» Case Against “Remind Me” Moves Forward
A Christmas wish for Brad Paisley and Carrie Underwood has been denied by a judge. A lawsuit alleging they ‘stole’ their duet “Remind Me” from another songwriter will go forward after a ruling by a federal judge in Nashville yesterday (December 3). The defendants, including Brad, had asked for the case to be dismissed.
The lawsuit was filed in May by Amy Bowen against Sony Music and others for $10 million.
In the lawsuit she claims she wrote a song called “Remind Me” in 2007, and put copyright on it in 2008. The one sang by Brad and Carrie was written in 2010 or 2011 by Kelley Lovelace, Chris DuBois and Brad and was released as a song in May 2011.
The songs are very different, but both use the words “Remind me” and “Baby, remind me” several times.
Making things more complicated, Amy says she sang the song as part of a workshop in 2008, at which time Kelley Lovelace was an adviser and said the song would work as a duet. There’s also questions about employees at publishing companies for both parties pitching songs back and forth.
Taste Of Country points out that the key points in the judge’s ruling is that lyrics aren’t as important as how they’re performed:
“With the exception of the words ‘remind me’ and ‘baby, remind me,’ the lyrics of the songs are different. The parties appear to agree, as they must, that the words ‘Remind me’ and ‘Baby, remind me’ are, in and of themselves, not copyrightable. However, Bowen argues that the defendants appropriated not only the words ‘Remind me’ and ‘Baby, remind me,’ but the manner in which Bowen utilized those words in the song ‘Remind Me,’ as well as the associated melodies and distinctive vocal intonations.”
This doesn’t mean the song was stolen, just that the case can move forward from this point.
Source: Taste Of Country