Helpful ReplyTom Petty & Jeff Lynne awarded royalties for Sam Smith single

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jamesg1213
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2015/01/26 12:03:47 (permalink)

Tom Petty & Jeff Lynne awarded royalties for Sam Smith single

Apparently the similarities in the chorus of 'Stay With Me' by Sam Smith (who he?) to 'I Won't Back Down' were noticed by Tom Petty's publishers, so Petty & Lynne are now listed as 2 of the 5 songwriters;
 

 

 
 
 

 
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tKx5050
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Re: Tom Petty & Jeff Lynne awarded royalties for Sam Smith single 2015/01/26 12:31:56 (permalink)
wow... I had to google this to see if it was a joke or not. So those three notes can't ever be used again?

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Re: Tom Petty & Jeff Lynne awarded royalties for Sam Smith single 2015/01/26 13:03:41 (permalink)
This is a ^*& outrage to me! Those (*(((T%%) will end up claiming every word and syllable of the English language as their own. The sickening part is the (%^## that get the money have nothing to do with writing the music and or songs!  

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Re: Tom Petty & Jeff Lynne awarded royalties for Sam Smith single 2015/01/26 13:10:59 (permalink)
Smith pretty much rips it straight off from the melody to the phrasing of Petty's tune. Might have been unintentional, but you still can't do that.

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Re: Tom Petty & Jeff Lynne awarded royalties for Sam Smith single 2015/01/26 13:14:30 (permalink)
When I do it I mangle it so bad that no one could ever determine where it came from.
 
Simples.
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Re: Tom Petty & Jeff Lynne awarded royalties for Sam Smith single 2015/01/26 13:39:36 (permalink)
Could it be that "Stay With Me" has sold over 4-Million copies? Could it be Petty and Lynne need money? National Enquirer please investigate.

What a case of hogwash. They are two different songs. Period. Different feel, tempo. Other than the same short lyric phrase, two totally different songs. I hate this type of legal 'petty'ness.

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Ham N Egz
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Re: Tom Petty & Jeff Lynne awarded royalties for Sam Smith single 2015/01/26 13:49:34 (permalink)
Ill do you one better, last night on Austin City Limits I heard a singer by the name of Bryan Adams
I first thought Tom Petty  and his band were  hiding behind the stage playing and singing.
this guys vocals AND music(chords, structure, tonality) are a direct ripoff of Tom Petty

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Re: Tom Petty & Jeff Lynne awarded royalties for Sam Smith single 2015/01/26 14:04:12 (permalink)
KenB123
 
Could it be Petty and Lynne need money?




 
I'm going to go with 'no'

 
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bapu
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Re: Tom Petty & Jeff Lynne awarded royalties for Sam Smith single 2015/01/26 14:05:18 (permalink)
jamesg1213
KenB123
 
Could it be Petty and Lynne need money?




 
I'm going to go with 'no'


+no
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Randy P
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Re: Tom Petty & Jeff Lynne awarded royalties for Sam Smith single 2015/01/26 14:12:54 (permalink)
If it was just a few notes, I doubt Smith would have just rolled over like he did and gave up 12.5% of the publishing. The whole chorus is a slower tempo direct copy of the Petty song.
 
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Re: Tom Petty & Jeff Lynne awarded royalties for Sam Smith single 2015/01/26 14:23:27 (permalink)
and whose tune did Tom and Jeff plagiarize?
 
I don't think you can write a top 40 tune and not borrow from some other writer before you.
 
 

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Re: Tom Petty & Jeff Lynne awarded royalties for Sam Smith single 2015/01/26 16:59:00 (permalink)
Recently I've started noticing tons of melody fragments in songs that sound like they've been lifted from existing songs. What usually happens is that I will start whistling the newer song, and what comes out is the older song. I'm never sure if it's intentional or whether it's just that melodies are bound to get recycled sooner or later. Last night I was listening to the excellent "Harmonise" by Herbert, and there's the instantly recognizable melody from Madness's "House of Fun" in there. And in "Those Feelings" from the same Herbert album, I can hear a Zepplin song off Physical Graffiti (can't think of which right now). Personally I can't imagine taking it personally to the point where if sue someone. It's just a few freaking notes.

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slartabartfast
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Re: Tom Petty & Jeff Lynne awarded royalties for Sam Smith single 2015/01/26 20:23:43 (permalink)
Who he?
Sam Smith is probably the best contemporary falsetto singer working anywhere.
 
Actually publishers do not notice anything. There are bots that search the web looking for anything that remotely resembles a copyrighted recording and can generate their own cease and desist or takedown demands without human intervention. There is a new business model based on copyright harassment that funds companies that use these bots. That is how they generate demands for advertising revenue on YouTube when someone incidentally records a seagull in the background of his beach volleyball video, and the copyright harassment company represents a sea shanty album that features a gull call intro on one song. It costs very little to demand royalties, and the average composer/performer has no resources to fight the claim. If you think there are infinite possibilities for melodic lines--think again. They are only infinite if you do not confine yourself to comprehensible western scales and chord structures. 
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yorolpal
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Re: Tom Petty & Jeff Lynne awarded royalties for Sam Smith single 2015/01/26 22:21:45 (permalink)
What a crock. Almost always is. How many other artists are paying Hank William's estate for almost every known country tune written since his passing?? Get a grip.

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Ham N Egz
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Re: Tom Petty & Jeff Lynne awarded royalties for Sam Smith single 2015/01/27 09:44:51 (permalink)
there are only 12 notes in the Western Scale, certainly finite.
 
You are going to recycle phrases and notes, no way around it.

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Rain
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Re: Tom Petty & Jeff Lynne awarded royalties for Sam Smith single 2015/01/27 13:22:46 (permalink)
I'm w/ Randy on this one. He wouldn't have been bothered if it were just the melody. Or just the phrasing. But melody AND phrasing?
 
I know firsthand that this can be unintentional. Personally, when I realized it had happened, I gave up on the songs. Had they been released, I guess I would have respectfully acknowledged the similarities and try to come with an agreement. 
 
They didn't throw him in jail or put an end to his career or anything. His song is still a hit - if anything, this got him media attention.
 
I had no idea who he was before that - I know it may sound weird, but not knowing that Tom Petty song is probably just as weird.
 
The fact that it's hard to come up with something original does not mean that people should just do whatever and forget about acknowledging things like that. 
 

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yorolpal
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Re: Tom Petty & Jeff Lynne awarded royalties for Sam Smith single 2015/01/27 14:18:55 (permalink)
Then, of course, there's this...
 
https://www.youtube.com/watch?v=oOlDewpCfZQ
 
 

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dubdisciple
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Re: Tom Petty & Jeff Lynne awarded royalties for Sam Smith single 2015/01/27 16:41:28 (permalink)
I think it is impossible to tell if it is intentional. The fact that NOBODY would confuse those songs. The song is popular because it uses common ballad theme, structure and he fills the gap of falsetto crooner. It sounds familiar because many pop songs created in a twelve not system just do. I'm  all for protecting artists against blatant ripoffs but this sets a dangerous precedent. Trends in copyright law in the past couple of decades reflect greed just as much as they reflect intellectual property rights.  If i dig deep enough, I can find an equivelent level of familiarity of most songs to another song. 
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Re: Tom Petty & Jeff Lynne awarded royalties for Sam Smith single 2015/01/27 16:44:54 (permalink)
The thing is that pop music is "evolving" into something that is simpler and simpler, so obviously, when music boils down to 12 bars, 4 chords and a simplistic melody with a narrow choice of instruments, you're out of fresh options pretty soon. If you adhere to standards and formula, you can't complain when you're called out.
 
There is a lot more room if you simply venture beyond 3 or 4 chord. Part of a phrase or a series of note may be similar, but you still have opportunities to take them somewhere entirely different.
 
 
 
 

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dubdisciple
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Re: Tom Petty & Jeff Lynne awarded royalties for Sam Smith single 2015/01/27 17:01:34 (permalink)
I agree that pop music is simple, but should we be rewarding people for pretty much doing the same thing?  The fact that it is such a simple musical phrase means petty himself gave into the urge to use simple pop cliches too. If anything, one should hold the rights to things so unique that odds of someone making something similar are astronimical. The purpose of intellectual property rights are to protect the unique and not necessarily to give ownership to basic things based on who's lawyer figured a way to own it first. 
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Rain
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Re: Tom Petty & Jeff Lynne awarded royalties for Sam Smith single 2015/01/27 17:47:40 (permalink)
dubdisciple
I agree that pop music is simple, but should we be rewarding people for pretty much doing the same thing?  The fact that it is such a simple musical phrase means petty himself gave into the urge to use simple pop cliches too. If anything, one should hold the rights to things so unique that odds of someone making something similar are astronimical. The purpose of intellectual property rights are to protect the unique and not necessarily to give ownership to basic things based on who's lawyer figured a way to own it first. 




I get that, and I'm actually ambivalent about the situation. It's all pretty arbitrary. But if Petty makes the claim and gets away with it, even if it's just based on the fact that he used that simple motif before, that's that. 

Some people might have gotten away with murder in the past but not so much nowadays. And that's just how it is.  

For what it's worth, I do find them strikingly similar and I have a tough time believing that no one in the entire process of writing, recording, mixing, mastering and promoting saw the resemblance.
 
I admit that the fact that they stuck to those 3 chords for the entire song and built the whole thing on it doesn't make me too favorable to them. At that point, why not just record a cover of the original and re-arrange it however you want?
 
Are they really so stuck on being credited for writing it? Is it that important that we acknowledge them as original songwriters? At that rate, at least Petty at least included a few variations to that theme...
 
Monetary consideration aside, there's a lot to be said about artists working "on a theme by"... 
 
 
 
 
 

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yorolpal
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Re: Tom Petty & Jeff Lynne awarded royalties for Sam Smith single 2015/01/27 18:37:28 (permalink) ☄ Helpfulby dubdisciple 2015/01/27 19:03:01
It's not only possible it's quite likely to find millenials who wouldn't know Tom Petty from adam's off ox. And quite likely that the similarity was unintentional. The verses of the Smith song are nothing at all like Pettys. Tom has a much stronger leg to stand on with the Chili Pepper rip.

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Re: Tom Petty & Jeff Lynne awarded royalties for Sam Smith single 2015/01/27 18:37:58 (permalink)
I think problem with comparing it to something like murder is that we are comparing a contrived crime with one that is universally seen as wrong  ( even if we make exceptions). Murder has always been seen as wrong. The idea that one can not only own lyrics  and melody  but anything re,otely similar is fairly new.  Cocepts of how far copyright can has drastically changed. If you have access to any old documentaries that have not been re-edited to fit modern litigation standards, it was very common to hear whatever sounds and see whatever images were present. Now if you interview someone, you had better turn that tv or radio off. We talk about such things today as if it is a given, but no one would have thought twice of the radio being on in the background and accused someone of copyright infringement. I guess my fear is the slippery slope reasoning that ends up targeting  those who simply are not creative  or advanced enough to make a tune that has zero elements of anything ever made. Are beginners not allowed to perform in public until they are capable of a 100% original song? Should a well meaning but limited musically teen be treated the same way as a blatant thief? I think not. I know it may seem like exaggeration, but legal precedent has an ugly habit of creating lots of unintended victims and the genie rarely goes back into the bottle.  I woukd have never imagined as a child that 8 and 9 year olds would be recieving cease and desist letters from the likes of George Lucas and JK Rowling due to user created fan pages, but these things happen often as lawyers have expanded the bounds of protection by taking advantage of shifts in laws aimed at actual thieves.
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Rain
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Re: Tom Petty & Jeff Lynne awarded royalties for Sam Smith single 2015/01/27 19:18:41 (permalink)
I spoke of getting away with murder because it's also a figure of speech, though technically, it's also true that science has made it less and less possible in a more literal sense.
 
I think that there are indeed some incredibly wicked things when it comes to copyright laws - lawyers being what they are. I do recognize that this part of the problem is anything but perfect.
 
But I think that the tendency to lower the bar is a much greater plague, still.
 
Why, for example, should a group of teenager expect to become star musicians and be regarded as songwriters without first learning the basics and earning those titles? Why do we value ignorance and lack of skills so much that they become a right and a stepping stone in the quest for notoriety instead of a potential and something which should be worked upon, with time and humility, out of the spotlight? Why does every one has to be a star, right away?
 
No one can forbid someone to write a song very similar to another. But once you throw it out there and claim it as yours and try to build a name and a credibility on it, you expose yourself, and take whichever responsibility comes with it. But we only ever hear of rights.
 
I mean, the guy will not be thrown in jail, or be put in a concentration camp - he still gets to sing whatever he wants, and earn a living and all. But he was asked to give credit, and he did amicably have I read.
 
Obviously, that's jut an opinion. It may seem harsh, but I obey the exact same of rules when it comes to creating. If I think I'm quoting or borrowing from someone, either I'll drop it altogether or acknowledge it or keep it to myself. The right to write a song that sounds like another is inalienable. What you do with it is subject to debate.
post edited by Rain - 2015/01/27 19:25:36

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Rain
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Re: Tom Petty & Jeff Lynne awarded royalties for Sam Smith single 2015/01/27 19:30:17 (permalink)
yorolpal
It's not only possible it's quite likely to find millenials who wouldn't know Tom Petty from adam's off ox. 



Well, they've just learned. And there's nothing wrong with a little history lesson in my book - I don't see ignorance as something which should be safeguarded. All the opposite.
 
The legal aspect of it is an entirely different story.

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Re: Tom Petty & Jeff Lynne awarded royalties for Sam Smith single 2015/01/27 20:17:27 (permalink)
musicman100
Ill do you one better, last night on Austin City Limits I heard a singer by the name of Bryan Adams
I first thought Tom Petty  and his band were  hiding behind the stage playing and singing.
this guys vocals AND music(chords, structure, tonality) are a direct ripoff of Tom Petty




Or some of Tom's is copped from him (his first album came out in 1980).

 
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Re: Tom Petty & Jeff Lynne awarded royalties for Sam Smith single 2015/01/27 20:28:37 (permalink)
Why Sublime never got sued for What I got is strange to me. 
 
I don't about Music but for books I think it's 75 years and then copyright expires. Of course, record labels hold the rights for many classic 60s songs and thats why you have guys like lynne rerecording Mr Blue Sky and trying to hawk the new version.
 
A big team was generally behind each of those old bands. They weren't that great or anything but they had big studio expertise for production and marketing and songwriting help at their disposal. Look what they do when that support is pulled- they just dry up.
 
 
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yorolpal
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Re: Tom Petty & Jeff Lynne awarded royalties for Sam Smith single 2015/01/27 23:45:27 (permalink)
No one is talking about safeguarding ignorance...certainly not me. But, again, there are twelve tones with which to work and countless...literally...compositions to compare one's arrangement of said tones to. It is a statistical improbability of the highest order to not have scads of near and/or exact repetitions of melody in what is loosely termed, modern music. Especially given the rules governing non-dissonant melodic and harmonic content. And these facts should, at the very least, be taken into account when adjudicating these cases. It is not hyperbolic to say that almost any modern melody, when reduced to a finite set of notes, can be found to be a replicant of many, many previous works by many and varied artists stretching back as far as history allows.

This is...and always will be...more an issue of monetary remuneration...than artistic sovereignty.
post edited by yorolpal - 2015/01/27 23:53:32

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Re: Tom Petty & Jeff Lynne awarded royalties for Sam Smith single 2015/01/28 00:24:09 (permalink)
I was not advocating for ignorqnce but for rationality. To say mqke it some kind of requirement that kids be familiar with Tom Petty or any indivindividual artist's music on the off chance they, as beginners, might stumble across a similar simple phrase is absurd. The fact that the wongs used the same simple structure speaks more to the fact that with twelve notes the law of averages dictates repition more than Petty's genius. I doubt the writers of the song in question are tryi my to pass themselves as brilliant songwriters but rather as people  who understand the simple formula it takes to sell records. Whether anyone "deserves" a hit is highly subjective. Complexity does not autonatically mean better or even brilliant. If someone can take the exact same phrase and make a song that reaches a much wider audience than Petty ever did, it certainly had nothing to do with his variation of it. It is said that almost every major movie is a variation of a Shakespeare plot. Some are simply better embraced. You are right that nobody is going to jail and it is probably  easier and cheaper to settle than have a prolonged court battle.
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Re: Tom Petty & Jeff Lynne awarded royalties for Sam Smith single 2015/01/28 00:41:31 (permalink)
FWIW, and I felt I needed to mention that I genuinely appreciate the fact that you guys keep the conversation on a very civilized level. Sometimes I'm afraid my wording sounds harsher than I'd really like and I don't necessarily manage to put every nuance across the way I should. 
 
So, thank you folks for being such gentlemen. :)
 
Now back to our regular program...

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