Fine", a hit for the Chiffons in 1963. To cut a very long and complex story short, the judge ruled that Harrison had plagiarised the song, albeit unintentionally, and awarded substantial damages.

The case dragged on from 1971 to 1998.

Answer: Running on Empty

Jackson Browne is a Democrat and in the 2008 US Presidential Elections, he endorsed John Edwards for the Democratic Nomination and performed at some of Edwards' political appearances. When Barack Obama subsequently won the Democratic Nomination, Browne endorsed him. So it is not surprising that when Republican candidate, John McCain, used Jackson's song, "Running on Empty" in an advertising campaign attacking Barack Obama, Browne sued for unauthorised use of his song.

The matter was settled out of court with an apology and an undisclosed financial settlement.

Answer: Kiss

In 1998, Six Palms Music Corporation, which owned the copyright on Alice Cooper's song, "I'm Eighteen", filed a lawsuit for copyright infringement against Kiss members Paul Stanley (frontman/rhythm guitarist) and Bruce Kulick (lead guitarist) over their song "Dreamin'", which appeared on the "Psycho Circus" album.

A couple of weeks after the suit was filed, Peter Criss (Kiss drummer/vocalist) admitted in an interview that the entire album was heavily influenced by Alice Cooper's music. I'm sure that couldn't have helped the case for the defence.

The dispute was settled within a year for an undisclosed amount.

Answer: Aqua

All of these groups have been involved in lawsuits for trademark infringement but it was the Scandinavian group Aqua that was sued by toy company Mattel over their song "Barbie Girl" in December 2000. Mattel had a number of complaints, including the lyrics (which referred to Barbie as a blonde bimbo) and the use of the colour "Barbie pink" on Aqua's album cover ("Barbie pink" is a trademarked colour). MCA countersued for alleged defamation.

After the case progressed through a number of courts, MCA/Aqua "won" when Mattel's lawsuit was dismissed, as was MCA's countersuit.

In his ruling, Supreme Court Judge Alex Kozinski said "The parties are advised to chill". Mattel subsequently used a modified version of the song in a series of advertisements in 2009! I guess if you can't beat 'em, join 'em.

Answer: Tom Waits

Tom Waits has been involved in a number of lawsuits involving the unauthorised use of his music in commercials. After Waits refused Frito-Lay permission to use his song, "Step Right Up", in a commercial, Frito-Lay hired a voice impersonator to sing a sound-alike tune. Waits successfully sued them for using a voice impersonator without permission and was awarded $US 2.375 million. Waits also won similar suits against the German car manufacturers, Audi and Opel.

Answer: Californication

All four answers are television shows produced by Showtime but it was "Californication" that was the subject of a lawsuit by the Red Hot Chili Peppers (RHCP). The band brought suit against Showtime in 2007 for their use of the name "Californication" for one of their programs, which also happened to be name of the band's 1999 hit single and album.

Unfortunately, RHCP had not registered the name as a trademark and Showtime had filed such an application. Showtime were also able to prove that the RHCP had not invented the name by providing examples of its usage as far back as the 1970s.

The lawsuit was eventually settled out of court.

Answer: Johnny Cash

A comparison of Johnny Cash's "Folsom Prison Blues" (1955) and Gordon Jenkins' "Crescent City Blues" (1953) can leave no doubt that Cash plagiarised both the melody and a significant portion of the lyrics. Cash readily admitted this, however, Jenkins' contribution was not acknowledged when Sun Records released the single in 1955. Cash performed the song for years but it was not until 1968, when it was recorded live at Folsom Prison, that it became a No. 1 hit in the U.S.A. Shortly thereafter, Jenkins filed a lawsuit.

It was settled out of court for $US 75,000.