Sam Smith will be sharing his songwriting royalties for Stay With Me with Tom Petty and Jeff Lynne.
Shortly after the British singer's single came out last April, sharp-eared listeners noticed a similarity between Stay With Me and Petty's 1989 hit I Won't Back Down, which he wrote with Lynne.
They weren't the only ones. A representative for Smith says he and two other Stay With Me writers, James Napier and William Phillips, "came to an immediate and amicable agreement" with Petty and Lynne and now list them as co-writers of the song.
The claim was settled in October, according to British newspaper The Sun, with Petty and Lynne splitting a 25% share of songwriting royalties of Smith's song, which is nominated for song of the year at the Feb. 8 Grammy Awards.
Smith's representative says, via a statement, that the singer wasn't familiar with I Won't Back Down when he wrote Stay With Me but acknowledged a coincidental likeness when he heard the Petty/Lynne song.
Michael Harrington, a professional musicologist who specializes in federal copyright matters, also heard the similarity when a friend played him Smith's record several months ago. "It got to the chorus, and I just started smiling," Harrington says. "I said, 'Oh, yeah, that's I Won't Back Down.' That's pretty close, just the slightest differences. Especially compared to what's in court these days, this one is really solid."
According to Harrington, the two songs have a sequence of almost identical phrases in Smith's chorus and Petty's verses that made a successful claim of copyright infringement likely.
"If you took just the first phrase of the Tom Petty and Sam Smith and compared them, I would say, 'So what? I can find that in all sorts of music from Cream, Robert Johnson, Debussy,' " says Harrington, who has presented the two songs when discussing infringement in classes at Harvard Law School, Berklee College of Music and SAE Nashville, where he is a faculty chairman. "The fact that it keeps going and going: there are several phrases, and the rhythms are the same or extremely close to being the same. At some point, the similarity goes on too long."
The full statement from Smith's representative reads as follows: "Recently the publishers for the song I Won't Back Down, written by Tom Petty and Jeff Lynne, contacted the publishers for Stay With Me, written by Sam Smith, James Napier and William Phillips, about similarities heard in the melodies of the choruses of the two compositions. Not previously familiar with the 1989 Petty/Lynne song, the writers of Stay With Me listened to I Won't Back Down and acknowledged the similarity. Although the likeness was a complete coincidence, all involved came to an immediate and amicable agreement in which Tom Petty and Jeff Lynne are now credited as co-writers of Stay With Me along with Sam Smith, James Napier and William Phillips."
Here are the two songs in question. Judge their similarities for yourself.
Post subject: Sam Smith to pay Tom Petty and Jeff Lynne royalties on 'Stay With Me'
Posted: Mon Jan 26, 2015 5:44 pm
Who are those guys?
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I think this is ridiculous. It's a progression. You're telling me Petty and Lynne can actually own that? If you think those guys or any other successful songwriters have never borrowed progressions or phrases from other songs, you're very mistaken.
On the other hand, Petty's song "The Trip To Pirate's Cove" from the Mojo album is practically a remake of Peter Green's "Slabo Day" with lyrics. Check it out:
Robin Thicke and Pharrell Williams recently also lost in the lawsuit with Marvin Gaye's family. This is a case where I definitely hear the similarity. "Blurred Lines" and "Got To Give It Up" definitely sound very similar to me.
I do not hear a similarity in the Tom Petty and Sam Smith case or as mentioned the George Harrison case.
Then there is an example of another case where I hear a definite similarity, but never heard about a lawsuit or complaint from Prince or his camp. "Sussidio" by Phil Collins and "1999" by Prince sound really similar.
Also, another one where I did not hear a similarity, is the case of "Save Room" by John Legend and "Stormy" by Dennis Yost and the Classic IV. I just found out, though, where the similarity is from. I never could figure it out before, but the similarity is from a sample of Gabor Szabo's version of "Stormy".
Post subject: Sam Smith to pay Tom Petty and Jeff Lynne royalties on 'Stay With Me'
Posted: Wed Mar 11, 2015 2:55 pm
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There's only so many chords and notes-it's all borrowed.
The opening of Strawbs' "Down By The Sea" sure as shit has been copied by The Outlaws on "Green Grass, High Tides" and Metallica on "Welcome Home (Sanitarium)".
Now, these are just things I noticed-doesn't mean anyone else hears it and I doubt Metallica said "Let's rip off that Strawbs song".
And, it's only the intro so I would only say they are coincidences but who knows?
The Rolling Stones avoided any lawsuits but just giving kd Lang and Ben Mink credit on "Anybody Seen My Baby" but I would never have thought it was similar to "Constant Craving" but whatever.
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Post subject: Sam Smith to pay Tom Petty and Jeff Lynne royalties on 'Stay With Me'
Posted: Wed Mar 11, 2015 3:48 pm
Boney Fingers Jones
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It's all a bad precedent. Music has always borrowed from here and there to create something new and in the case of Blurred Lines and Stay With Me, very successful hits. For Tom Petty or the family of Marvin Gaye who died 30 years ago to act like its a murder investigation is just ridiculous to me.
It's all about the money and not the art anymore. There are only so many chords and rythmns in music so being influenced by the past is inevitable. I always find it to be a cool thing to hear something familiar in a current song. I don't think this needs an FBI investigation.
Sad day for music,
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