RIDGE RUNNER CHRONICLES: The Legal Saga of “My Sweet Lord”
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If you are at least 50 years old, you probably remember the song, “My Sweet Lord,” written by former Beatle, George Harrison. That song became the number one record in the US for weeks and is still the most played song in the US that was written by a former Beatle. When Harrison recorded this song in 1970, he had help from some impressive musicians, including Eric Clapton, Ringo Starr, Peter Frampton, Billy Preston and members of the “Badfinger” band.
When you first heard “My Sweet Lord,” did the melody sound vaguely familiar? You may be surprised, as I was, to find out that the melody of “My Sweet Lord” is essentially the same melody that exists in “He’s So Fine,” a song sung and recorded by The Chiffons, a Black female group, in 1962. That similarity in melody (but not words) led to one of the most famous copyright infringement lawsuits in US history when Bright Tunes Music Corp., the owner of the copyright to “He’s So Fine,” sued Harrison for copyright infringement. This lawsuit, lasting 25 years, resulted in a ruling by Richard Owens, a federal judge, that Harrison had “subconsciously” plagiarized “He’s So Fine” and that he owed Bright Tunes over $1.5 million in damages. (For reasons not pertinent here, Harrison eventually had to pay only one-third of that amount. After the lawsuit was concluded, Harrison bought the rights to “He’s So Fine” just to snub those involved in the litigation.)
During the trial, Harrison admitted that when he finally listened to both songs together, his song did sound “substantially similar” to “He’s So Fine.” He testified that when he wrote “My Sweet Lord,” he never realized the similarity and denied he had intentionally copied the melody of the earlier song. Years later, however, Paul McCartney acknowledged that “we [the Beatles] stole a lot of stuff” from other musicians and that this “subconscious” plagiarizing happened all the time. (Although McCartney did not mention them specifically, it is pretty clear that many of the early rhythm and blues musicians, such as Muddy Waters, Chuck Berry, Little Richard and Bo Diddley, were victims of this “subconscious” plagiarizing by the Beatles and other rock and roll musicians.)
And finally, regarding the “message” in “My Sweet Lord,” Harrison said he was attempting to persuade listeners that we should all dispense with our own secular religious beliefs and focus on the fact that we all have just one God. That is why, in the lyrics to “My Sweet Lord,” there are references in the chorus to both “Hallelujah,” a Judeo-Christian phrase, and “Hare Krishna,” a Hindu phrase. Harrison received a lot of criticism for injecting his religious beliefs into this song but when it was all said and done, despite the criticism and the 25 year lawsuit, Harrison had no regrets, saying in part that if this song saved the lives of some heroin addicts, the hassle was worth it.
Note: Richard Owens, the presiding judge in this case, was uniquely qualified to hear a case about musical compositions. As a young man, he was trained in classical music and during his time as a judge, he had composed nine operas in his spare time (including one entitled “Dismissed With Prejudice”). You can find his interesting explanation for the “My Sweet Lord” decision at www.laphamsquartley.org under “He’s So Fine.”
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■ Bill Hoagland has practiced law in Alton for more than 50 years, but he has spent more than 70 years hunting, fishing and generally being in the great outdoors. His wife, Annie, shares his love of the outdoor life. Much of their spare time is spent on their farm in Calhoun County. Bill can be reached at [email protected].
