“This includes, for example, any suggestion that the two baseball analogies in Nickelback’s work are evidence that the band copied Johnston’s lyrics ‘might buy the Cowboys’ professional football team simply because both are ‘references to sports’”. However, Judge Pitman held that after reviewing the subject lyrics, that contention at times “borders on the absurd.” The judge noted: Lead singer Kirk Johnson of Snowblind Revival claimed the songs had many similar lyrics about making lots of money, lifestyles of rock stars and having well known friends. Judge Pitman held the songs just do not sound similar, ruling that “Simply stated, they do not sound alike…Where both songs evoke similar themes, they are rendered dissimilar through the vivid detail of the original expression in Nickelback’s lyrics.” Judge Robert Pitman of the US District Court agreed and dismissed the case. In this case Magistrate Judge Susan Hightower recommended that the lawsuit be dismissed with prejudice. He claimed the Nickelback song had misappropriated substantial portions of his song, including the “tempo, song form, melodic structure, harmonic structures and lyrical themes.”įederal magistrate judges handle certain matters for district court judges. The lead singer of Snowblind Revival, Kirk Johnson, wrote the song. The lawsuit asserted that Nickelback copied its 2005 hit “Rockstar” from an earlier 2001 tune similarly entitled “Rock Star” by a Texas group called Snowblind Revival. In the never ending torrent of copyright cases involving the music industry, a judge recently dismissed a claim filed against Canadian rock band Nickelback and their music publisher, Warner Chappell Music Inc.
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