Pop Music Ethics History: “My Sweet Lord” And “He’s So Fine” [UPDATED]

The ABA Journal finally provided a brief, clear, fascinating account of exactly how it was that George Harrison was found to have  “unintentionally” plagiarized  the Chiffons’ “He’s So Fine” when he wrote his biggest hit single as a solo artist, “My Sweet Lord.”

It also clarifies what I always suspected: when courts have to decide the question of when a song is too much “like” another, anything can happen.

George Harrison’s first solo album “All Things Must Pass” was released  in 1970, the same year the Beatles officially broke up, with “My Sweet Lord” the triple album’ s signature hit. I remember the first time I heard the song, and thinking, “Wow, that reminds me a lot of ‘He’s So Fine’!”  Others thought so as well, including  Bright Tunes Music Corp., which held the copyright on the Chiffons’ 1963 classic. It sued Harrison’s publishing company, Harrisongs Music Ltd., for copyright infringement.

As  litigation proceeded, Harrison admitted in court filings  that he was familiar with “He’s So Fine”—how could he not be?—but denied that he had used it to create “My Sweet Lord.”  At trial, Harrison  brought his guitar to  the witness stand to demonstrate how  he had composed “My Sweet Lord.” This, onlookers agreed,  was sufficiently convincing to persuade the judge that George was not guilty of intentional infringement. Continue reading

The Beatles And Plagiarism

Chuck BerryI knew that Brian Wilson had ripped off Chuck Berry’s “Sweet Little Sixteen” to write “Surfin’ USA,” resulting in Berry owning the copyright to the Beach Boys hit. I knew that George Harrison had stolen the Chiffons’ “He’s So Fine” for his first solo hit “My Sweet Lord,” ultimately resulting in Harrison being found guilty of “subconscious plagiarism” (suuuuuure) and paying $1,599,987 of the earnings from “My Sweet Lord” to Bright Tunes, since songwriter Ronnie Mack had died in 1963, shortly after “He’s So Fine” was released. ( George did not cover himself in glory, telling an interviewer, “As far as I’m concerned, the effect the song has had far exceeds any bitching between copyright people and their greed and jealousy.” You stole the song, George.)

I did not know until this morning, when I had a chance to listen closely to Berry’s “You Can’t Catch Me” on my car radio, that The Beatles had plagiarized it for the opening cut on “Abbey Road,” “Come Together (Over Me.)”

First it was the lyrics that got my attention. I heard Chuck sing..

“I was rollin’ slowly ’cause of drizzlin’ showers
Here come a flat-top, he was movin’ up with me..”

Sounds familiar…where have I heard that before? Oh yeah!

“Here come old flattop, he come grooving up slowly…”

Then there was the melody, which was essentially identical, just differently arranged. Compare:

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