The Hives Sued for Copyright Infringement

Jason Shapiro, formerly of the glam-rock band Celebrity Skin, has filed a copyright infringement suit against Swedish rockers the Hives claiming that their song "Tick Tick Boom Boom" has infringed his song "Why You" which he recorded with his band the Roofies in 1997. Shapiro said the two tunes were analyzed by a musicologist who said "the part in question -the main riff and vocal melody- was very similar and its uniqueness led him to believe it wasn't just a coincidence.” You can check out the LA Times article on it here.

In order to prove Copyright Infringement, Shapiro must prove three things. 1) He is the owner of a valid Copyright, 2) there was actual infringement, and 3) the infringement was substantial. 1) Most likely Shapiro owns the copyright in the whole song but the most important thing here is whether the riff and piece of the vocal melody are unique enough to afford their own copyright protection. If the court says they are not because they are too minimal and not unique then there is no case. 2) If it is established that there is a valid copyright then they must prove there was actual copying and the court will look how similar the songs are and if the band had access to the original song. I think this will be the hardest thing for Shapiro to prove because the Hives being from Sweden probably have never heard Shapiro's local Los Angeles band therefore did not have access to their song. More facts will be need obviously to make this determination. 3) Lastly, if they can prove there was copying then it is up to a jury to decide how substantially similar the two songs are. More facts are need to know how this case will come out but I think there is a good chance that the Hives will prevail.

You can check out the Roofies song "Why You" here.

You can check the Hives music video for "Tick Tick Boom Boom" below: