The Script sue James Arthur over song similarities
The Script have initiated copyright infringement action against former The X Factor UK winner James Arthur.
They contend that his 2016 song ‘Say You Won’t Let Go’ is too similar to their ‘The Man Who Can’t Be Moved’, which was released in 2008.
They say that Arthur approached The Script in 2014 – they both share the same management – and proposed a writing collaboration.
When they turned him down, they allege he merely ripped off their song.
Arthur denies any similarity between the two songs.
He responded: “It’s 2017, there’s only seven notes in music. Every blues song sounds the fucking same.
“People get wound up about these things for no reason.”
The Irish band are using Nashville-based attorney Richard Busch, who represented Marvin Gaye’s family in the ‘Blurred Lines’ court case and, as reported in TMN yesterday, Pussycat Dolls’ defamation proceedings against the Daily Mail.
Busch claims that Arthur made £14.8 million ($26.1 million) from a 2 million worldwide-selling song that was ripped off from a song written by The Script’s Danny O’Donoghue and Mark Sheehan with songwriters Andrew Frampton and Stephen Kipner.
The suit names Arthur and his song’s writers Neil Ormandy and Steve Solomon along with Sony/ATV Publishing, Sony Music, Columbia Records, Ultra International Music Publishing, Third Verse Music Publishing and Kobalt Music Publishing.
Fans on social media had already contended that the two songs shared a 4/4 meter, four-bar guitar introduction, same tempo and similar vocal melody.
In 2016, The Script hired a musicologist to compile a report on the two songs.
‘Say You Won’t Let Go’, which was written in three hours during a session in Los Angeles, was a comeback single for Arthur after a lull in his career.
After his The X Factor win, his debut single ‘Impossible’ debuted at #1in the UK and sold 2.5 million worldwide.
The follow up, ‘You’re Nobody ’til Somebody Loves You’ reached #2, the same position reached by his debut album.
His career took a nosedive after an incident involving UK rapper Micky Worthless who on the track ‘Stay In Your Lane’ dissed the singer for claiming to be a battle rapper.
Arthur lashed back with ‘Hey Mickey’ which included lines as directed at Worthless, “Hilarious, precarious you Talibani confused, imbellic mimic of a gimmick” and added the slur “You fucking queer“.
It created anger in the LGBTIQ+ community, musicians and comedians attacked him, his record company Sycho dropped him (but later re-signed him), a Facebook campaign prevented him from appearing on The X Factor, and his management took over his Twitter account.
In his court documents, Richard Busch takes the approach that Arthur stole from The Script because he needed to make a comeback.
It certainly did the trick, breaking him in the US, and hitting #1 through Europe, the UK and New Zealand.
It generated 845 million streams on Spotify and 650 million plays on YouTube.
It also reached #1 in Australia, certified 8x platinum for sales of 560,000.
In Australia, The Script song peaked at #44 but steady sales over 18 months saw it certified gold for sales of 35,000.
In America, it was used intensively in the promo of the fourth season for The Ghost Whisperer.
Busch is asking the court for a jury trial and demanding damages, as well as accounting of all streaming, distribution, publishing and touring revenue connected to the song.