Some well-known examples of interpolation are Bon Jovi\u2019s \u201cYou Give Love a Bad Name\u201d which interpolated parts of the melody from Bonnie Tyler\u2019s \u201cIf You Were a Woman (And I Was a Man)\u201d[3]<\/a> and Coolio\u2019s \u201cGangsta\u2019s Paradise\u201d which interpolated parts of the melody and lyrics from Stevie Wonder\u2019s \u201cPastime Paradise\u201d.[4]<\/a><\/p>\n The best way to go about interpolating a song is to reach out to an artist or songwriter before using snippets of their song in order to get permission and negotiate royalties. This way, an artist can avoid potential lawsuits. Taylor Swift did this when she reached out to the band, Right Said Fred, before she released \u201cLook What You Made Me Do\u201d in 2017.[5]<\/a> Right Said Fred received an offer from Swift to interpolate their song \u201cI\u2019m Too Sexy.\u201d[6]<\/a> Because Swift reached out for permission before her song was released, both parties were able to negotiate and come to an agreement on the percentage that Right Said Fred would receive from Swift\u2019s song.[7]<\/a><\/p>\n When credit is retroactively given, however, legal problems may arise. After Sam Smith released their song \u201cStay With Me\u201d in 2014, rock singer Tom Petty\u2019s legal team contacted Smith\u2019s legal team due to the similarities between Smith\u2019s song and Petty\u2019s song, \u201cI Won\u2019t Back Down.\u201d[8]<\/a> Fortunately, the two parties were able to amicably negotiate the matter. Smith claimed that they had never heard Petty\u2019s song before, but nevertheless resolved the matter by crediting Petty and Jeff Lynne, the co-writer of \u201cI Won\u2019t Back Down,\u201d for interpolating their song.[9]<\/a><\/p>\n Unfortunately, many issues of potential copyright infringement are not as easily resolved. Robin Thicke, Pharrell Williams, and the estate of Marvin Gaye fought a nearly five-year lawsuit trying to determine whether Thicke and Williams\u2019 song, \u201cBlurred Lines,\u201d infringed the copyright of Gaye\u2019s song, \u201cGot to Give it Up.\u201d[10]<\/a> It was a war of artistic integrity; with Thicke and Williams contending that they did not need to copy someone else\u2019s work in order to create a hit song,[11]<\/a> and the Gaye family arguing that Marvin Gaye deserved credit for his hard work.[12]<\/a> Williams admitted that the \u201cfeel\u201d of the two songs were similar, but that a \u201cfeel\u201d was not entitled to copyright protection.[13]<\/a> The issue came to a close when the Ninth Circuit affirmed in part the district court\u2019s decision in favor of the Gaye family and awarded the family nearly $5 million.[14]<\/a><\/p>\n Interpolation is a great way to incorporate past hit songs into brand new masterpieces. Many popular artists of 2020 and 2021 have done just that. Ava Max\u2019s 2020 single, \u201cKings & Queens,\u201d which interpolated the chorus melody of \u201cIf You Were a Woman (And I Was a Man),\u201d reached number thirteen on the Billboard<\/em> Hot 100 chart.[15]<\/a> Doja Cat\u2019s 2021 single \u201cKiss Me More,\u201d which interpolated Olivia Newton-John\u2019s \u201cPhysical,\u201d peaked at number two on the same Billboard<\/em> chart.[16]<\/a><\/p>\n Ava Max and Doja Cat credited the writers of the interpolated songs prior to their songs\u2019 release, avoiding liability for potential copyright claims, but a recent album of Olivia Rodrigo came under fire from listeners who spotted similarities between some of Rodrigo\u2019s songs and other songs. Hayley Williams and Josh Farro, member and former member of the band Paramore, were listed as co-writers of Rodrigo\u2019s song, \u201cGood 4 U,\u201d after fans noticed heavy similarities between it and Paramore\u2019s \u201cMisery Business.\u201d[17]<\/a> Rodrigo\u2019s song, \u201cBrutal,\u201d was also criticized for plagiarizing Elvis Costello\u2019s \u201cPump It Up.\u201d[18]<\/a> However, Costello came to her defense, saying that \u201cIt\u2019s how rock and roll works. You take the broken pieces of another thrill and make a brand new toy.\u201d[19]<\/a> Unlike Thicke and Williams, Rodrigo came out legally unscathed. But, who is to say whether she will be so lucky a second time around?<\/p>\n <\/p>\n [1]<\/a> Max Foreman, How Music Copyright Works: Sampling, Covers, Mixtapes & Fair <\/em>Use, Pro Audio Files (Mar. 22, 2018), https:\/\/theproaudiofiles.com\/music-copyright.<\/p>\n [2]<\/a> Id.<\/em><\/p>\n [3]<\/a> WhoSampled, https:\/\/www.whosampled.com\/sample\/90037\/Bon-Jovi-You-Give-Love-a-Bad-Name-Bonnie-Tyler-If-You-Were-a-Woman-(And-I-Was-a-Man) (last visited Sept. 24, 2021).<\/p>\n [4]<\/a> WhoSampled, https:\/\/www.whosampled.com\/sample\/114\/Coolio-L.V.-Gangsta%27s-Paradise-Stevie-Wonder-Pastime-Paradise (last visited Sept. 24, 2021).<\/p>\n [5]<\/a> Kory Grow, Right Said Fred on Taylor Swift\u2019s \u2018Cynical\u2019 \u2018Look What You Made Me Do\u2019<\/em>, RollingStone (August 25, 2017, 6:24 PM), https:\/\/www.rollingstone.com\/music\/music-features\/right-said-fred-on-taylor-swifts-cynical-look-what-you-made-me-do-205808.<\/p>\n [6]<\/a> Id.<\/em><\/p>\n [7]<\/a> Id.<\/em><\/p>\n [8]<\/a> Katie Shonk, Copyright Negotiation: In Dealmaking with Tom Petty, Sam Smith Backs Down<\/em>, Program on Negotiation | Harvard Law School (Feb. 7, 2017), https:\/\/www.pon.harvard.edu\/daily\/dealmaking-daily\/in-dealmaking-with-tom-petty-sam-smith-backs-down.<\/p>\n [9]<\/a> Id.<\/em><\/p>\n [10]<\/a> Althea Legaspi, \u2018Blurred Lines\u2019 Copyright Suit Against Robin Thicke, Pharrell Ends in $5M Judgment<\/em>, RollingStone (Dec. 13, 2018, 12:47 AM), https:\/\/www.rollingstone.com\/music\/music-news\/robin-thicke-pharrell-williams-blurred-lines-copyright-suit-final-5-million-dollar-judgment-768508.<\/p>\n [11]<\/a> Eriq Gardner, Robin Thicke Sues to Protect \u2018Blurred Lines\u2019 from Marvin Gaye\u2019s Family (Exclusive)<\/em>, The Hollywood Reporter (Aug. 15, 2013, 6:13 PM), https:\/\/www.hollywoodreporter.com\/business\/business-news\/robin-thicke-sues-protect-blurred-607492.<\/p>\n [12]<\/a> Kory Grow, Robin Thicke, Pharrell Lose Multi-Million Dollar \u2018Blurred Lines\u2019 Lawsuit<\/em>, RollingStone (Mar. 10, 2015, 9:42 PM), https:\/\/www.rollingstone.com\/music\/music-news\/robin-thicke-pharrell-lose-multi-million-dollar-blurred-lines-lawsuit-35975.<\/p>\n [13]<\/a> Gardner, supra<\/em> note 11.<\/p>\n [14]<\/a> Williams v. Gaye, 895 F.3d 1106 (9th Cir. 2018).<\/p>\n [15]<\/a> Chart History: Ava Max<\/em>, Billboard, https:\/\/www.billboard.com\/music\/Ava-Max\/chart-history\/HSI (last visited Sept. 24, 2021).<\/p>\n [16]<\/a> Chart History: Doja Cat<\/em>, Billboard, https:\/\/www.billboard.com\/music\/Doja-Cat\/chart-history\/HSI (last visited Sept. 24, 2021).<\/p>\n [17]<\/a> Ethan Millman, \u2018No Shelf Life Now\u2019: The Big Business of Interpolating Old Songs for New Hits<\/em>, RollingStone (Sept. 7, 2021, 2:53 PM), https:\/\/www.rollingstone.com\/pro\/features\/olivia-rodrigo-doja-cat-interpolation-music-1220580.<\/p>\n
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