Tom Petty Vs. The Red Hot Chili Peppers

It has been reported in recent weeks that Tom Petty, the classic rock leader of the band “The Heartbreakers” and a successful solo artist, may be filing papers to take the Red Hot Chili Peppers to court. The Chili Peppers, a well known rock band around for the better part of twenty years, have just released and new album and with it, a new single, “Dani California.” Unfortunately, the song sounds eeriily similar to Petty’s smash hit from 1993.

It would be one thing if the songs just “kind of” sounded the same. It has been said in the past by many artists that imitation is the sincerest form of flattery. But many are alleging that some of the lyrics “mirror each other” (wikipedia) as well. So, is it enough for a song to sound the same? Does this cut into the rights put forth by the first ammendment?

Because neither artist has officially commented on this issue, it is hard to say whether or not court papers are imminent. But any music enthusiast can tell that there is a similar chord progression. The question is whether or not this is enough to hold up a court case.

Played back to back on the radio about a week ago on New Jersey’s 95.9 FM, the similarities were obvious and any Tom Petty fans listening were probably bristling at the alleged “copy.” But on the other hand, any Chili Peppers fan could cite simiar songs from throughout rock history, such as “Lust for Life” by Iggy Pop and “Are You Gonna Be My Girl?” by Jet. And why didn’t Bruce Springsteen sue Jewel for copying “My Hometown” with her song “Standing Still”?

On one side of the spectrum you have those who feel that if Petty sues, it will be a dangerous mistake in judgement. Chord progressions are almost impossible to copyright by themselves and if every artist sued when a new song on the radio sounded “kind of” like theirs, the Beatles could sue half of the new bands out there today.

But others would disagree. If the lyrics mirror each other and the chord progression is almost identical, why should any artist hold back from protecting his creation from the prying ears of copycats? Tom Petty could have been sitting down to a nice dinner with the radio on when he heard the song or driving in his car, hearing the first chords and expecting to hear his own voice come booming out of the speakers. In that case, anyone could easily pick up a phone and call a lawyer to see if they had a case, and who would blame them?

There are only so many notes in universe, so many chords, so many words. But when is similarity too similar? When does flattery cross the line to stealing? It will be interesting to see, in the coming weeks, whether or not court papers are filed. This could be a big rumor, or it could be legitimate, but either way, it cannot be denied that the songs sound alike. And in that case, who will you be rooting for?