June 11, 2014

Lady Gaga's legal battle over hit song ‘Judas’ still ongoing

From The Daily Mail:

"Lady Gaga is hoping Usher can help her to win a plagiarism lawsuit filed against her. 

Vocalist Rebecca Francescatti is suing the singer and claiming Gaga's song Judas is a rip-off of her own 1999 tune Juda, filing a lawsuit in 2011 at federal court in a bid to win damages from the multi-millionaire star, but Gaga believes a similar lawsuit involving Usher could be the key to her winning this battle. 

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A source told RadarOnline that Gaga filed documents this week arguing, 'if the title lyrics of the two songs at issue are the same, and even if those lyrics are repeated in a chorus, they are not eligible for copyright protection if common phrases or words. 

'The only lyrical similarity that Francescatti alleges in this case is in the title character – the repeating of "Juda" in her song and "Judas" in Lady Gaga’s song (the expression of which in each work is entirely different, in all events).' 

The papers filed go on to mention Usher's case where Zacharia Edwards, Mitch Moses and Vince McClean alleged his song Caught Up was written by them.  

According to Gaga's filing: 'As in Edwards, which found the lyrics "caught up" to be unoriginal, the lyric "Judas," whether as a song title or lyric, is too common to be protectable.'

Gaga is asking that the lawsuit be dismissed based on the same ruling which led to the case against Usher being dropped. 

In 2011 Fancescatti claimed the similarities between the two songs are not a coincidence because her former bass player Brian Gaynor was employed by a music company that wrote 17 songs on Gaga's Born This Way album. 

Rebecca is seeking unspecified damages.

Her lawyer Chris Niro told TMZ: ‘Though the songs are different styles, the composition is the same and the chorus is the same melody.

"[Rebecca] is seeking recognition for what she created."


END OF ARTICLE



Court documents can be viewed HERE.



What do you think? Do you think "Judas" is a ripoff of "Juda"? Or do you think Francescatti has no case?