Copyright doesn’t live forever

You know, I think I recognise your face…or at least the music and lyrics you play!

To coincide with the Oasis reunion tour, Alex Howarth, a solicitor in our dispute resolution team, has been reflecting on some of the legal cases and remedies involving the band.

In our second of three posts, we explore the issue of copyright, and the accusations of plagiarism levelled at the Gallagher brothers over the years.

Since rising to prominence and UK music chart domination more than thirty years ago, Oasis have frequently been accused of plagiarism and copyright infringement, with other artists claiming their music and lyrics had been copied by the band.

Some might say many of these accusations, while making scintillating copy for the tabloids, have cast no shadow over a band that continues to earn millions in royalties.

However, in two significant cases, the band agreed out of court settlements with artists and rights holders who claimed Oasis had infringed their copyright.

Free to sing whatever?

Liam might have sung that he’s free to sing the blues if he likes, but when it comes to the laws around copyright – and the song Whatever which that line comes from, that’s not entirely true when it comes to other people’s music and lyrics.

In English law, the ‘author’ (or creator) of a copyright work is generally recognised as the first copyright ‘owner’. The types of work covered by copyright include original literary, dramatic, musical or artistic works and sound recordings – however, the work must be ‘original’ in order to gain protection.

The copyright owner has an exclusive right to, amongst other things, copy, issue copies, perform, show, play, communicate or adapt the work in question. Copyright is therefore infringed when somebody else carries out any of these exclusive rights without the permission of the copyright owner, and in the absence of any recognised exceptions applying.

Passing other artists’ songs off as your own, selling these as records and performing them live, without giving credit to the original creators or obtaining their prior permission can therefore potentially lead to a claim for copyright infringement and potentially substantial damages.

In the case of Whatever, which was released on 18 November 1994 and reached Number 3 in the UK Charts, a copyright infringement claim was made against the band due to alleged similarities to How Sweet To Be An Idiot, which was written by Neil Innes in 1973 and performed by the Monty Python comedy group.

EMI, Innes’s publishers, issued court proceedings against Oasis and the parties agreed an out of court settlement, with Innes being given a songwriting credit on Whatever, and therefore a share of the royalties relating to the song, as part of the agreement.

Video – https://www.youtube.com/watch?v=EHfx9LXzxpw&list=RDEHfx9LXzxpw&start_radio=1

Video – https://www.youtube.com/watch?v=P_OPpfaFlUI

I’d like to be somebody else…

 It wasn’t the first time the band had reached an out of court settlement after being accused of copyright infringement.

In fact, they landed in copyright hot water on releasing only their second single, Shakermaker.

Released in 1994, this song was the subject to claims of alleged similarities to a 1971 song I’d Like to Teach the World to Sing, by The New Seekers, which had become famous when a version had been adapted and used by global soft drinks giant Coca-Cola in advertisements.

Oasis even originally used the lyric “I’d like to teach the world to sing, in perfect harmony”, which features in the earlier song, in early performances – but this line was subsequently changed to “I’d like to be somebody else and not know where I’ve been” prior to the single’s release.

Despite, this a copyright infringement claim was still reported to have been issued by Coca Cola against the band, and the parties agreed a settlement out of court reported to be in the region of 500,000 Australian dollars.

In response to the case, Noel Gallagher reportedly commented: “Now we all drink Pepsi!”.

Video – Oasis – Shakermaker (Official HD Remastered Video)

Video – https://www.youtube.com/watch?v=UMGf94MNUuY&list=RDUMGf94MNUuY&start_radio=1

Creative people take their influences, not only from their daily lives, but also from the music and art they enjoy immersing themselves in, so sometimes the courts will need to decide whether copyright infringement has occurred, or the artist has simply been influenced by a certain sound, vibe or style.

Whilst the law does not want to discourage people from finding their own creative flow, this must be balanced against protecting the rights of the copyright owner of original works and the income they are entitled to earn from these.

These cases illustrate how easily copyright may be infringed by artists and the steps that can be taken by copyright owners to protect their rights.

Equally, the costs involved in pursuing (and defending) copyright infringement claims of this nature are potentially extremely high, especially if a case proceeds all the way to a trial, and the losing party would likely be forced to pay at least some of the winning party’s costs, in addition to any damages or injunctive relief that may be granted. Therefore, in the above cases, it appears that it was sensible for the parties to negotiate a commercial settlement outside of court.

Ironically, Coca-Cola ended up using Whatever in a subsequent advertising campaign in 2011, with Oasis presumably receiving royalties in return. This also demonstrates that when disputes are resolved amicably between parties, commercial relationships can often still be maintained going forwards.

Copyright doesn’t Live Forever

Under English law, the general rule is that copyright expires at the end of 70 years from the end of the calendar year in which the original author dies.–When copyright expires, the work enters the public domain, meaning it can be used freely by anyone without needing permission from the copyright owner – which is why you might hear musicians covering classical works under no threat of being accused of copyright infringement.

Our dispute resolution team is here to help resolve all kinds of commercial legal issues and disputes including in relation to intellectual property and settlement agreements. For more information on the work of the dispute resolution team or getting help in relation to a partnership agreement or settlement agreement, contact us today on 0191 731 4936 or email alex.howarth@jacksons.law.