The latest in a string of big wins for Canadian hard rock institution Nickelback finds a federal judge ruling against allegations that their 2006 smash "Rockstar" was ripped off.
Billboard reports that yesterday (March 16), US District Judge Robert Pitman ruled that there was little overlap between Nickelback's "Rockstar" and "Rock Star" from Texas band Snowblind Revival, writing in an order, "Stated simply, they do not sound alike."
The copyright infringement lawsuit, filed in 2021 by Snowblind Revival's Kirk Johnston, claimed that Nickelback lifted a "substantial amount of the music," including "the tempo, song form, melodic structure, harmonic structures and lyrical themes."
However, Johnston was unable to prove that Nickelback had "access" to his band's song in order to copy it. His claim that Snowblind Revival had once performed at the same venue as Nickelback led Pitman to rule, "Johnston has presented no probative evidence that defendants had a reasonable opportunity to hear plaintiff's work."
Concerning the lyrical themes, Pitman ruled that upon reviewing the lyrics of both songs, the accusation of plagiarism at times "borders on the absurd."
"This includes, for example, any suggestion that the two baseball analogies in Nickelback's work are evidence that the band copied Johnston's lyric 'might buy the Cowboys' professional football team' simply because both are 'references to sports,'" Pitman wrote.
The judge determined that the only real similarities between the songs were "outlandish stereotypes and images associated with being a huge, famous, rock star," ultimately finding, "As an 'ordinary listener,' the court concludes that a layman would not consider the songs or even their 'hooks' to be strikingly similar."
As previously reported, Nickelback will continue living out their "Rockstar" dreams on a North American tour this summer behind recent album Get Rollin'.
Earlier this week, Nickelback performed at the 2023 JUNO Awards, at which they were inducted into the Canadian Music Hall of Fame. The honour also coincided with the opening of a Nickelback exhibit at the National Music Centre in Calgary.
Billboard reports that yesterday (March 16), US District Judge Robert Pitman ruled that there was little overlap between Nickelback's "Rockstar" and "Rock Star" from Texas band Snowblind Revival, writing in an order, "Stated simply, they do not sound alike."
The copyright infringement lawsuit, filed in 2021 by Snowblind Revival's Kirk Johnston, claimed that Nickelback lifted a "substantial amount of the music," including "the tempo, song form, melodic structure, harmonic structures and lyrical themes."
However, Johnston was unable to prove that Nickelback had "access" to his band's song in order to copy it. His claim that Snowblind Revival had once performed at the same venue as Nickelback led Pitman to rule, "Johnston has presented no probative evidence that defendants had a reasonable opportunity to hear plaintiff's work."
Concerning the lyrical themes, Pitman ruled that upon reviewing the lyrics of both songs, the accusation of plagiarism at times "borders on the absurd."
"This includes, for example, any suggestion that the two baseball analogies in Nickelback's work are evidence that the band copied Johnston's lyric 'might buy the Cowboys' professional football team' simply because both are 'references to sports,'" Pitman wrote.
The judge determined that the only real similarities between the songs were "outlandish stereotypes and images associated with being a huge, famous, rock star," ultimately finding, "As an 'ordinary listener,' the court concludes that a layman would not consider the songs or even their 'hooks' to be strikingly similar."
As previously reported, Nickelback will continue living out their "Rockstar" dreams on a North American tour this summer behind recent album Get Rollin'.
Earlier this week, Nickelback performed at the 2023 JUNO Awards, at which they were inducted into the Canadian Music Hall of Fame. The honour also coincided with the opening of a Nickelback exhibit at the National Music Centre in Calgary.
