The rules of this courtroom are simple. You will be presented with two songs, one by the plaintiff and one by the defendant. It is your task to decide if the defendant’s track is only coincidentally similar to the plaintiffs or, as members of the Bar Association put it, Dude, I thought you were a bro. Your heinous actions are a no-no to the Bro Code. You have been duly instructed.
Today’s docket: Madonna, plaintiff vs. Lady Gaga, defendant.
Madonna – “Express Yourself” from Like A Prayer (1989): Gaga, you copied me!
Lady Gaga – “Born This Way” from Born This Way (2011): Madonna, I copied you!
Legal interpretation: While it is plainly apparent that Lady Gaga has modeled her career largely after Madonna’s, and the similarities between “Express Yourself” and “Born This Way” seem far too close for comfort, the question is whether this was intentional hero-copying or an unintentional action verging on the borderline blatant duplication of the original song.
In this, Gaga might be so overly familiar with the song “Express Yourself” that she, herself, did not realize she was copying it.
The question before the jury: Accidental or intentional? Please examine the evidence…