Is Taylor Swift in trouble?
Swift released her 12th album, “The Life of a Showgirl,” on Oct. 3 to a mixed bag of reviews, the most criticism she’s received on an album in her nearly two-decade-long music career.
“I wasn’t very happy with her new album,” said Lily Nguyen, a long-time Swift stan. “It feels rushed, and the lyrics aren’t on par with what she usually writes.”
From the periodically juvenile lyrics to the disaster record rollout, the reactions on social media have been mixed.
However, one observation remains consistent: the title track, “The Life of a Showgirl,” featuring Sabrina Carpenter, strongly resembles “Cool” by the Jonas Brothers.
The question is, will the Jonas Brothers decide to sue Swift over the resemblance?
Songs can sound similar without involving the law if what they share isn’t protected by copyright, and not every single part of an artist’s song is.
The only parts that are protected are the original and creative parts; things like titles, genres, chord progressions and familiar rhythms aren’t protected under U.S. copyright law.
“Cool” by the Jonas Brothers sports a laid-back pop vibe, with common musical elements in its structure. These musical elements can be heard in dozens of pop songs. Since “The Life of a Showgirl” shares the same vibe, it’s a case of coincidence or influence.
Think of how many songs use the same chords and rhythms, even in the backtrack. If every element of every song were protected, music would not be what it is today. We’d all have extremely short playlists. Other songs are constantly influencing artists; that’s how music continues to evolve.
To successfully sue Swift for copyright infringement in the U.S., the Jonas Brothers would have to prove two main things: Swift’s team had access to their song and the song copies original protected elements. Unless the similarities go beyond what we see on the surface, proving that would be difficult.
We’ve seen this happen before. Swift’s dear friend Ed Sheeran recently won a lawsuit against the heirs of Ed Townsend, who co-wrote Marvin Gaye’s “Let’s Get It On.” They claimed Sheeran’s song “Thinking Out Loud” copied the chord progression and rhythm of Gaye’s classic hit.
The court ruled Sheeran victorious because it found that both were too ordinary to be protected by copyright. This is what happens in most copyright cases, and it would likely occur if the Jonas Brothers decided to take action.
Frankly, this minor, commonly found issue among musical artists isn’t something the Jonas Brothers would want to “Ruin the Friendship” over.
