Inadvertent Plagiarism: Examples and Coincidences

[andrewkirk]

I think plenty of history's successfully-sued instances of plagiarism occurred subconsciously, meaning that the defendant didn't realize they'd heard the tune before, when it popped into their head.

Examples:

• George Harrison's My Sweet Lord, whose tune - only in those three notes - matches He's So Fine by Ronnie Mack and sung by The Chiffons
• The flute riff in Men at Work's song Land Downunder matches the rhythm and the melody rise-fall pattern (but not the mode) of an Australian kid's round song Kookaburra sits in the old gum tree.
• Andrew Lloyd Webber's I don't know how to love him from Jesus Christ Superstar matches a tune in the slow movement of Mendelssohn's violin concerto.

The first two were successfully sued. Mendelssohn was too long dead to sue.

In all those cases, the inadvertent plagiariser would definitely have been exposed to the tune they unknowingly copied.

Some I've noticed recently are:

• In Taylor Swift's song Bad Blood the section with lyrics Band aids don't fix bullet holes matches the part of The Chicks' song "Easy Silence" with lyrics "Children lose their youth too soon".
• The chorus of the title song for the Blackadder TV show matches the opening of America the beautiful.

Here's one I just noticed now, and that prompted this post:

Vivaldi's concerto for two mandolins in G major, RV 532 was playing on the radio while I worked. In the slow movement there's a descending minor melody starting with repetition of the dominant that I think almost exactly matches the tune in Lennon and McCartney's Michelle under the lyric "I will say the only words I know that you'll understand".

Have a listen and tell me what you think.

I don't know whether Lennon or McCartney would have been exposed to that Vivaldi work. It's not a fully mainstream classical piece and I don't think either had a classical training. But perhaps one of them heard in once somewhere in the background and it just lodged in their subconscious. Or maybe it's just a coincidence - two people inventing the same melody from scratch, centuries apart.

I'd be interested in any other instances of inadvertent plagiarism, or coincidence, others have noticed, that haven't received mainstream attention and lawsuits or criticism.

 

[TeethWhitener]

https://en.m.wikipedia.org/wiki/Cryptomnesia

 

[Klystron]

In the "...there is nothing new under the sun." category:

A favorite juvenile author compared plagiarism, inadvertent or deliberate, in creative writing to watching a baseball game. Fans do not expect to see anything new at a ballgame; yet baseball remains popular. Copying other writers and composers becomes almost a form of homage.

This aphorism applies even more to creating music. Fans may not admit it but they rarely expect to be challenged by new experiences listening to popular music. For corroboration examine similar threads in these forums on modern music. Threads centered on avant-garde experimental music garner few replies compared to threads asking "List your favorite song".

The majority of fans at a Santana concert should be thrilled to hear Carlos's latest experiments but probably prefer "Jingo Va" one more time. And it best be note perfect to the album recording to avoid cognitive dissonance.

I am listening to my 'Likes' playlist on a music channel while typing this; a tune by guitarist Jenks Miller. I enjoy the texture of Miller's music, the intervals between expressions; but I suspect fewer people like or even listen to Jenks Miller compared to any Beatle, even Ringo.

 

[Charles Link]

The Doobie Brothers "Listen to the Music" sounds very much like Crosby, Stills, and Nash "Love the One You're With". There are differences, but there are also striking similarities.

 

[mpresic3]

I was visiting my sister for the holidays and the music on the radio or tape machine played a tune. I told her, that is a very unusual rendition of "Theme from a Summer Place". She told me, that's not "Theme from a Summer Place" , That's "Brazil". She later agreed without me bringing it up again, "They do sound similar"
I listened to both on Youtube. There are definitely strong similarities.

I heard Hudson Brothers, "So you are a Star", I think there are strong similarities to TinTin's song,"Nobody Moves Me Like You Do." Again, I would be interested if others agree. I think both are on youtube.

I think it is absurd the George Harrison / Chiffon's controversy, over 3 notes played in order. I cannot imagine in all the music that three notes were not played in the same order with all the songs out there. I think the similarities I mentioned above are much more striking.

 

[mpresic3]

In 1984, I was watching Miami Vice, and all of a sudden, I realized that I could determine the invariant axis of rotation by inspection, looking at the direction cosine matrix. I never tried to publish what would have been a little note. I found out later that a researcher name Shepard published it in 1978. It is a little trick so I expect others found it also, it isn't that deep. I only found Shepard's note later. I never saw it before. Not every independent thought is plagiarism, even with similarities.

 

[mpresic3]

I tried to see the similarity in Vivaldi and Michele. I listened once. I may try again. I do listen to classical music very rarely so it would be easy to slip by me. I did not see the similarity, except maybe a little, so it would be easy to fool myself.

 

[mpresic3]

I tried to see the comparison Swift Bad Blood/ Chicks etc. I did not see it. I could fool myself and say there is one. Again. I do not listen to these Genre's much so maybe that is why I don't see it. I would be interested in the similarities I pointed out. Possibly, it is a music genre-dependent thing.

 

[Klystron]

We lost a great writer this week. I greatly admired Larry McMurtry, reading every book of his that I found. So, I chose to comment on his excellent obituary in the New York Times and reply to several heartfelt comments.

Dozens of commenters extolled the virtues of novel "Lonesome Dove"; several specifying dramatic scenes such as the fight between the bull and the grizzly bear. Decency and respect precluded me from noting that McMurtry unabashedly lifted that scene 'chapter and verse' from a wonderful 19^th C. adventure book that I had also read. Turns out that author related this tale from an early Spanish explorer travel log whose author had heard the story directly from the mouth of an Osage Native American (First People) scout who witnessed the tumult as a tiny child, no doubt fearfully clutching his Daddy's hand.

Each author used dramatic flourishes and first person narrative to bring the reader so close to the battle that one can smell the blood, taste the dust and hear the bull bellow amid the roars of the enraged grizz.

McMurtry had read and even sold each of these books and antiquarian manuscripts in his many bookstores. Sometimes the bull wins and the bear slinks away in defeat. Other times that old grizzly bear feasts on fresh beef. McMurtry, known for his kindness, directs the cattleman sew up the torn flesh of the ugly brindle bull after the battle ends in a draw. The bull survives to father many calves, the grizzly bear retreats into history.

The symbolism exists far beyond copyright laws or plagiarism. The bull represents European infringement on the native fauna's habitat, as cattle were extinct on America until introduced by Spain. The battle reflects entertainment tastes of earlier centuries when bull and bear 'baiting' featured high on the list of licit vices.

The point remains that every writer read earlier scripts; each composer listened to music. Aside from monetary concerns, consider borrowing from previous work as an homage to all writers and composers, inevitably human.

 

[mpresic3]

I was watching Mamma Mia and I thought: Isn't this "Buona Sera Mrs Campbell? These are so similar, that it must be the copywright expired or something.

 

[BWV]

A good composer does not imitate; he steals - Igor Stravinsky

Korngold’s estate let this one pass, but no one steals better than John Williams