4th Circuit revives $10M 'Somebody to Love' suit against Justin Bieber and Usher
Justin Bieber and Usher. Helga Esteb / Shutterstock.com
Singing a different tune than a trial judge, a federal appeals court on Thursday unanimously voted to revive a $10 million copyright suit brought by two songwriters against Justin Bieber and Usher.
Bieber and Usher recorded “Somebody to Love” both together and separately, selling millions of copies. Their song could be found by a reasonable jury to have a chorus that is “intrinsically similar” to the chorus of the song at issue, held the Richmond, Virginia-based 4th U.S. Circuit Court of Appeals. Also titled “Somebody to Love,” the other tune was written by rhythm and blues singer Devin Copeland, professionally known as De Rico, and Mareio Overton.
“To us, it sounds as though there are a couple of points in the respective melodies where Bieber and Usher songs go up a note and the Copeland song goes down a note, or vice versa,” said Judge Pamela Harris in the court’s written opinion (PDF). “In our view, however, a reasonable jury could find that these small variations would not prevent a member of the general public from hearing substantial similarity.”
The Norfolk case is now remanded back to the trial court for further proceedings.
Both Copeland and Overton are from Virginia.
Reuters and the Virginian-Pilot have stories.
