By John Q. Hosedrinker 
Adele and Greg Kurstin face a plagiarism lawsuit in Brazil alleging their song “Million Years Ago” infringes on Toninho Geraes’s “Mulheres.” A judge initially ordered the song’s worldwide removal, a decision that has since been challenged. A subsequent conciliation hearing failed to reach an agreement, with the defendants’ absence and conflicting expert opinions on melodic similarity contributing to the impasse. The case highlights ambiguities in Brazilian copyright law and the potential ramifications of setting a precedent for removing songs based on perceived similarities.
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The case of Brazilian samba composer Toninho Geraes suing Adele for plagiarism surrounding her song “Million Years Ago” is a fascinating intersection of musical creativity, copyright law, and cultural perspectives. The core of the dispute centers on alleged similarities between Geraes’s “Mulheres” and Adele’s hit track. Geraes claims his work was plagiarized, seeking significant financial compensation and songwriting credit. However, the situation isn’t as clear-cut as it might initially seem.
Many commenters suggest that the similarities between the two songs are superficial, pointing to the limited number of chord progressions and melodies available within Western musical traditions. The argument frequently made is that popular chord progressions are reused frequently across various genres and time periods, making a definitive claim of plagiarism difficult to substantiate. This leads to the idea that such similarities are often coincidental, not necessarily indicative of intentional copying. The fact that similar chord progressions exist in numerous other songs, including those from Hispanic and Turkish musical traditions, only strengthens this argument. Some even suggest that the similarities are less pronounced than those found in other songs already compared to Adele’s work.
The claim of plagiarism also necessitates proving Adele’s exposure to Geraes’s music. Without evidence that she had heard “Mulheres” prior to composing “Million Years Ago,” the assertion of direct copying weakens considerably. The burden of proof lies with Geraes to demonstrate not only similarity but also a causal link between the two works. The lack of demonstrable evidence and the readily available examples of similar musical structures across various cultures fuel the skepticism surrounding the legitimacy of Geraes’s claim. Many people online view this as a mere attempt at capitalizing on Adele’s success.
The legal precedent surrounding such cases also factors into the discussion. Examples of other artists successfully defending against similar accusations highlight the challenges in proving outright plagiarism in music. The complexity of musical composition and the inherent reuse of established melodic and harmonic structures often make definitive judgments difficult. Furthermore, the potential for unintentional similarities and the evolution of musical styles over time further complicate the issue. There’s a strong argument to be made about basic chord progressions being part of a common musical lexicon.
While Geraes maintains that he wants compensation for what he sees as a clear theft of his intellectual property, many online view this as a case of a less successful artist trying to exploit the system to gain financial benefit from a globally recognized star. The comments express concern that allowing this type of lawsuit to succeed could stifle musical creativity by setting a dangerous precedent. The fear is that numerous artists could be subjected to similar lawsuits, based on arguable similarities rather than demonstrable copying. This perspective emphasizes the need for clear and nuanced legal definitions of plagiarism in music, considering the inherent limitations of originality in a world of finite musical elements.
The differing perspectives on this case highlight the tension between protecting artists’ rights and acknowledging the inherent limitations of originality in musical composition. While protecting intellectual property is paramount, it’s crucial to distinguish between genuine plagiarism and the inevitable convergence of similar musical ideas in a world saturated with music. The case ultimately serves as a reminder of the complexities surrounding copyright in music and the difficulty of establishing definitive proof of plagiarism amidst unavoidable sonic similarities. Whether Geraes’s claim will ultimately succeed remains to be seen, but the debate itself sparks crucial conversations about the nature of musical originality, copyright law, and the inherent biases within the music industry.