If It Sounds the Same, Is It Plagiarism? The Case Against Carly Rae Jepsen...

Wednesday, October 31, 2012
by  paul

There are only 12 notes in a scale, and only so many ways to arrange those notes into a pop-friendly sequence. Which raises the question: can two separate songwriters easily come up with the same hook, independently of one another?  In other words, can you copy a song - or melody, chorus, or hook - purely by accident?  

Welcome to the latest copyright lawsuit, this time against Carly Rae Jepsen and Owl City.  The duet recently released "Good Time," a totally upbeat and infectious track.  But the real hook is that the main motif sounds almost exactly like the one used in "Ah, It's a Love Song," by singer-songwriter Allyson Nicole Burnett.

The lawsuit, which names songwriters Adam Young, Matt Thiessen and Brian Lee atop the list, along with a list of publishers, shows that Burnett's version had significant visibility starting in 2010.  That includes background slots in 'The Hills' and 'Friendzone,' not to mention availability across physical and digital outlets like iTunes.  The rest gets really granular really fast, delving into theoretical discussions of keys, rhythms, and the use of a non-lyrical hook. 

But is this a case of accidental simility, or a flat-out rip-off?

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Carly Rae Jepsen, Scooter Braun Talk Hot 100 Coronation

by Gary Trust, N.Y.  |   June 13, 2012 4:25 EDT

(Update: Jepsen's manager was previously misidentified. She is managed Jonathan Simkin.)
Carly Rae Jepsen and Scooter Braun, founder of her imprint Schoolboy Records, are basking in the afterglow of her bouncy Interscope Records single "Call Me Maybe" bounding to the top of the Billboard Hot 100.
"I feel so blessed," the singer said upon learning that the song, her first Hot 100 entry, had dethroned Gotye's "Somebody That I Used to Know," featuring Kimbra, after an eight-week domination. "Thank you to everyone who made this happen.
"Life keeps surprising me lately and it's a wonderful feeling."

Carly Rae Jepsen Hits No. 1: 'Call' Connects Atop Hot 100

Braun likewise shared his elation over the chart-topping news.
"To see Carly hit No. 1 is an amazing achievement, but what is even better is seeing it happen to someone as kind and as warm a person as Carly Rae Jepsen," he says. "No one is more deserving.
"And, I know from hearing her music that this is just the beginning for her."

As previously reported, "Call" was first a hit in Jepsen's home country of Canada, as the Mission, British Columbia, native took the song to No. 1 for four weeks on the Billboard Canadian Hot 100 beginning in February. After fellow Canadian Justin Bieber Tweeted his affinity for the song to his more than 20 million Twitter followers, and produced a video in which he, Selena Gomez and Ashley Tisdale sang it, the U.S. success of "Call" surged.
Jepsen, like Bieber, is signed to Braun's Schoolboy imprint. (She's managed by Jonathan Simkin.) Braun also manages rookie British/Irish boy band the Wanted. Ironically, given his support, Jepsen reaches the Hot 100 apex before Bieber (and on her first try). While Bieber has placed 25 songs on the chart dating to his arrival in 2009, he's so far peaked as high as No. 2 with "Boyfriend." He previously placed as high as No. 5 with "Baby" in 2010.
The Wanted reached No. 3 with its debut single "Glad You Came," which this week drops 10-11. Follow-up single "Chasing the Sun" rises 93-91 in its second week on the Hot 100.
Jepsen is set to open for Bieber for 47 dates on his North American "Believe" tour, which begins Sept. 29  in Glendale, Ariz., and runs through Jan. 26, 2013, in Miami.
Her as-yet-untitled debut U.S. album is due this fall.

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