Monday, February 20, 2012

Madonna Accused of Infringing Brazilian Song Writer's Copyright

News out of Brazil in the last few days reports that Joao Brasil, a Brazilian songwriter, is accusing Madonna of copyright infringment.  Brasil claims that the chorus of  Madonna's new hit single "Give Me All Your Luvin'" copies from his "Love Banana" song.

To prove copyright infringement, Brasil does not have to show that the two songs are identical.  But he will have to show that the infringing portion of Madonna's song is "substantially similar" to his, not just confusing or that her song is reminiscent of his. In some courts, the test is whether the similarity between the two songs is so striking or substantial that the similarity could only have been caused by copying, and not, for example, through coincidence or independent creation

While Madonna has had some similar problems in the past, frankly I do not see this claim being successful.  If anything, Brasil's song reminds me more of Gwen Stefani's "Hollaback Girl" than Madonna's song. But you be the judge:

Love Banana
Give Me All Your Luvin'
Hollaback Girl

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