REM Copyright Suit Against Danish Band May Backfire, Since The Dane's Song Came First

from the oooooops dept

Last year, the lawsuit between Joe Satriani and Coldplay got lots of attention, as Satriani accused Coldplay of ripping off one of his songs. Of course, Satriani's claims were greatly weakened when people turned up other songs from well before Satriani's that sounded quite similar as well.

It looks like REM and Warner Music may be in a similar situation. Michael Scott points us to the news that Warner and REM are suing the Danish pop band Hej Matematik, claiming that the band's song Walkmand copies REM's 2008 song Supernatural Superserious. There's just one (somewhat major) problem. Walkmand is a cover song. The original was by another Dane, Michael Hardinger, and was called Walk, Mand!!, and was recorded in 1981... seventeen years before REM's release. In fact, Hej Matematik got permission from Michael Hardinger before doing their version. I'm guessing REM did not. Feel free to compare all three songs below:




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Filed Under: copyright, cover songs, hej matemik, michael hardinger, rem, songs
Companies: warner music group


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  • icon
    ChurchHatesTucker (profile), 6 Mar 2009 @ 10:45am

    But, but...

    Are you saying that REM doesn't form ideas from nothing, like Zeus birthing Athena?! Next you'll be saying that remixers are not damn dirty thieves!

    link to this | view in chronology ]

  • identicon
    Man from Atlanta, 6 Mar 2009 @ 11:05am

    Doh!

    Something fittingly ironic at play here. I hope this ends with an apology from R.E.M. and their mgmt. Second best result would be an apology and some coin for Michael Hardinger--or whoever inspired HIS song!

    link to this | view in chronology ]

  • identicon
    Hulser, 6 Mar 2009 @ 11:13am

    Hoisted

    Too funny. Can you say "countersuit"?

    link to this | view in chronology ]

  • identicon
    hegemon13, 6 Mar 2009 @ 11:19am

    Wow

    This ought to be the fastest backpedal in the history of lawsuits. The stronger REMs case was, the stronger it is now against them.

    link to this | view in chronology ]

  • icon
    Alias (profile), 6 Mar 2009 @ 11:25am

    I can't believe it!

    Those songs sound EXACTLY the same...oh wait, no they don't.

    link to this | view in chronology ]

    • identicon
      some old guy, 6 Mar 2009 @ 11:43am

      Re: I can't believe it!

      I'm no musician, but I didn't see anything even remotely similar between the three songs...

      The fact that REM was even suing should have backfired.

      link to this | view in chronology ]

      • icon
        Jeffry Houser (profile), 6 Mar 2009 @ 12:12pm

        Re: Re: I can't believe it!

        I am a musician; and I have trouble hearing similarities between the songs.

        If I knew the language, I'm sure that it would be easier to compare the original the remake.

        But, I doubt anyone will be confusing these songs anytime soon.

        link to this | view in chronology ]

        • identicon
          Anonymous Coward, 6 Mar 2009 @ 2:34pm

          Re: Re: Re: I can't believe it!

          There is a distinct similarity in the chord progressions between all three songs. Some people have difficulty noticing it because of the different instruments being used in each song, but it is most certainly there. Still, there isn't enough similarity outside of that to even support a lawsuit unless the translations for the lyrics match up.

          link to this | view in chronology ]

      • identicon
        Man from Atlanta, 8 Mar 2009 @ 9:54pm

        Re: Re: I can't believe it!

        Well, this could be strategic. Y'know, I hadn't bothered to seek out any new REM, and along comes this suit so I watch the video . . . and I actually kinda liked it!

        link to this | view in chronology ]

  • identicon
    JGM, 6 Mar 2009 @ 11:52am

    Gotta agree, this is doubly embarrasing for REM, because not only do the songs sound nothing alike, but the poppy Danish one is a ton better than the crap the once-great REM is putting out recently.

    link to this | view in chronology ]

    • identicon
      Mischa, 6 Mar 2009 @ 5:47pm

      Re:

      "the poppy Danish one is a ton better than the crap the once-great REM is putting out recently"

      That must be why they are suing.

      link to this | view in chronology ]

  • icon
    Killer_Tofu (profile), 6 Mar 2009 @ 12:07pm

    Two Things

    1) REM is still around?

    2) A lot of these older bands that my parents played when I was a kid are all turning out to be copyright enforcement jerks. Making me lose all respect for what once sounded great during my growing years.

    link to this | view in chronology ]

  • identicon
    john, 6 Mar 2009 @ 12:14pm

    REM's song song sounds closer the 1981 song than the recent one.

    link to this | view in chronology ]

  • identicon
    Bilbo, 6 Mar 2009 @ 12:23pm

    Its all lame

    Al three have SOMETHING in common, they all sound like generic jangly guitar pop following a similar chord progression. I'm betting you could probably find a dozen or more other songs that sound a lot like this, which isn't remarkable since there's no riff or hook to be heard in any of them.

    link to this | view in chronology ]

  • identicon
    Weird Harold, 6 Mar 2009 @ 12:26pm

    Thats right REM! Dont let them get away with this!!! I sure hope REM wins....

    link to this | view in chronology ]

  • identicon
    Claes, 6 Mar 2009 @ 12:30pm

    I'm a musician too, and I cannot hear any more likeness than some similar chord progressions, but I have never heard of chord progressions being copyrightable. I cannot understand how they would get the idea to sue anyone over this.

    link to this | view in chronology ]

  • identicon
    ChimpBush McHitlerBurton, 6 Mar 2009 @ 12:40pm

    WTF??

    Ok....

    1) Not only do each of the three songs sound NOTHING alike, but...

    2) The true original sounds like a prototype for the early REM sound!

    I think Stipe and Co. are pissed that someone is building off the artist THEY built off!

    Frank Zappa once pointed out quite well, that there is no new chord arrangement under the sun, and there hasn't been for like, hundreds of years; they've ALL been done by someone before. So this suit, and any like it are PURE RUBBISH.

    Given that, this is laughable. Made even more so by the fact that NO ONE in their right mind would have even dreamed that these songs were even REMOTELY similar.

    What the fuck are you assholes smoking, Stipe? I don't want any... It's totally fucking up your sense of perception. (and not in a good way)

    REM = NEIL YOUNG

    Flabby Has-Beens with chips on their shoulders...

    link to this | view in chronology ]

  • identicon
    SpacePirate, 6 Mar 2009 @ 1:00pm

    Sue You!

    I'm sure given the extremely confused nature of anyone involved in the legalities of music and law you're take-down notice / copyright infringement suite will be on its way for this post...

    link to this | view in chronology ]

  • icon
    Philip (profile), 6 Mar 2009 @ 2:35pm

    Hum, I'm liking Hej Matematik.

    I don't know a spit of Danish (although, caught some of the German root); But, I totally digging Hej Matematik's version of the song. Is it available for download? I need to find it.

    As for the similarities? I actually had to listen for it. Straight out of the box, I didn't even notice. After listening (to the chorus), I noticed it.

    On Warner Bro's part? I just got one word to say: "Whoops!"

    link to this | view in chronology ]

    • icon
      Philip (profile), 6 Mar 2009 @ 3:07pm

      Re: Hum, I'm liking Hej Matematik.

      It's worth noting; I had to listen for the similarities before I ever herd it. No different than "white noise" here, just because I heard it, it doesn't mean there are similarities. It just means I heard it, after *trying to hear it.* No different (imho) than hearing "Satan is coming" listening to 90s rock backwards...

      link to this | view in chronology ]

  • identicon
    Vic, 6 Mar 2009 @ 4:14pm

    To all musicians leaving comments.

    Like Jeffrey Houser:
    "I am a musician; and I have trouble hearing similarities between the songs. "

    or Claes:
    "I'm a musician too, and I cannot hear any more likeness than..."

    See guys, here is your problem exactly - you are just musicians, not lawyers! Any lawyer will hear that those songs are exactly the same! From first two-three sounds they'll know it for sure! So, you actually cannot be experts here, sorry...

    link to this | view in chronology ]

  • identicon
    Anonymous Coward, 7 Mar 2009 @ 1:54am

    Good Grief REM! If I have to keep adding artists to my boycott list for filing BS lawsuits I wont have anything to listen to anymore.

    FUCKING MORONS, STOP SUEING AND GO BACK TO MAKING MUSIC, NOT ENEMIES!

    Fawkheads!

    link to this | view in chronology ]

  • identicon
    Techflaws.org, 8 Mar 2009 @ 5:11am

    Anyone else having quite a few blank lines between article and comments? I don't see any videos, not in FF nor Opera...

    link to this | view in chronology ]

  • identicon
    Michael Campbell, 8 Mar 2009 @ 8:08am

    Oh man

    JUST when you thought REM couldn't get any more whiny and bitchy.

    Honestly, I didn't realize they were even still around. Stipes' histrionics stopped being relevant around 1989 or so.

    link to this | view in chronology ]

  • identicon
    MaikUniversum, 31 Mar 2009 @ 5:24am

    R.E.M has lost my respect.

    link to this | view in chronology ]


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