In December 2008 guitarist Joe Satriani alleged that Coldplay, the English band fronted by Chris Martin, had breached copyright by using "substantial original portions" of Satriani's 2004 song If I Could Fly on Coldplay’s number 1 track, Viva La Vida.   

Copyright, which is a form of intellectual property, gives the owner the exclusive right to do or to authorise others to do certain acts in relation to artistic, literary and musical works, including sound recordings, lyrics and songs.  In the UK there is no official registration system for copyright, as the right occurs as soon as the material is recorded, whether in writing or otherwise. Under the Copyright Designs & Patents Act 1988 a copyright infringement may occur not only where a whole work has been copied, but also where any substantial part of the work has been copied.  In terms of assessing what constitutes a substantial part of the original work, the question will be answered on a case by case basis but will generally be considered not just on a quantative basis but on a qualitative basis too.

Following Satriani’s allegation, Coldplay said in a statement on their website that Satriani “did not write or have any influence on the song" and further stated that "if there are any similarities between the two pieces of music, they are entirely co-incidental and just as surprising to [Coldplay] as to [Satriani]."

According to reports, the parties have now reached agreement and the case is to be dropped, though it is not clear whether any financial settlement was reached between the parties.

If you have any queries regarding copyright or any other intellectual property matter please feel free to contact the IP team at Lee and Priestley who will be happy to help.

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