Formal Entertainment v. Zayn Malik

2:23-cv-0788 (C.D. Cal.)

Comment by Arjumand Syed

Plaintiff Patrick Simmons alleges that Defendants had access to his song “Somebody Tonight” which was released in 2018, prior to the release of the defending work “Better” in September 2020. Plaintiff alleges further that in April 2020, he enlisted the services of Modern Music Marketing (“MMM”), to promote another of his songs. During this engagement, MMM heard Simmons’s “Somebody Tonight”, expressed the intention to promote it for free, and sought permission to circulate the song to everyone in their industry contact list to gauge interest in a potential deal.

It is clear from comparing the songs that a lay observer listening to them could spot the similarities. In my opinion, they both use similar chord progressions and motifs (an important and usually/repeating idea or theme in a piece) throughout. In particular, the introductions of both songs are highly similar, with a few notes changed, and repeats throughout that render the phrase in question a motif. The songs also use a similar melody, sequence of chord changes and rhythmic patterns. Plaintiff also alleges that the lyrics of the two songs are similar. However, in my opinion, the lyrics do not overlap. To allege similar lyrics the Plaintiff claims that the same word being, similarly enunciated, is used in the same place in both the complaining and defendant works. Plaintiff further alleges that chorus melody of the defending work is very similar to the melody given to the verses of the Plaintiff’s song.

A comparison of both songs definitely suggests that the hook of “Somebody Tonight” is very similar to the hook used in “Better”. As the suit is in its initial stage, we will have to wait to see how it proceeds and how the defendants may attempt to refute the Plaintiff’s contentions.

Complaint: PDF