The United States Court of Appeal for the Fifth Circuit has upheld last year's decision that Canadian band Nickelback's song "Rockstar" did not infringe the song "Rock Star" by Snowblind Revival.
The Court of Appeal noted that any alleged similarities between the lyrics of the two songs were "mere clichés of being a rockstar that are not unique to the rock genre."
Furthermore, the Court of Appeal upheld the findings of the court below that Nickelback did not have access to the earlier song, a necessary component to a finding of copyright infringement: "Inferring access from this evidence would require 'leaps of logic' that are not supported by the record...[the] chain of hypothetical transmittals is insufficient ...especially in the face of testimony from Nickelback members and relevant executives that they had never heard of Johnston's song."
The decision is reported in further detail here. "Rock Star" by Snowblind Revival can be heard here, while "Rockstar" by Nickelback can be heard here.
US Appeals Court Upholds Decision That "Rockstar" Song Does Not Infringe Copyright
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.