Re: Just Another Night lawsuit
Posted by:
dancingmisterd
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Date: July 2, 2010 22:45
April 27, 1988
U.S. Jury Says Jagger Did Not Steal Hit Song
By JON PARELES
Mick Jagger did not steal another musician's song, a Federal jury in White Plains ruled yesterday. The six-member jury found that ''Just Another Night,'' the single that led off the 1985 ''She's the Boss,'' Mr. Jagger's first solo album after two decades with the Rolling Stones, did not infringe the copyright on a song called ''Just Another Night'' by Patrick Alley, a Jamaican reggae singer who lives in the Bronx.
''My reputation is really cleared,'' Mr. Jagger told reporters afterward. ''If you're well known, people stand up and take shots at you. It's one of those things in a litigious society.''
The testimony included live and recorded music. In the course of the seven-day trial, presided over by Judge Gerard L. Goettel, a Juilliard faculty member played piano; a top Jamaican studio musician, Sly Dunbar, played drums, and Mr. Jagger sang snatches of ''Jumpin' Jack Flash,'' ''Brown Suger'' and ''Miss You'' from the witness stand. More Music in the Courtroom
Tapes of Mr. Alley's song, a reggae ballad in a major key, and Mr. Jagger's song, an up-tempo rocker in a minor key, were played. Mr. Jagger also played work tapes to show the genesis of his ''Just Another Night,'' and lawyers for both sides sang a few lines. At recesses and lunch breaks during the trial, Mr. Jagger signed autographs; on Monday night, when the jury deliberated for three and a half hours before being sent home for the night by Judge Goettel, a crowd of fans broke a courthouse door in hopes of reaching the singer.
Mr. Alley and his lawyers had contended that Mr. Jagger had either heard the song, recorded in 1979 and released on Mr. Alley's own label in 1983, or that Mr. Dunbar had brought it to his attention during recording sessions for ''She's the Boss.'' Mr. Dunbar testified that he had worked on thousands of songs, and could not recall if Mr. Alley's ''Just Another Night'' was one on which he had played.
The case revolved around whether the songs' choruses were similar: Mr. Alley's is ''Can I spend another, just another night, just another night with you,'' and Mr. Jagger's is ''Give me just another night, just another night with you/Give me just another kiss, just before the dawn breaks through.'' #2 Sides, 2 Versions Both sides exhibited transcriptions of the songs and brought expert witnesses to explain them. On Mr. Alley's side, Andrew William Thomas, a musician who teaches pre-collegiate courses on Saturdays at Juilliard testified that the songs were identical, exhibiting his own much-debated transcription of the Jagger song; in his closing summation Peter Parcher, one of Mr. Jagger's lawyers, characterized Mr. Thomas and his transcription as ''as phony as a $19 bill.''
On Mr. Jagger's side, which exhibited the commercially printed sheet music of the Jagger song, Michael White, the chairman of the literature and materials division at Juilliard, testified that the melodies had only their closing, tonic note in common when transposed into the same key. There was extended testimony over the songs' differences in tempo, rhythm and structure, and over what proportion of each song would constitute ''substantial similarity.'' Thomas Farley, one of Mr. Alley's lawyers, said in his summation that Mr. Jagger had used ''the spark, the guts'' of Mr. Alley's song.
In his charge to the jury, Judge Goettel said that to prove infringement, Mr. Alley had to demonstrate that Mr. Jagger had had access to the song and that the two songs were substantially similar. In addition, he said, to hold Mr. Jagger liable the jury would have to decide that he had not created his song independently.
''The use of the phrase 'Just another night with you' is not enough, standing alone, to constitute infringement,'' he said. He also instructed the jury that ''accidental similarity is not actionable plagiarism.''