Among other things, the court will consider whether pronouncing "fire" as "fi-ya" is protectable by a copyright.
Few music lovers would draw a parallel between Gwen Stefani's
music and that of a band like Korn -- but that's exactly what a
complaint filed Thursday in Colorado federal court seeks to do.
Richard Morrill is suing Stefani, her company Harajuku Lovers, Pharrell Williams
and Interscope Records, claiming "Spark the Fire" infringes on his
rights in a 1996 song called "Who's Got My Lightah." (He also created a
derivative of his own work in 2009 called "Who's Got My Lighter.")
Morrill
is a singer-songwriter who was formerly in the late '80s funk metal
band L.A.P.D. -- which is now known as Korn -- but in 1997 and 1998, he
was a hairstylist in Huntington Beach.
He says Stefani, then the twenty-something lead
singer for No Doubt, came into his salon. Morrill claims he played his
song for Stefani while he was coloring and styling her hair, she liked
it and he gave her a CD containing it.
Nearly two decades later,
Morrill is claiming that Stefani and Williams copied the chorus from his
song when writing "Spark the Fire."
He says he discovered the infringement when his friend saw Stefani and Williams perform the song on The Voice in 2014 and sent him a link to a video of the show.
Morrill
claims the lyrics to the chorus are substantially similar to his own.
His attorney Alan Blakley describes the similarity as follows.
First,
regarding Morrill's 1996 song: "The lyrics of the chorus of 'Who’s Got
My Lightah' were: 'Who’s got my lightah? Going to find ya. Who’s got my
lightah? I’m right behind ya. Who’s got my lightah? I’m going to find
ya. Give it back, give it back.'"
Second, regarding Morrill's 2009
derivative song: "The lyrics of the chorus of 'Who’s Got My Lighter'
were: 'Who’s got my lightah? Who got the fire? Who’s got my lightah?
Who’s got my little lightah?' Fire is pronounced 'fi-ya.'"
Third, regarding the song by Stefani and Williams: "The
lyrics to the chorus of 'Spark the Fire' are: 'Who got the lighter?
Let’s spark the fire. Who got the lighter? Let’s spark the fire.' This
is repeated once more. Fire is pronounced 'fi-ya.'"
The suit also
claims the rhythm, melody and background music in the chorus is "almost
identical" to Morrill's, and the songs are sung in the same key.
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