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In Defense of Musical Ripoffs

The following excerpt is from an article that originally appeared on Hit and Run Reason

StaxRadiohead is reportedly suing Lana Del Rey because her song “Get Free” sounds a lot like Radiohead’s old hit “Creep.” As Reason‘s Ed Krayewski noted earlier this week, Radiohead itself was successfully sued a while back because “Creep” sounds a lot like the Hollies’ “The Air I Breathe.” I don’t think anyone has ever sued the Hollies for “The Air I Breathe,” though I wouldn’t be surprised to learn that there’s a Roy Orbison song somewhere that sounds almost exactly like it.

The courts have been getting more strict about this kind of thing recently, with Marvin Gaye’s estate winning a case against Pharrell Williams and Robin Thicke over a song that copied the “feel” but not the actual notes of Gaye’s “Got to Give It Up.” In a better world, the law would be growing more tolerant of this sort of imitation, not more restrictive. Much of the evolution

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