How Lana Del Rey Could Beat Radiohead in Court

Did she or didn’t she?

On January 7, Lana Del Rey said on Twitter that Radiohead has sued her for copyright infringement because of the similarities between her song “Get Free” (released in 2017) and Radiohead’s “Creep” (released in 1993).

She tweeted, “Although I know my song wasn’t inspired by Creep, Radiohead feel it was and want 100% of the publishing – I offered up to 40 over the last few months but they will only accept 100. Their lawyers have been relentless, so we will deal with it in court.”

At issue are similarities between the chord progressions in both songs (although the lyrical content is not a matter of dispute):

According to attorneys quoted in a Variety article, Radiohead has the upper hand in the argument for two reasons:

  • The songs sound too similar. As Bill Hochberg, an attorney at Greenberg Glusker, said, “I would say this case does cross the line. This Lana Del Rey song is way too close to what is a rather unusual set of chord changes and a very distinctive melody line.”
  • Lana Del Rey’s willingness to offer up to 40 percent of the publishing revenues out of court suggests she recognizes that the songs are too similar. “I don’t think you would offer 40% of your publishing if you believed the claim was frivolous,” said James Sammataro, an attorney at Stroock & Stroock & Lavan.

But anything can happen when music copyright cases are decided by a jury of everyday people, especially when the dispute occurs over something as subjective as the way a song sounds as opposed to the lyrics used. Case in point: Led Zeppelin. Throughout Led Continue reading