Future Wins Lawsuit, Popular Songwriting Techniques Are Not Copyrightable
Last week, a district court judge in Illinois cited the likes of Wu-Tang Clan’s “C.R.E.A.M” and Biggie Small’s “Machine Gun Funk” as she dismissed an ongoing copyright lawsuit against Atlanta rapper Future. This lawsuit stems from 2018 when DaQuan Robinson sued Future over his song, “What I Think About It” which Robinson claimed infringed on a song of his titled, “When U Think About It”. Robinson said he had emailed to one of Future’s producers, well before the initial release, and stated that Future and his camp stole numerous creative distinguishers. The songs feature similar lyric structures and keys, as well “core lyrics” or key phrases, that are repeated throughout both songs, while also noting similar themes of “money, guns, and jewelry.”
Via Reuters, Judge Martha Pacold said even if Future did copy Robinson’s song, the material that this case centers around is not covered by copyright protections in the first place. "First and most critically, the phrase 'when you think about it' or 'when I think about it' is not entitled to copyright protection. It is a fragmentary expression that is commonplace in everyday speech and ubiquitous in popular music.” Pacold also commented that these themes of guns, money, and jewelry are commonplace in rap music, as well as the concept of a “core lyrics,” citing Crosby, Stills, Nash & Young’s (CSNY) classic “Our House,” and how those techniques are not unique to the plaintiff, nor the defendant, nor CSNY.
Copyright battles always get caught up in, “Did this person steal my intellectual property,” or “Is this a direct rip-off of my work?” Something that doesn’t even get considered is, “Is this actually copyrightable,” which is always the first question that should be asked. How much does someone have to extend their artistry to create something that is completely unique that no one has ever seen/heard before?
To be honest, I don’t think it can happen anymore.
Sourceshttps://www.digitalmusicnews.com/2023/08/28/future-wins-copyright-infringement-lawsuit/
