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(Daily Mail)   Plagiarism judge to Carly Rae Jepsen: $800,000 maybe   (dailymail.co.uk) divider line 66
    More: Followup, Carly Rae Jepsen, Owl City, Jepsen, oh oh, Lesson Learned, TMZ  
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7758 clicks; posted to Entertainment » on 31 Jan 2014 at 10:42 AM (51 weeks ago)   |  Favorite    |   share:  Share on Twitter share via Email Share on Facebook   more»



66 Comments   (+0 »)
   
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2014-01-31 10:45:37 AM  
Should have hired the law firm of LaBeouf, LaBeouf and LaBeouf.
 
2014-01-31 10:46:50 AM  
well this is crazy.
 
2014-01-31 10:47:40 AM  

olapbill: well this is crazy.


That's quite a number.
 
2014-01-31 10:50:55 AM  

Need a Dispenser Here: olapbill: well this is crazy.

That's quite a number.


I'll call the bankzy.
 
2014-01-31 10:51:34 AM  
Sorry judge, but you're wrong. They're similar but not identical, which extends to 90% of pop these days.
 
2014-01-31 10:52:06 AM  

lindalouwho: Need a Dispenser Here: olapbill: well this is crazy.

That's quite a number.

I'll call the bankzy.


It's hot to get sued.
 
2014-01-31 10:54:55 AM  
Listened to the two "vocal motifs" (which would be an awesome name for a chick band, or maybe the bad-guy band in the next Pitch Perfect movie).  They're pretty damn close.

Oh wait.  Sorry - am I getting off on the wrong foot?  Is this going to be another round of the "Fark hates Carly Rae Jeppson, and here's why:" thread?
 
Zel
2014-01-31 10:58:44 AM  

dj_spanmaster: Sorry judge, but you're wrong. They're similar but not identical, which extends to 90% of pop these days.


QuotedForTruth

Just because you can't tell the songs apart doesn't mean they're related. Only a few billion combinations of melody exist anyway.
 
2014-01-31 10:59:08 AM  

bagumpity: Listened to the two "vocal motifs" (which would be an awesome name for a chick band, or maybe the bad-guy band in the next Pitch Perfect movie).  They're pretty damn close.

Oh wait.  Sorry - am I getting off on the wrong foot?  Is this going to be another round of the "Fark hates Carly Rae Jeppson, and here's why:" thread?


Fark hates Carly Rae Jepsen AND intellectual property laws. 

So its more of a "dropped-cat-with-buttered-toast-face-up-tied-to-its-back" scenario
 
2014-01-31 11:00:05 AM  
I don't hear it other than they both sound like overly processed pop music and they both make use of ohs. Justin Bieber might as well start suing everyone that uses "Baby" in a song.
 
2014-01-31 11:01:57 AM  

bagumpity: Listened to the two "vocal motifs" (which would be an awesome name for a chick band, or maybe the bad-guy band in the next Pitch Perfect movie).  They're pretty damn close.

Oh wait.  Sorry - am I getting off on the wrong foot?  Is this going to be another round of the "Fark hates Carly Rae Jeppson, and here's why:" thread?


I don't like modern pop (hey, I'm in my 40s, get off my lawn, etc.) -- but I like her voice, and her song was very upbeat and catchy. I'm not a CRJ hater by any means.
 
2014-01-31 11:02:00 AM  

dj_spanmaster: Sorry judge, but you're wrong. They're similar but not identical, which extends to 90% of pop these days.



i read where Katy Perry's "Roar" was said to be "remarkably similar" to sara bareilles' "Brave". i don't hear it.  i guess you could say as anthems of empowerment the subject matter is similar, but i don't think one resembles the other.

one that i have noticed is that -- depending on whether you hear the acoustic version or the band version, both are on the radio -- that dude with the weird Gollum voice, "you only know the sun when it statrts to snow, you only miss the moon when it starts to glow, you should have never let her go, but you let her go".....The melody motif is almost note for note the same hook as Gin Blossoms "Found Out About You".

the first time i heard the acoustic version, the solo fingerpicked intro, about 30 seconds or so, i wsas like, "huh, someone did n acoustic cover of that 90s GB's song" and then the lyrics are completely different.
 
2014-01-31 11:04:51 AM  
This is ridiculous.  They are two completely different songs and just because both of them say ♫♪ Oh oh oh oh oh ♪♫ doesn't mean anyone is entitled to anything.  The plaintiff should have been laughed out of court and the defendant should be laughed into obscurity for that auditory abortion of a song.

The American legal system is a joke.  Thank God I'm not creative or talented so I never have to deal with anything similar.
 
2014-01-31 11:05:41 AM  
Yeah, they're very close, but they're both bland, stupid pop. Both singers' voices have been autotuned to the point of being indistinguishable from one another. Beyond that, they use similar overused pop cliches. They're very similar, not so much in the sense of plagiarism, but more in the sense that they both used the same prepackaged software to put together their songs.
 
2014-01-31 11:06:17 AM  

Teiritzamna: bagumpity: Listened to the two "vocal motifs" (which would be an awesome name for a chick band, or maybe the bad-guy band in the next Pitch Perfect movie).  They're pretty damn close.

Oh wait.  Sorry - am I getting off on the wrong foot?  Is this going to be another round of the "Fark hates Carly Rae Jeppson, and here's why:" thread?

Fark hates Carly Rae Jepsen AND intellectual property laws. 

So its more of a "dropped-cat-with-buttered-toast-face-up-tied-to-its-back" scenario


Well. That's quite an analogy.
 
2014-01-31 11:06:23 AM  
I just feel bad for whoever had to listen to these two songs over and over to make a judgment call on this. I think I would have sentenced them both to death.

Having said that, I'm pretty sure Ally Burnett didn't invent using that phrasing, I'm pretty sure that sh*tty pop music sound has been going on for a while now. Maybe the New Kids on the Block need to sue for her usage of phrasing from The Right Stuff.
 
2014-01-31 11:06:24 AM  

Zel: Only a few billion combinations of melody exist anyway.



my oldest is taking piano classes, so from time to time i'll bash around the ol' Joanna myself.....i've noticed how odd and amazing it is that there are only 12 notes for all the songs we love and adore.  12!  like i figured out the "Hey Jude" hook in no time flat, and then if you play those notes a different way, you have a whole new song.
 
2014-01-31 11:09:15 AM  

HatMadeOfAss: This is ridiculous.  They are two completely different songs and just because both of them say ♫♪ Oh oh oh oh oh ♪♫ doesn't mean anyone is entitled to anything.  The plaintiff should have been laughed out of court and the defendant should be laughed into obscurity for that auditory abortion of a song.

The American legal system is a joke.  Thank God I'm not creative or talented so I never have to deal with anything similar.


Huh. Odd thing to thank God for, dontchathink?
 
2014-01-31 11:11:23 AM  

RockofAges: Locked Out of Heaven sounds exactly like Roxanne and Don't Stand So Close to Me mashed up


yeah, i didn't put that together until they did that exact mashup at the last grammy's or MTV whatever.  when they went into Roxanne i was like, "huh, did Sting give permission to brotherman to use his song for his?"

thinking of taking my girls to katy perry.  i know tickets will be assrape but they love some katy perry.  and as for me, i uhhhh, she's, very, ummm nice to, uhh.......excuse me something just popped up.
 
2014-01-31 11:12:07 AM  
Little off topic, but I'm just going to throw this out...it's David Gilmour jamming for more than five minutes on acoustic before uttering even a single word.

https://www.youtube.com/watch?v=xPL3O7NmgpI
 
2014-01-31 11:14:37 AM  

bdub77: Little off topic, but I'm just going to throw this out...it's David Gilmour jamming for more than five minutes on acoustic before uttering even a single word.

https://www.youtube.com/watch?v=xPL3O7NmgpI


read where he's started recording another solo album, his first since 2006's "On An Island", which I thought was farking phenomenal, and I'm not really a Floyd guy.  Very ambient album, tranceish at times, but with that classic Gilmour sound. And David Crosby and Graham Nash are once again helping him out.  can't wait!
 
2014-01-31 11:14:51 AM  
Oh bullshiat. The same vocal stylings and the same cadence and structure. Its pretty damn close. Plagarism? idk, but if you "can't hear it" then you're and idiot.
 
2014-01-31 11:16:32 AM  

rickythepenguin: Zel: Only a few billion combinations of melody exist anyway.


my oldest is taking piano classes, so from time to time i'll bash around the ol' Joanna myself.....i've noticed how odd and amazing it is that there are only 12 notes for all the songs we love and adore.  12!  like i figured out the "Hey Jude" hook in no time flat, and then if you play those notes a different way, you have a whole new song.


Axis of Awesome
 
2014-01-31 11:28:14 AM  
I listened to both songs.  This doesn't seem right.
 
2014-01-31 11:28:38 AM  

dj_spanmaster: Sorry judge, but you're wrong. They're similar but not identical, which extends to 90% of pop these days.


They both sound like car commercials for the Toyota Echo. Or maybe the Kia Sport. Or the Nissan Cube.
 
2014-01-31 11:30:56 AM  
Also off topic, but at least an unexpected cover:

"Yuh shure do have a purty mouf, Elton."

http://www.wimp.com/bluegrassrocket/
 
2014-01-31 11:40:34 AM  
Next up, Adam Rich sues for haircut copyright infringement

snakkle.wpengine.netdna-cdn.com
 
2014-01-31 11:46:43 AM  

Geoff Peterson: Oh bullshiat. The same vocal stylings and the same cadence and structure. Its pretty damn close. Plagarism? idk, but if you "can't hear it" then you're and idiot.


please tell me that was deliberate
 
2014-01-31 11:51:03 AM  
Well they DID both use "Oh"
 
2014-01-31 11:53:14 AM  
Is this the thread for posting cute Carly Rae Jepsen pics?


cdn01.cdnwp.celebuzz.com

cdn02.cdn.justjared.com

www.hawtcelebs.com
 
2014-01-31 11:54:08 AM  

lindalouwho: HatMadeOfAss: This is ridiculous.  They are two completely different songs and just because both of them say ♫♪ Oh oh oh oh oh ♪♫ doesn't mean anyone is entitled to anything.  The plaintiff should have been laughed out of court and the defendant should be laughed into obscurity for that auditory abortion of a song.

The American legal system is a joke.  Thank God I'm not creative or talented so I never have to deal with anything similar.

Huh. Odd thing to thank God for, dontchathink?


It just tells you he is that serious how he feels about the American legal system.
 
2014-01-31 12:03:24 PM  
whatever happened to the "stolen" nude pics of her?
 
2014-01-31 12:20:58 PM  
I will help her work it off if you know what I mean, and I know you do.

/$10 at a time
//poor
 
2014-01-31 12:28:01 PM  
Aaaand this is why Daily Fail is seen as Internet Fishwrap:

http://www.showbiz411.com/2014/01/31/justin-bieber-world-new-scandal -c arly-rae-jepsen-loses-plagiarism-law-suit

A one-second Google is all it took.
 
2014-01-31 12:38:50 PM  
does this hack really have $800,000?
 
2014-01-31 12:54:07 PM  
I'd hit it
/Carly Rae Jepsen
//not the Owl City guy.
 
2014-01-31 01:05:58 PM  

Leishu: Aaaand this is why Daily Fail is seen as Internet Fishwrap:

http://www.showbiz411.com/2014/01/31/justin-bieber-world-new-scandal -c arly-rae-jepsen-loses-plagiarism-law-suit

A one-second Google is all it took.


See, this is why I farking hate it when news sources talk about legal cases, opinions, etc. and dont give a farking citation or at least a link to the court document.  I tried going on PACER and saw absolutely nothing about this opinion, but didn't really want to dig to see if there was some other filing/civil action number.
 
2014-01-31 01:14:20 PM  

LectertheChef: Yeah, they're very close, but they're both bland, stupid pop. Both singers' voices have been autotuned to the point of being indistinguishable from one another. Beyond that, they use similar overused pop cliches. They're very similar, not so much in the sense of plagiarism, but more in the sense that they both used the same prepackaged software to put together their songs.


You are correct. Bland music that sounds similar.

Most times you can hear the referenced music and go "Yes, right there it's the same" like the Blurred Lines/Got to Give It Up thing. Here it just sounds like the same shiatty song writer and the same shiatty producer and the same shiatty engineer with the same shiatty software all churned out the same shiatty sounding muzak with interchangeable pop tarts.
 
2014-01-31 01:17:24 PM  
Bad call, IMHO
 
2014-01-31 01:31:53 PM  

lindalouwho: HatMadeOfAss: This is ridiculous.  They are two completely different songs and just because both of them say ♫♪ Oh oh oh oh oh ♪♫ doesn't mean anyone is entitled to anything.  The plaintiff should have been laughed out of court and the defendant should be laughed into obscurity for that auditory abortion of a song.

The American legal system is a joke.  Thank God I'm not creative or talented so I never have to deal with anything similar.

Huh. Odd thing to thank God for, dontchathink?


I'm a realist. I'm never going to be the best at anything.  I'm never going to be rich and famous for my musical/sports/writing/pud pulling abilities.  If this lawsuit is any indication of the sh*t you have to do for your "art" (both the litigious plaintiff and the "allergic to music" defendant), then I'm perfectly content with mediocrity.
 
2014-01-31 01:35:04 PM  
i.cdn.turner.com
 
2014-01-31 01:51:31 PM  

HatMadeOfAss: lindalouwho: HatMadeOfAss: This is ridiculous.  They are two completely different songs and just because both of them say ♫♪ Oh oh oh oh oh ♪♫ doesn't mean anyone is entitled to anything.  The plaintiff should have been laughed out of court and the defendant should be laughed into obscurity for that auditory abortion of a song.

The American legal system is a joke.  Thank God I'm not creative or talented so I never have to deal with anything similar.

Huh. Odd thing to thank God for, dontchathink?

I'm a realist. I'm never going to be the best at anything.  I'm never going to be rich and famous for my musical/sports/writing/pud pulling abilities.  If this lawsuit is any indication of the sh*t you have to do for your "art" (both the litigious plaintiff and the "allergic to music" defendant), then I'm perfectly content with mediocrity.


Fair enough. I took it out of context, not considering the "gets famous" part. My bad.
 
2014-01-31 02:27:29 PM  

rickythepenguin: dj_spanmaster: Sorry judge, but you're wrong. They're similar but not identical, which extends to 90% of pop these days.

i read where Katy Perry's "Roar" was said to be "remarkably similar" to sara bareilles' "Brave". i don't hear it.  i guess you could say as anthems of empowerment the subject matter is similar, but i don't think one resembles the other.


FWIW, I heard "Roar" while I was driving one day, and I started singing the chorus to "Brave" over "Roar's" chorus.....it fit perfectly. If you took Katy Perry's vocals out you could easily sing Sarah Barellis' lyrics and not know the difference.
 
2014-01-31 02:41:26 PM  
I'm not sure I hear a similarity worth an $800K judgment.
 
2014-01-31 03:12:57 PM  

rzrwiresunrise: I'm not sure I hear a similarity worth an $800K judgment.


That's ok, there wasn't one.
 
2014-01-31 03:18:20 PM  

Welfare Peanut Butter: FWIW, I heard "Roar" while I was driving one day, and I started singing the chorus to "Brave" over "Roar's" chorus.....it fit perfectly. If you took Katy Perry's vocals out you could easily sing Sarah Barellis' lyrics and not know the difference.


i'd have to sit down and A/B each to make a truly qualified opinion i gues....i just think of the chorus to 'Roar' versus "Brave" and from that standpoint i don't hear "it".  but maybe the intros or whatevers are similar.

also, i'd love to be the meat in a Sara/Katy sandwich.  4 titties 2 asses, LIKE A BOSS

#YOLO
#SWAG
 
2014-01-31 03:34:10 PM  

rickythepenguin: also, i'd love to be the meat in a Sara/Katy sandwich.  4 titties 2 asses, LIKE A BOSS

#YOLO
#SWAG


#DIAF
 
2014-01-31 03:41:10 PM  

mr lawson: rickythepenguin: also, i'd love to be the meat in a Sara/Katy sandwich.  4 titties 2 asses, LIKE A BOSS

#YOLO
#SWAG

#DIAF


idk my bff jill?
 
2014-01-31 03:43:32 PM  

rickythepenguin: i read where Katy Perry's "Roar" was said to be "remarkably similar" to sara bareilles' "Brave". i don't hear it. i guess you could say as anthems of empowerment the subject matter is similar, but i don't think one resembles the other.


The hooks are the same (not exact, but way closer than the songs in the article.) Search for Tesher Brave Roar Mashup. He lays the vocals for one over the hook of the other and you can't tell the difference. And, apparently, Katy Perry's people keep filing DCMA takedowns.

Teiritzamna: rzrwiresunrise: I'm not sure I hear a similarity worth an $800K judgment.

That's ok, there wasn't one.


IANAL, but the article says it came down to the "inverse ration rule". If I read things correctly, the judge believes Jespen's group would have heard Burnett's song, therefore the burden of proof of infringement drops significantly. That's how "Ghostbusters" was found to infringe "I Want a New Drug." It was shown that the movie producers played "I Want a New Drug" to Ray Parker Jr. and said, "We want something like that." Instant infringement.

Here's an article from Los Angeles Lawyer discussing the inverse ration rule.
 
2014-01-31 03:57:54 PM  

KierzanDax: That's how "Ghostbusters" was found to infringe "I Want a New Drug."



and yet on Adam Carolla's podcast, he was aware of some shiatty 60s/70s soul song that was remarkably similar, meaning Ray Parker Jr. must have heisted it (unless he knows how to time travel).  They A/B'd this obscure funk song versus his, and the beat was the same, and the sax was highly similar.  weird.
 
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