Is music copyright infringement truly making a comeback, as suggested by a recent Forbes article? A lawsuit against Nickelback regarding their hit song “Rockstar” prompts us to reconsider this notion. According to a report from Bloomberg Law, musician Kirk Johnston is suing Nickelback, alleging that “Rockstar” excessively borrows from his song “Rock Star.” Both songs, unsurprisingly, revolve around the aspirational theme of becoming a rock star.
The lawsuit reportedly asserts that Nickelback’s “Rockstar” infringes upon “substantial portions of the tempo, song form, melodic structure, harmonic structures, and lyrical themes” of Johnston’s composition. While this legal jargon might sound like the findings of a forensic musicologist, the question remains: do these similarities truly constitute copyright infringement?
Let’s listen to Johnston’s “Rock Star”:
[Image of Kirk Johnston’s “Rock Star” song cover]
And here’s Nickelback’s widely popular “Rockstar”:
[Image of Nickelback performing “Rockstar” on stage]
To fairly assess the claims, we should analyze the specific points of contention raised in the lawsuit.
Deconstructing the Copyright Claims Against Nickelback’s “Rockstar”
The lawsuit first points to “substantial portions of the tempo.” However, tempo, or the speed of the music, is arguably the least significant element in copyright infringement claims. The tempo of a song can be altered drastically without changing its fundamental identity. Imagine singing “Happy Birthday” at a slow, somber pace versus a fast, celebratory one – it’s still the same song. Tempo alone is rarely, if ever, a strong basis for copyright infringement.
Next, the complaint mentions “substantial portions of the song form.” Song form refers to the structural blueprint of a song, like verse-chorus-verse or intro-verse-bridge-chorus. Similar to tempo, song form is a basic framework. Johnston’s “Rock Star” reportedly follows an 8-bar blues form, a structure so common it’s hardly considered unique. Unless a song employs an exceptionally novel or distinctive form, similarities in song structure are unlikely to hold weight in a copyright case.
The lawsuit also claims infringement on “substantial portions of the harmonic structures.” Harmonic structure refers to the chords and chord progressions used in a song. Johnston’s “Rock Star,” being rooted in 8-bar blues, likely utilizes a very standard three-chord progression common in rock and blues music. Nickelback’s “Rockstar,” while also based on a relatively simple progression, diverges significantly. It incorporates “borrowed chords,” a technique prevalent in rock music where chords from a parallel minor key are used in a major key context. In simpler terms, while Nickelback’s “Rockstar” is in G major, it frequently uses chords more typical of G minor. Therefore, harmonic structure similarities appear weak.
Regarding “melodic structures,” both songs are described as singable within a one-octave range, suggesting relatively simple and accessible melodies. However, melodic similarity becomes less compelling when considered alongside the harmonic differences. As Nickelback’s “Rockstar” uses borrowed chords, its melody naturally draws from the scale tones of the parallel minor key, creating a distinct melodic character compared to a standard blues progression melody. The “high-value notes,” or the most characteristic notes in each melody, are likely to differ significantly due to these harmonic variations.
Finally, the lawsuit cites “lyrical themes.” Indeed, both songs share the theme of aspiring to be a rock star and enjoying the associated lifestyle. The original article humorously points out that both might even mention tour buses. However, lyrical themes, like song titles, are generally not protected by copyright law. Many songs explore similar themes – love, heartbreak, ambition – without infringing on each other’s copyright. As the original article mentions, Kid Rock’s “Cowboy” explores similar thematic territory with arguably more success.
[Image of Kid Rock performing onstage with an American flag in the background]
Copyright Protects Expression, Not Ideas
Ultimately, the core principle of copyright law is crucial here: it protects the expression of an idea, not the idea itself. Wanting to be a rock star is an idea, a common aspiration. Writing a song about it is the expression of that idea. Copyright protects the specific musical and lyrical choices made in expressing that idea, not the underlying theme itself.
Based on the analysis of tempo, song form, harmonic structure, melodic structure, and lyrical themes, the copyright infringement claim against Nickelback’s “Rockstar” appears tenuous at best. While both songs touch upon the “rockstar” theme, the musical and lyrical expression in Nickelback’s “Rockstar” seems sufficiently distinct to avoid copyright infringement. This case highlights the complexities of music copyright law and reminds us that similarities in broad themes or basic musical elements do not automatically equate to infringement.
