Tim Worstall

Avril Lavigne and The Rubinoos

Oh Dear: it looks like Avril Lavigne has been caught lifting a song, near lock, stock and barrel, from a band called The Rubinoos.

You can compare Avril Lavigne’s "Girlfriend" with The Rubinoos’ "I Wanna Be Your Boyfriend" here, at the band’s page.

A lawsuit filed in California by an obscure 70s pop band alleges the
22-year-old Canadian stole one of their songs and reworked it into her
bestselling single Girlfriend.

"The lyric, the metre, the rhythm, they’re identical," said Tommy
Dunbar, guitarist and lead songwriter of the Rubinoos, whose most
famous accomplishment was providing the music for the film Revenge of
the Nerds. "We are not so naive as to chalk it up to some sort of
cosmic coincidence."

Dunbar
is so certain that Lavigne’s recording is a rip-off of the Rubinoos’
1979 single I Wanna Be Your Boyfriend that he has posted links to
performances of both songs on his band’s website, inviting fans to make
up their own minds.

The chorus of his song contains the words:
"Hey, hey, you, you I wanna be your boyfriend," while Lavigne sings:
"Hey, hey, you, you, I want to be your girlfriend" in a remarkably
similar style. Girlfriend reached the top of the American singles chart
and No 2 in the UK.

Now what is defined as plagiarism is a reasonably well known part of the Common Law, just a part of it that I have no idea about. They do sound remarkably similar but that’s not enough or so I’m led to believe. Anyone who does know this area, please let us all know in the comments. Pooter perhaps?

Lavign’s manager has said they’ll settle: but whether that’s because it’s often simply cheaper to do so or because they wouldn’t win the case anyway is really up to you to decide.

In

15 responses

  1. PooterGeek Avatar
    PooterGeek

    If you want to use a famous pop single as the soundtrack for your TV advert but you can’t afford to license it then you can get a pro pasticheur in to do something that sounds suspiciously like it—similar vocals, sounds, tempi, etc—but, in strict musical terms, is different.
    I’ve just listened to the chorus of the Rubinoos’ song on that site you link and it doesn’t sound like it has the same melody or chords as Lavigne’s. It’s noticeable that the Rubinoos don’t make any reference to these, fairly important, elements in their allegation.
    As far as I’ve paid attention to these things, my impression is that if these things make it to court then they often come down to a clash of the musicologists hired by the respective parties. (Remember the epic Bond theme wrangle?) A musicologist might be able to get Lavigne’s lot off the hook, but who decides the winner—André Previn or an untrained judge/jury?
    But we’re talking about a simple pop chant here, not some harmonically dense Gershwin standard with chromatic runs and subtle modulations. Notes aside, the Lavigne song is so obviously “inspired by” the Rubinoos that you’d have to be deaf not to notice it—and lyrics are, I think, usually treated as fifty percent of a pop song for legal purposes. I suppose settling now will save Avril Inc. money either way.
    That’s all off the top of my head. I bet you’ve got at least one real music industry lawyer amongst your annoyingly vast readership who could give you a proper summing up.

    Reply
  2. Jonathan Thurgood Avatar
    Jonathan Thurgood

    Ordinarily, copyright infringement is a civil offence triable by a judge, not a jury (though there are certain criminal provisions in the CPDA 1988, as amended). Although the judge may be a non-specialist, there are quite a few specialist IP judges on the bench in the High Court of England & Wales and Court of Appeal.
    It’s the (European) CFI and ECJ where the real muppets sit.

    Reply
  3. Mark Wadsworth Avatar
    Mark Wadsworth

    Yes, but either version of the song is completely shit, who on earth would boast about having written it?

    Reply
  4. dearieme Avatar
    dearieme

    “some harmonically dense Gershwin standard with chromatic runs and subtle modulations”: ah, music, you mean.

    Reply
  5. anonymous Avatar
    anonymous

    Tell that band to get over it! Like seriously who cares? I personnally don’t think the songs sound alike except the hey hey you you. Like I wouldn’t go make a big deal out of it it’s stupid. I think it’s completly childish.
    Tim adds: But there’s a lot of money at stake. 4% of all of the sales of the song “Girlfriend” belong to whoever wrote the song.

    Reply
  6. Steve Avatar
    Steve

    Try listening to the band “Lush” and listen to their version of the song…its an easier jump (female singer)…and I think you will agree that those song sections are too close, not the entire song, but the section in question. Lyrics, Melody and Meter are way too close. Just because the key is different does not mean its okay. Otherwise I will change the key to “yesterday” and sing it as “Scrambled Eggs” and make a fortune. Personally I believe her…but she should dump her co-writer, the alleged “musicologist” and her manager. (Who is not helping her case.) To claim 100% originality is not true…The Rubinoos have a case and the case has strength.

    Reply
  7. HeyHeyYouYou Avatar
    HeyHeyYouYou

    On an American music industry discussion forum, The Velvet Rope, it’s been pointed out that Luke Gottwald produced a cover of the Rubinoos song “I Wanna Be Your Boyfriend” for the 1990 album release by The Party (Mickey Mouseketeers). Luke Gottwald is, of course, Avril Lavigne’s “co-writer”.
    Case closed.

    Reply
  8. HeyHeyYouYou Avatar
    HeyHeyYouYou

    p.s. there is more discussion on that board – and the Party production credit is unconfirmed – not that the Rubinoos need it to make their case, but it’d sure make things clear faster

    Reply
  9. HeyheyMeme Avatar
    HeyheyMeme

    Why isn’t anyone recognizing that the Rubinoos stole the lyrics from one of Punk’s all-time greats, The Ramones? “I Wanna be Your Boyfriend” came out in 1976. The Rubinoos work of the same name came out in 1979. Perhaps the Ramones estates should sue the Rubinoos? Oh, there’s probably nothing there? Oh.

    Reply
  10. Rann Aridorn Avatar
    Rann Aridorn

    They both ripped off “Get off My Cloud” by the Rolling Stones, if you ask me.

    Reply
  11. HeyheyMeme Avatar
    HeyheyMeme

    In foolowing the story, the whole Dr. Luke producing a cover of the Rubinoos song apparently was a badly researched plant by their legal team to tie the case together nad give it some merit (you can’t even Google the band). (Appears he had also not heard of The Party but admits to going to some.) As are some of the above posts. Who remembers The Party? (I’m sorry… ewww. How’s Menudo these days?). Who remembers The Rubinoos. They’re a good band; but this whole thing is silly and they are being badly handled by their legal team.

    Reply
  12. An expert Avatar
    An expert

    Yes, there was a group called The Party who originated in the 1980’s. They were a group of teens that were on the Mickey Mouse Club. They did a song called “I Wanna Be Your Boyfriend”. Avril’s song was so similar that I was speaking to a friend of mine about the party and just sang the chorus of The Partys song and the friend said “hey that sounds exactly like that Avril Lavigne song”. Hello, her writers did rip that song off of someone and should pay.

    Reply
  13. Patty And Anitra Avatar
    Patty And Anitra

    we think avril shouldn’t be sued. ummm if the rubinoos said hey hey you you i want to your boyfriend then what the crap does girlfriend have to do with that? sue all the other artist who wrote songs that have hey hey you you in it okay so shut the crap up.. ummmmmmmmmmm huh

    Reply
  14. Patty And Anitra Avatar
    Patty And Anitra

    we think avril shouldn’t be sued. ummm if the rubinoos said hey hey you you i want to your boyfriend then what the crap does girlfriend have to do with that? sue all the other artist who wrote songs that have hey hey you you in it okay so shut the crap up.. ummmmmmmmmmm huh

    Reply
  15. alpinedigital Avatar
    alpinedigital

    All that matters to me is how much $ they stand to collect if they win. I mean, if you have a trashy old beat up car in your back yard, somebody steals it and turns it into a racecar and wins a championship with it, do you expect to get the the race winnings and the value of the racecar or just what your POS heap was worth to begin with?
    Tim adds: They would get a percentage of the song writing royalites (usually 4% of record sales and whatever is paid for radio play).

    Reply

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