Tom Petty is Not Suing The Red Hot Chili Peppers
Published June 29, 2006
Tom Petty is not suing the Red Hot Chili Peppers. Can we all turn the page now?
The furor has reached Petty and this is what he told Rolling Stone magazine:
Everyone everywhere is stopping me. The truth is, I seriously doubt that there is any negative intent there. And a lot of rock & roll songs sound alike. Ask Chuck Berry. The Strokes took “American Girl” [for their song “Last Nite”], and I saw an interview with them where they actually admitted it. That made me laugh out loud. I was like, “OK, good for you.” It doesn’t bother me ... If someone took my song note for note and stole it maliciously, then maybe. But I don’t believe in lawsuits much. I think there are enough frivolous lawsuits in this country without people fighting over pop songs.
There has been enormous furor since a Delaware-based DJ, Dan Gaffney, more or less accused the Red Hot Chili Peppers of plagiarizing Petty. Gaffney cites not only what he sees as musical similarities between RHCP's "Dani California" and Petty's "Mary Jane's Last Dance", but also similar lyrical themes.
The furor has been amusing in a junior high sort of way. The Chili Pepper fans, at least those on this thread, really do not seem to have much of a sense of humor on the subject. The extent to which some of them have gone to in order to deny any shred of similarity is funny.
I have listened to both songs and I certainly hear the similarities – and yes, kids, I like both bands. I am not anti-Petty nor am I anti-RHCP. Believe it or not, that is possible. There are miles of difference between similar and stolen.
Petty is right. He probably would not win and he probably should not. Good for Petty for recognizing that. I am not a big believer in the concept of karma, but it does seem to me good karma to not sue over something like this. One of the main riffs in his new song bears a resemblance to "On the Road Again" and "Baby Did a Bad, Bad Thing". It is easy to get carried away with that sort of thing.
There is a fine line between being influenced by a song, Noel Gallagher called it being a product of your record collection, and ripping someone off. Led Zeppelin put their own name on a Willie Dixon song. That is a ripoff. Dixon sued and Zeppelin did the right thing, reportedly coming to a generous settlement. Brian Wilson took the riff to Chuck Berry's "Sweet Little Sixteen" and called it "Surfin' USA." And let us not forget Vanilla Ice. After that, the issue gets murkier.
What is the essence of a song? When has an artist gone too far and taken something they should not? What separates inspiration and thievery? I think Petty has one piece of the answer: intent. It is tough to listen to "Dani California" and not hear similarities to "Mary Jane." It is tougher to listen to it and think RHCP intentionally nicked anything. Whatever the similarities, and there are similarities, "Dani California" and "Mary Jane's Last Dance" are two different songs.
Tom Petty is not suing the Red Hot Chili Peppers. We now have time to ponder the truly important musical questions – like what will the Backstreet Boys do without Kevin (is that the old dude who just walked?) and what do you think of the new Paris Hilton single?
Josh Hathaway is Assistant Music Editor for BC Magazine. He is formerly an award-winning journalist and broadcaster and publishes the BC Network site Confessions of a Fanboy .
- Tom Petty is Not Suing The Red Hot Chili Peppers
- Published: June 29, 2006
- Type: News
- Section: Music
- Filed Under: Music: Recording, Music: News, Music: Classic Rock and Oldies, Music: Rock
- Writer: Josh Hathaway
- Josh Hathaway's BC Writer page
- Josh Hathaway's personal site
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Comments on this articleComments
I think Paris Hilton should get sued for just releasing such trite upon our ears. As for the Backstreet Boys, you could replace that old dude with a Chimp and get the same musical integrity note for note(No offense to Chimps everywhere)...*Smirk*
DANI CALIFORNIA,
IT'S NOT "MARY JANE" IT'S SO OBVIOUSLY SWEET HOME ALABAMA, (WHICH RHCP HAS DONE OFTEN) YOU PEOPLE DON'T KNOW SHIT ABOUT MUSIC.
LET ME OUT HERE.
HINT: IN ALABAMA SHE WAS SWINGING HAMMER THE PRICE YOU GOTTA PAY WHEN YOU PICK THE PANORAMA.
I thought for sure I would get all manner of comments like the article linked in this story that first mentioned the possibility of a lawsuit. I guess the Chili Pepper fans have breathed a big sigh of relief and gone back to... nevermind.
no comments because you didn't go out of your way to slag off either of the two bands.
now, it you'd said something like "...because, really, who gives a crap about the rhcp? when have they ever written a decent song?"
...then you'd be onta somethin'!
Saleski, you mean I wrote an article without putting someone down? No (*phew*) there was a Paris Hilton blast at the end. You scared me for a moment.
I would like to say i don't think the Chilis ever had a worry about this pathaetic law suit. They DO NOT have to justify themselves, and finally Tom Petty realised that what he was doing was unjust and it wasn't really about the song it was about him and Rick Rubin.
Also how many different songs do music lovers listen to and hear a part of the song or lyrics that they can relate to another. This happens frequently, it doesn't mean they have plagiarised anything, it's just similar things that stimulate your mind. Why on earth would the RHCP do this anyway, they don't need to or want to, from day one they have been about there own type of music and not allowing anyone (including record companies) stipulate where there music would go creatively!!!
First of all, I have to say that yes I am a Chilis fan - I'm in a pop-funk band so they are important to me. I definately see the similarity to Petty's song, but it isn't even the same chord progression. I mean D and Dm are different chords!! Rhythmically it get's pretty similar and the vocals are delivered in a similar rhythm, but that's just cuz the beat invokes it. The Sweet Home Alabama thing is a good point - if u actually saw Frusciante talk about it before it was released he said after the mix he felt that similarity.
The main point though is how many chords and riffs can we get? How many off these will be used and used again by people over the next hundred years. For a really completely original song you gotta use different time signatures, sing in a different voice and find a whole new set of notes that can be fitted together. Originality is hard. James Brown gave birth to funk by emphasis on the first beat in every barr. Bossa Nova and Salsa already had done that (though they also had one out of time rhthym to create a swing).
So basically, Dani California is good (maybe not best song on album) and Mary Jane's Last Dance is good too - I bought the album today to see what the fuss was about.
now check my band out if you wanna hear some cool pop-funk with brass! yes brass :-)
Lots of love,
Callum x
You Guyz are all full of it! I absolutly love the RHCP! I just dont see why everybody is making a fuss about something that does not matter. But if this is what you do for a living.. what ever....
I'm a Chili Peppers fan but when I heard both of the songs back to back I knew something was going on. The Red Hot Chili Peppers first single was stolen from a band called Defunkt. They did it as a joke. In the music business any press is good press. I wouldnt be surprised if this was all some pubicity stunt made by Tom Petty's people and/or the RHCP's people to get more sales for both parties.
It doesnt matter RHCP will just write more shite about california again and again, to the same riffs that they barely chnage.
I love Dani California and Mary Jane's last dance. I think we all need to realize that musicians are influenced by each other all of the time, and the two songs may be similar, but they are not the same.
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Actually I'm quite distraught that Mr. Richardson is leaving Backstreet. Who will smack Carter upside his head when he misbehaves? Come to speak of it, maybe that's his problem!