American Idol's Chris Daughtry Sued for Plagiarism for "Feels like Tonight"

American Idol alumnus Chris Daughtry and Apple are being sued by an individual that maintains that Daughtry's song "Feels Like Tonight" is actually derivative of his band's song, "Tonight," which was recorded a year earlier than when Daughtry's tune was recorded. Randy Mazick, lead man for the Arizona band The Asphalt, alleges that "Feels Like Tonight" sounds like "Tonight," which he says his band performed live a year before (2005) Daughtry recorded and released his album, "Daughtry" (2006).

Mazick and The Asphalt are a four-man band out of Lake Havasu City, Arizona, according to their MySpace page.

Daughtry is the band formed around the fourth place finisher on American Idol's Season 5 (won by Taylor Hicks), Chris Daughtry. Daughtry quickly cashed in on his American Idol fame (many felt he was destined to win and were shocked when he was voted off), recording his first album and releasing it in November 2006. "Daughtry" was the best-selling album of 2007, topping acts like Akon, Fergie, the "Hannah Montana" soundtrack and Carrie Underwood (another American Idol alumnus - and winner, Season 4) with 3.2 million units sold (Billboard).

Daughtry Isn't The First Artist To Be Sued For Plagiarism

Many songs sound similar to others. Some of these artists or songwriters sue the other artists, especially if one artist has a hit or makes money (or both) off of the song in question. Coming under plagiarism laws, there is always the possibility of fortunes changing hands. Some win; some lose.

Rick James sued M.C. Hammer for infringement of copyright for using the music from his hit, "Super Freak," and settled out of court, not only getting royalties for the music, but also receiving a Grammy for songwriting when M.C. Hammer's "U Can't Touch This" won Best R&B Song in 1990.

Huey Lewis and the News sued Ray Parker, Jr. because his song "Ghostbusters" had the same background rhythm as "I Want A New Drug." Lewis won.

Michael Jackson was sued in an Italian court for plagiarism for his song "Will You Be There" on his "Dangerous" album. Italian songwriter Albano Carrisi won the lawsuit when the court found that Jackson's song sounded similar to Carrisi's ''The Swans of Balaka." Jackson appealed and the decision was overturned.

And not everybody sues. Tom Petty refused to sue the Red Hot Chili Peppers over their song "Dani California," which sounded like his hit song "Mary Jane's Last Dance." Typical for Tom Petty, who is known for his laid back attitude, the star let it be known that these things will happen in the music business and did not believe the Chili Peppers meant to plagiarize his song.

The Lawsuit Over "Feels Like Tonight"

But Randy Mazick of The Asphalt is not as understanding. He has named producer and songwriter Lukasz Gottwald, music publishing company Kasz Money Publishing, songwriter Martin Karl Sandberg, music publishing company Maratone, songwriter Sheppard Solomon, Bertelsmann Music Group, and RCA records. He has also named Apple because "Feels Like Tonight" was distributed as an iTune.

Mazick seeks damages and all profits made from the sales of "Feels Like Tonight. He also leaves it up to the court to add any other monetary awards it finds suitable.

"Feels Like Tonight" appears on "Daughtry," which is an album that has sold nearly 5 million units (it is certified 4 times platinum), been on Billboard's Top 200 album chart for 95 weeks, and was the biggest mover inside the album chart this week, moving on the impetus of the sales of Daughtry's new hit, "What About Now," which jumped back into the Top 40 on Billboard's Pop 100 this week to number 33 after falling to 44 (it had peaked previously at No. 21). The single, "Feels Like Tonight," peaked at No. 24 earlier this year and has sold at least half a million units (RIAA).

Why Sue Daughtry, Apple, And The Others?

If Mazick wins, this could add up to a nice payday. If one were to give the song just a $1 value for each unit sold, then taking into consideration both single and album sales, the figure approaches $5.5 million.

There are several reasons why Randy Mazick would take the chance and take this case to court. If he truly feels his song has been stolen (plagiarized), his willingness to get the profits from its success is understandable. Also, for the more cynically minded, even if he does not believe it was plagiarized, the publicity generated from the lawsuit will get his band, The Asphalt, noticed and possibly picked up by a major record label.

And taking a chance is exactly what he is doing, because there is no guarantee that a judge will decide in his favor.

Both songs - "Tonight" by The Asphalt and "Feels Like Tonight" by Daughtry - can be heard on their respective MySpace pages. And although the background rhythm is somewhat similar and the first line of the choruses of both songs are almost exactly the same, it does not look as though Randy Mazick will win his case. The songs seem to be far too dissimilar.

But that is for a judge to decide. Music is very subjective. Perhaps a judge will hear similarities that escape this writer's ear.

Regardless, Daughtry and his co-defendants stand to lose a considerable amount of money. Conversely, Randy Mazick stands to gain not only a considerable sum (especially Mazick, who wrote "Tonight") but plenty of publicity for his band, The Asphalt. The case will definitely bear watching.

Sources:

Billboard.com

MacWorld.com

Wikipedia.org

MySpace.com

Answers.com

LiveDaily.com

VH1.comStereoboard.com