Coldplay and Joe Satriani settle lawsuit

"Case is dismissed," says Satriani's attorney

Joe Bosso, Tue 15 Sep 2009, 7:11 pm UTC

Satriani's case against Chris Martin and co is settled (© JEAN-CHRISTOPHE BOTT/epa/Corbis)

Joe Satriani's lawsuit against the band Coldplay, based on his claim that Chris Martin and co plagiarized his 2004 song If I Could Fly for their 2008 single Viva La Vida, has been dismissed from court.

Satriani brought a lawsuit against Coldplay last December, alleging that the band copied "substantial original portions" of his composition for their Grammy-winning song, and sought a jury trial to award him monetary compensation.

"I felt like a dagger went right through my heart. It hurt so much," Satriani told MusicRadar exclusively last year. "The second I heard it, I knew it was [my own] If I Could Fly.

"Almost immediately, from the minute their song came out, my e-mail box flooded with people going, 'Have you heard this song by Coldplay? They ripped you off man.' I mean, I couldn't tell you how many e-mails I received."

Out-of-court settlement reached?

According to News.justia.com, the case was dismissed yesterday (14 September) in California Central District Court "upon stipulation," suggesting that an out-of-court settlement may have been reached.

MusicRadar contacted Satriani's attorney, Howard E King, who said, "No comment. The case has been dismissed."

Judge Dean Pregerson decreed that both the parties bear their own trial costs as the case was closed.

In unrelated Joe Satriani news, the RIAA has just certified Chickenfoot's self-titled debut album as Gold, having shipped 500,000 copies.

print
e-mail

Share:: StumbleUpon; Digg; Reddit; Del.icio.us; Facebook

User comments (4)

stringsthings

20 weeks ago.

in unrelated news, Coldplay has just sued Chickenfoot because they thought of the band name first !!!

Mark as inappropriate
MadMatt

20 weeks ago.

They were on record as being aware of who Satriani is some years ago, and the assertion that the melody goes back to Cat Stevens in the 70s is... debatable. There's a vague similarity there but at a drastically different pace, whereas the Coldplay track is virtually identical in terms of rhythm as well as melody to If I Could Fly. In any case, it's an argument that can go back and forth forever, so perhaps it's best that it has been settled privately with no one conceding defeat or admitting wrongdoing.

Mark as inappropriate
BucketheadRules

20 weeks ago.

I thought it was obvious Coldplay copied Satch when I first heard If I Could Fly, but actually it is a pretty well-known melody which was used before 2004. And, to be frank I think it's unlikely that Coldplay are fans of Joe's, or deliberately set out to copy him to piss him off.

Mark as inappropriate
DFTEsq

20 weeks ago.

Stipulated dismissals can occur when the defendant pays for the plaintiff's agreement to dismiss or when the plaintiff agrees to abandon the claim in exchange for the defendant waiving the right to reimbursement of litigation costs. The former is more common. It is also common for a defendant to pay for a settlement and buy its peace even though he does not think the claim is valid. Usually, the written settlement agreement includes a provision declaring that neither party is making any admissions regarding the merit of the claims and defenses. In both situations the parties can agree to maintain confidentiality regarding the terms of the settlement, usually with financial penalties applying in the event one party breaches the confidentiality agreement.
In this case, in a report that both sides jointly filed informing the court of their plan for conducting discovery, they indicated they had scheduled a mediation for July 29, 2009. In early September they jointly filed a stipulation to dismiss, offering a proposed order for the court to sign, which included language requiring each side to bear its own costs and fees. The judge signed the order, and the case is over without any courtroom drama.
In light of the public interest in this case, it's hard to believe the parties agreed to maintain total silence, since both sides will be hounded for information on the settlement agreement. Maybe we'll be treated to some bland, jointly-issued statement expressing mutual admiration and wishes to move beyond the litigation.

Mark as inappropriate