George Harrison's "Subconscious Plagiarism" Suit

It's not so obvious to me that they're the same song.

Yes, there are some similarities in the lyrics, but...

The 'feel' of the songs are totally different.

The meanings are totally different.  One is a bubblegum oldie, with little meaning other than teenage angst, the other is a religious statement.

A lot of the songs around the time of the Chiffons hit sounded pretty much the same.  There are even names for some of the sounds - the Specter Sound, the Motown Sound, a lot of doo wop is very similar.  And count the number of times the sound of Bo Diddley was used (and reused and reused).

I think the Chiffons (and whoever was behind them) just wanted a payday without doing anything.  Looks like they got it, too.

As an addendum, the Chiffons performance of He's So Fine (released in 1963) is in the public domain in Canada (it had fallen into the public domain in 2014, just prior to the copyright laws for performances were changed in 2015).  And the music itself is also in the public domain, as Ronnie Mack, who wrote it, died in 1963, the same year the performance was released.  The music fell into the public domain in 2014 (life of the composer(s) + 50 years).

Only part of My Sweet Lord was similar to He's So Fine, not the whole song. I was surprised as when I heard My Sweet Lord I didn't at all think of He's So Fine.

But what still surprises me to this day is why wasn't the Gordon Lightfoot song The Wreck Of The Edmund fitzgerald a close clone of Ringo's song It Don't Come Easy?

The similarity is unmistakable. And there was more similarity there than the George Harrison thing with He's So Fine.

Also the Beach Boys song Surfin USA is identical to Chuck Berry's Sweet Little 16 with different words and Chuck Berry had to get the writing credits. Little Richard sued John Fogerty(CCR) for Travelling Band which was similar to Good Golly Miss Molly. Lots of this. 

Posted by: @mark

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... But what still surprises me to this day is why wasn't the Gordon Lightfoot song The Wreck Of The Edmund fitzgerald a close clone of Ringo's song It Don't Come Easy? The similarity is unmistakable. ..

Also the Beach Boys song Surfin USA is identical to Chuck Berry's Sweet Little 16 with different words and Chuck Berry had to get the writing credits. Little Richard sued John Fogerty(CCR) for Travelling Band which was similar to Good Golly Miss Molly..... 

Yeah, never had I noticed any similarities in those songs nor had a clue about the litigations in court going on for years. And same goes; never had I noticed similarities of Wreck Of The Edmund fitzgerald and Ringo's Don't Come Easy (that really threw me, I guess I'll have to pull them up and listen, but right now in my mind I hear no similararity whatsoever). But I'm readily in agreement about Surfin USA and Sweet Little 16. Yeah it seems there's lots of hit songs that have sounded very similar.

Posted by: @artisan-radio

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...As an addendum, the Chiffons performance of He's So Fine (released in 1963) is in the public domain in Canada (it had fallen into the public domain in 2014, just prior to the copyright laws for performances were changed in 2015).  And the music itself is also in the public domain, as Ronnie Mack, who wrote it, died in 1963, the same year the performance was released.  The music fell into the public domain in 2014 (life of the composer(s) + 50 years).

Sure didn't know that, also didn't until a few nights ago that Bobby Days 1957 hit "Little Bitty Pretty One" is in the public domain in the US (Not in Canada, - I asked.)

Google AI explains (I have not confirmed anything):

"The musical composition and lyrics for "Little Bitty Pretty One" (1957) are widely considered to be in the public domain due to a failure to renew the copyright.
Key Copyright Details
Composition & Lyrics: In 1991, Jacqueline Byrd (widow of songwriter Bobby Day) testified to Congress that the copyright for the song had not been renewed during its 28th year. As a result, the publishing rights expired, and the song entered the public domain.
Sound Recordings: While the song itself (the "underlying work") is public domain, specific sound recordings (masters) typically are not. For example, the 1957 recording by Thurston Harris or Bobby Day may still be protected by recording-specific copyrights or the CLASSICS Act.
Songwriter: The song was written by Robert James Byrd (better known as Bobby Day). 

In Canada, the public domain status of "Little Bitty Pretty One" is different and more complex than in the U.S. because Canadian law generally does not recognize the "failure to renew" rule that put the song in the U.S. public domain

Also of note:

"In the United States, The Chiffons' 1963 recording of "He's So Fine" is not in the public domain. It remains under copyright protection for both the musical composition and the sound recording..."

About the Bobby Day thing.  That's weird, because the copyright law of 1976 removed the requirement to register or renew copyright.  Anything still copyrighted around that time would have that copyright extended to meet the new law.

Or am I missing something?

Actually, I think I'm wrong.

You still had to register before the new law came into effect to get the extended copyright.  Otherwise, the copyright would end after that original, 28 year period.  That's actually the argument used that most OTR is in the public domain - not one OTR show was registered at that time.

Canada has never had the requirement that you had to register copyright.

Posted by: @artisan-radio

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Canada has never had the requirement that you had to register copyright.

What you mean? In Canada your works just automatically become copyright the moment you create a work?

@artisan-radio I know you know you're stuff in this area. Myself, my knowledge of copyright laws are only superficial at best, like I said above I haven't confirmed any of the info I quoted AI above as reporting -- however I did quickly check the links it used as it's sources and it appeared to be accurate.

As I've emphasized before it's very clear that most AI must be taken with a grain of salt, because it's frequently incorrect with the facts.

That said, I also asked if there were other later hits like Little Bitty One that had fallen out of public domain due to similar situations.

Yes, many popular hits from the 1930s through 1963 are in the U.S. public domain specifically because their publishers failed to file for copyright renewal. .. ..

Notable Hits with Lapsed Renewals
The following songs (compositions/lyrics) are widely recognized as having entered the public domain due to non-renewal:  
"Rockin' Robin" (1958) – Written by Leon René (as Jimmie Thomas) and made famous by Bobby Day.
"That’s All Right" (1946) – The Arthur Crudup song later famously recorded by Elvis Presley.
"Happy Birthday to You" – Though tied up in legal battles for decades, a 2016 court ruling confirmed the copyright was never properly renewed/valid for the familiar lyrics, placing it in the public domain.
"Singing the Blues" (1956) – A massive No. 1 hit for both Guy Mitchell and Marty Robbins.
"Step It Up and Go" (1940) – A popular blues standard by Blind Boy Fuller.
"The Lion Sleeps Tonight (Wimoweh)" – Parts of the history of this song involve significant legal disputes over its adaptation from the original Zulu song "Mbube," which had been treated as public domain in various contexts

I would never pay this kind of money for a book, particularly when most of the info is readily available on the internet now. But  the bio of the author of this 2010 book is noteworthy, which is why I even mention it:

"Tom Nichols retired in 2006 after a 32-year career as a senior audiovisual librarian in three departments at the Library of Congress: the U.S. Copyright Office, the Special Materials Cataloging Division, and the Motion Pictures, Broadcasting, and Recorded Sound Division. As a sideline, he has been one of the go-to people for trustworthy music research by many people and companies involved in the music business. ..."

https://www.amazon.com/Never-Renewed-Dreamed-Public-Domain/dp/1884286062

(It's weird that last night it was priced $139 on Amazon, but by this morning it suddenly jumped to $147)

A listing of popular songs in the Public Domain in the U. S. because their copyrights were never properly renewed - the book contains 96 songs from the 50s and 60s that made the Billboard Pop Charts. The book has been checked and double-checked. The BZ/Rights Stuff has received a report from the U.S. Copyright Office confirming that copyright has never been renewed on any of these songs. This is a unique book. For more information about this book and our other a  Stuff published The Mini-Encyclopedia of Public Domain Songs in 1993 - it is a listing of songs in the Public Domain because their copyrights have expired. It is now a standard reference in the field.

This one is half the price at $59

https://www.amazon.com/dp/1733593136/ref=aod_recs_mobile_prsubs_0
$59.95
This collection of 376 songs includes the best authentic versions of this music, harmony, and lyrics, and is annotated with the authors’ own modern harmonizations. The authors have also added their own Study and Performance Guide, with contextual and historical information and easily findable references to key performances on most every page. The music, dating from 1580 thru 1923, tells the American experience through songs that immigrants brought to our shores and the frontier, and into the Gilded Age and Jazz Ages. This volume is a vital reference for performers, arrangers, and composers, to present audiences with music many will never have heard, and to base new works on these songs free from licensing obligation.

By the way, I never realized just how short the song Little Bitty Pretty One is:

Little bitty pretty one
Come on and talk-a to me
A-lovey dovey dovey one
Come sit down on my knee

Tell you a story
Happened long time ago
Little bitty pretty one
I've been-a watchin' you grow

That's it! That's the entire song!

The rest is just mmm mmm and oh oh

Canada has never had the requirement to register for copyright.  As soon as the work is created, it has copyright.  If it's published, it gets a certain period of protection, based on what it is (book, film, musical recording, etc.).  Even if it's unpublished, it has copyright, and, in fact, the copyright term is longer than published works.  Don't ask me why.

The government of Canada recommends that copyright registration take place, as it makes things easier (i.e., easier to prove you own the rights).  But you don't have to.

Totally different than early copyright laws in the U.S.  Although the copyright act of 1976 did remove that registration requirement for all new works going forward.  Works in the public domain at that point remained there; works that were still copyrighted had to register to renew the copyright at the longer terms.  If they didn't, the copyright ran out at the end of the current term.

@artisan-radio Makes me wonder how they handled back in, say in the 1800s? Not just Canada, I mean any country, any era, prior to the 1900s. Was there such notions as copyrights in eons past

Well, I did a bit of research, and apparently the first copyright act in the U.S. was in 1790.  It only covered printed materials (maps and books) and only applied to U.S. citizens.  The copyright term was 14 years, and could be renewed for another 14 years, but only if the author was still alive.  To receive the copyright, you had to give the local U.S. district court a copy, and print a notice in the newspaper.

In Canada, the first national act was in 1921, but in the 1800s there were laws in the various colonial regions, such as Nova Scotia and Lower Canada (Ontario and Quebec).  These regional acts were subject to British law as well.

I don't see where there was protection for music.  It was quite common for composers to 'borrow' other composer's material and incorporate it into theirs.  Some classical composers did this freely.  And, of course, there were no musical recordings until the late 1800s.

I guess it makes sense that music copyrights didn't come into effect until after recorded music and radio became mainstream - and sheet music was being copyrighted before that too I think.

It just seems kind of peculiar to me sometimes when you really start contemplating the notion of owning content of a string of notes or whatever.

Posted by: @richpowers

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By the way, I never realized just how short the song Little Bitty Pretty One is:

Little bitty pretty one
Come on and talk-a to me
A-lovey dovey dovey one
Come sit down on my knee

Tell you a story
Happened long time ago
Little bitty pretty one
I've been-a watchin' you grow

That's it! That's the entire song!

The rest is just mmm mmm and oh oh

 

Use his exactly lyrics but change the tune and the song comes across quite differently: