Does This Song Sound Familiar? 🎸

When it comes to infringement issues I tend to side with the writer who thinks another song sounds like hers, but… I AM interested in other opinions especially because more than half of my community feels that all the recent pesky lawsuits infringe on our creativity.

That said…a few months ago a friend sent me a link to a song that had ‘a bit’ in it that sounded like my (and Meredith Brooks’) song “Bitch.” It’s called “Lucky,” by Choker. You can hear the part I’m talking about if you go here and FF to 1:28. 

I dig his vibe. Choker has been described as a most underrated rising artist. Cool. Following.

Anyway, I thought…’yeah, I hear it. It’s not a sophisticated string of notes but perhaps it is a recognizable melodic shape from a pretty iconic song.’ Let me just say I don’t think borrowing from another song means you’re a bad person. We’re all influenced by everything that came before us. Robin Thick. Ed Sheeran. Katy Perry. Even George Harrison!

Now, you may think the bit in “Lucky” is too insignificant to pursue. But…bear with me.

I sent the song to Meredith and she agreed — she heard the similarity. I sent it to some fair-minded friends who have nothing to gain from saying they heard it too and….they heard it too.

So I brought it to the attention of my publisher who consulted Lastrada, an unbiased arbitration service that can put two compositions through an algorithmic process and determine if a copyright share is warranted. And if so, how much it should be. Their recommendation was that “Bitch” should receive between 15-20% of “Lucky.” A little high for me but the point is an unbiased arbitrator heard it too. 


So…my lawyer sent a friendly email to Choker’s publisher. They “didn’t hear it” and suggested I hire a musicologist. That’s code for…go spend the money and prove it. 

‘…besides,’ they continued…’there’s pre-existing material that has the same melodic shape as the bit in question.’ (In infringement speak that’s called ”prior art.” I’m actually thankful for prior art because years ago I received an infringement letter and the claim was ultimately dismissed because of it.)

Ok. Maybe there is some prior art out there for the bit. But then why did songwriter Justin Tranter and Bebe Rexha come to ME when they realized “I’m A Mess” was akin to “Bitch?” We sorted it out before the release. It was fair and painless. Subsequently, Justin and Bebe successfully pursued Tate McRae’s hooky ditty “Stupid,” (FF to :42) for the SAME STRING OF NOTES! And because “Stupid” settled with “Mess,” and “Mess” had settled with “Bitch,” “Bitch” wound up sharing in “Stupid.”😳😳😳In my opinion “Lucky” bares more resemblance to “Bitch” than “Mess.”

But, there’s more: Choker’s lawyer said his artist had never heard “Bitch.” Seriously? Does he live on Mars? It’s one thing if he doesn’t agree with my claim but he doesn’t have to insult me. 

I wasn’t that insulted. I just thought it was funny. But I guess it could be embarrassing for a guy to admit he borrowed from a female empowerment anthem. (I too, was embarrassed when I realized I had ripped off “Big Bottom” from Spinal Tap, but I don’t mind telling you about it cuz it’s hilarious.) Anyway, his lawyer prolly told him to say that. This is business! 

So…did I want to go down the rabbit hole? There’d be attorney’s fees and costly musicologist consultations. 

Let’s do the digital math. At the time “Lucky” had 7 million streams. That translates to about $35,000 in streaming income; $33K of which would go to the master owner (or label) and about $1400 to the publishers and songwriters. (You read that right!) So…half of that (the songwriters’ share) would make it to Mer and I but if we only claimed 20%, we’d be looking at $140. Split between us = $70. Need I say more? It doesn’t seem worth the trouble, does it? 

(Sidebar: Pre-digital, a song that was on an album which sold 7 million copies would earn a songwriter $63,000 in mechanical royalties alone. But that’s another blog.) 

And then there’s this: If Choker is a rising star, and “Lucky” gets licensed for a film we could all benefit from a nutritious usage. Sync economics are a totally different equation.

So what did I decide to do? 

Well, we were in the beginning of the pandemic when “Lucky” was brought to my attention. Aside from the economic impracticalities of bringing the suit to fruition (and I do believe I’d win), I had to ask myself if I wanted to entertain allowing un-needed stress into my stay-at-home zen. And I really didn’t. So I let it go.

Maybe it has something to do with my covid-induced daily yoga regimen filling me with inner peace and gratitude during these UNCERTAIN TIMES. Let the rising star rise and my zen flourish. Hopefully some day someone will borrow from Choker and he’ll give them a pass. I think it’s called Karma.

Choker might wonder what happened to me — why I went away so fast. Now he knows. (He also knows he knows my song 😡.) Oh and also — this blog will prolly get him a bunch more streams. And followers. So what do you think about that, Choker?   

You’re welcome.

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Check out my new version of Bitch….”Bitch 2.0”

My full album is dropping next week. Pre-Save it HERE!!!

Thanks for reading, my friends. For more fun stories about how my songs came to be get a copy of “Confessions of a Serial Songwriter.” If you'd like to receive my blog via email, please click here. Follow me on Twitter and Insta. Visit my Serial Songwriter Facebook Page. Stay Safe! ☮️

Oh, and one more thing!

Here’s a link for the show!