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đ§âđ€ Deja sue: What the fight over Olivia Rodrigo songs says about copyright lawÂ
As if dealing with a tough ex who drops you just before you learn to drive isnât enough hurt. Olivia Rodrigo, one of the biggest music sensations in 2021, is feeling financial pain, too, after assigning royalties to the likes of Taylor Swift and Paramore.Â
The tale of Rodrigo provides interesting insight into the state of music and copyright law, according to The Ringer.
Musicians used to build off one another without much fear of legal issues: But then came the decision that Robin Thickeâs âBlurred Linesâ infringed on a Marvin Gaye song. While the legal questions at hand were very esoteric and specific, artists began worrying about making songs that simply sounded too much like tracks from the past.
This is what happened to Rodrigo: Her songs clearly sound like they have been inspired by the likes of Swift and Paramore even though she says she didnât purposefully take from those artists. But to avoid any litigation, Rodrigo assigned writing credits to Paramore for the song âGood for You,â which is musically similar to âMisery Business.â She did the same to Swift for âDeja Vu.âÂ
Music copyright cases usually turn on this major factorÂ
One attorney told The Ringer âintent doesnât matter.â But âyou still need to prove access.â I.E. the artist has to somehow be aware of the song they are allegedly taking from.Â
The Verdict
Sometimes legal damages just boil down to whether a musician cares. Lordeâs summer hit âSolar Powerâ sounded just like Elvis Costelloâs âPump It Up,â but he didnât mind, saying on Twitter, âItâs how rock and roll works.â Â