Music's Latest "plagiarism" Case
S E E D E D C O N T E N T
If you’ve heard Olivia Dean ‘s “I’ve Seen It” and thought of “Just the Two of Us,” the company behind Bill Withers ‘ songs agrees with you.
Mattie Music Group, the publisher behind the late singer’s catalog, filed a copyright lawsuit in federal court in Los Angeles, according to a report Thursday . It claims Dean’s song copies a “distinctively protectable melody” from the 1981 classic.
The suit calls the similarities “obvious and inescapable.” A musicologist who reviewed both songs found “substantial similarities,” according to the complaint.
Dean Isn’t the One Being Sued
The suit names Capitol Records, Universal Music Group and Dean’s publishing companies. It doesn’t seek damages from Dean or from her co-writers on the song, Bastian Langebaek and Max Wolfgang .
The publisher says it warned them about the song on Aug. 17. They kept distributing and licensing it anyway, without changing its credits, the suit claims. It asks for damages to be decided at trial.
Representatives for Universal and for Dean didn’t immediately respond to requests for comment, per the report.
The Song at the Center of It
“I’ve Seen It” is on The Art of Loving , Dean’s second album, which came out last year. The album’s hit singles include “Man I Need” and “So Easy (To Fall in Love).”
“Just the Two of Us” was a collaboration between Withers and saxophonist Grover Washington Jr. It won the Grammy for Best R&B Song in 1982 and was nominated for Record of the Year and Song of the Year, the Recording Academy notes .
Withers died in 2020 at 81.
Dean won Best New Artist at the Grammys in February. Withers was up for the same award in 1972.
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I've listened to Olivia Deans song a couple times. There are parts of it that sound melodically almost exactly like Just The Two Of Us imo.
After proof of ownership of the original copyright, the elements of a cause of action for copyright infringement are:
1. Access - the alleged infringer had reasonable opportunity to hear the original work, and
2. Substantial Similarity - the two works are substantially similar.
The entire work does not have to be copied for an infringement to occur.
Did you listen to the two? What did you think ?
I listened to them both one time through just a minute ago. I think there is something there.
I know the Bill Withers song very well. I have never heard the other one until now.
I never heard it before either but I do know Olivia Dean is a big star these days. I think songwriters subconsciously do this sort of thing but this one is fairly obvious in my opinion.
I think they are going to end up paying. It doesn't have to be a conscious infringement. I definitely think there is "substantial similarity".
surprised there wasn't a bunch of copyright suits from the drug fueled jam sessions held in laurel canyon in the 60's/70's ...
if memory serves, it seems like the randy california/spirit vs jimmy page/led zeppelin infringement suit went on for decades ...
I read one of the eagles is notorious about suing for infringement of any kind ...
It's the same melody, if she had stretched it out or sped it up she probably could have gotten away with it but it's dead on. At least the background music is different. Every time I hear "God rest ye merry gentlemen" I start singing the "Gilligan's island theme song" because they're even more exact.