A federal judge says Megan Thee Stallion didn't copy her chart-topping “Savage” from a previous song, barring that there's no evidence the superstar has ever heard the little-known instrumental track.
With a decision issued on Tuesday, June 18, the Court Katherine Polk Failla dismissed a lawsuit filed last year by producer James A. Greene, who claimed Meghan's mega-hit infringed on the copyright of his own song “It's About To Be On.”
Green claimed he had “no doubt” that “Savage” infringed his rights, but Judge Failla ruled that the two songs were clearly different.
“The plaintiff's work is an orchestral piece, with little variety in the sounds and instruments used throughout,” the judge wrote. “In contrast, 'Savage' is a pop song, with lyrics as well as a more upbeat tempo. Plaintiff's work is qualitatively different from 'Savage' and any similarities involve common elements of any non-copyrighted song.”
The judge also ruled that the case was flawed for a simpler reason: That it was unlikely Megan and her co-writers had “access” to his song to copy it — a key element in any copyright lawsuit. Green had claimed he gave the CDs in the early 2000s to someone who would later give them to “Savage” producer J. White Did It.
But Judge Failla said that wasn't enough: “Plaintiff cannot allege any chain of events that creates more than a 'bare possibility' that defendants had access to plaintiff's work.”
The judge also ruled that Green's song was not popular enough for Meghan to have heard it on her own: “At best, the plaintiff alleges that he made his own efforts to distribute the work throughout the music industry in A&R, management teams etc. ,” Judge Failla wrote. “However, such efforts alone fall short of widespread distribution.”
Greene sued Megan (Megan Pete), J. White (Anthony White) and Warner Music Group last year, claiming that “Savage” borrowed material from “It's About To Be On,” a three-minute track that says that was released in 1999. He claimed that the two songs shared the same drum pattern and piano note as well as similar siren sounds.
But in Thursday's ruling, Judge Failla said each of those elements was different in Meghan's song, including the siren sounds.
“In [Green’s song], the siren sound is an atonal chord that seems to be created using a synthesizer,” said the judge. “In contrast, in 'Savage', the supposed siren sound is not a siren at all, but rather a distorted vocal sample. Simply put, no reasonable listener would discern any similarity.”
Neither side immediately returned a request for comment Thursday (June 20).
from our partners at https://www.billboard.com/pro/megan-thee-stallion-savage-copyright-lawsuit-dismissed-judge/