Baby Got Backlash – Glee Under Fire For Plagiarism (UPDATED)


Editor
01/18/13 02:36pm
34 Comments

Songs from the upcoming Glee episode, “Sadie Hawkins,” hit the internet this morning, and with them came an accusation of plagiarism from musician Jonathan Coulton. Coulton took to Twitter shortly after the songs were released:

Listening to the arrangements of the song, set to introduce Kurt’s potential love interest Adam (Oliver Kieran-Jones) and his group the Adam’s Apples, it’s undeniable that they’re similar – they’re all but identical. Take a listen:

Glee representatives have yet to comment, but plausible deniability isn’t really in the cards; especially considering this isn’t the first time this has happened. In late 2011, the show was criticized for using an arrangement of Cyndi Lauper’s “Girls Just Wanna Have Fun” that was a little too similar to one performed by Greg Laswell. Similar to Coulton, Laswell wasn’t contacted or credited when the song was used.

UPDATE: This just happened. (Alex Anders is a music producer on Glee)

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Ouch.

Morally, it’s pretty reprehensible to just appropriate his arrangement without so much as a credit or even a thank you, but legally? It’s complicated. Coulton paid a “Compulsory License” fee for the rights to record and perform the song, but that doesn’t offer him much protection. The Verge broke it down for everyone:

While musicians are allowed to make stylistic changes to songs as they cover them, their reworkings of the original song aren’t protected by copyright unless they get permission from the original songwriter — the song itself still belongs to the songwriter, after all. So Coulton’s version of “Baby Got Back” isn’t his to offer up for sale or licensing;Glee can use his changes without permission or even credit. (If Glee’s producers used clips of Coulton’s actual recording, like the duck sound, it’s different: that would be copyright infringement of his sound recording.) (x)

Coulton’s main concern seems to be that they actually did use clips from his recording. He posted the following on his website:

UPDATE 1/18: No word from Glee or Fox, but I’ve seen screenshots of the song on Swedish iTunes listed with artist = Glee Cast. My lawyers are researching the copyright issues, and I am trying to figure out how to isolate the duck quack, or otherwise test the theory that some of my tracks are in there. This side-by-side comparison is crazy:

What do you think, Gleeks? In a world where everyone has a YouTube channel, once a cover is out there, is it fair game? Should we be surprised by a show that is essentially a karaoke dramedy using arrangements other than the originals? Will Fox apologize to Coulton, or even acknowledge him?

Sound off below.

 

 

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  • shyvioletisme

    This is hardly the first time Glee has done this. They have “borrowed” numerous arrangements from other artists and tried to pass them off as original. Patting themselves on the back for a great job. I used to be a fan of Glee, but they make it really hard these days.

  • http://www.facebook.com/matthewhorton Matthew Allen Horton

    I love Glee, but this is a CLEAR ripoff. I heard the first 5 seconds and said, ‘This is Joco.’ This is not OK. Even in the age of YouTube. Joco did this long before Glee was huge.

  • http://www.facebook.com/joyce.boss.1 Joyce Boss

    I haven’t listened to the glee version yet — but the Coulton version is so different from the SirMixALot version — it’s like a different song. F***ing Glee

  • http://twitter.com/wizard_jeremy Jeremy

    It sucks that they ripped-off a talented artist and then have the nerve try to claim that the creative arrangement and cover as their own.

    Anders and co. had better issue an apology and give credit where credit is due.

  • http://twitter.com/dragonfly1102 Roxette Qi

    considering covers get deleted from youtube all the time, i don’t see how that’s “a fair game”. and glee makes so much money of of these, it’s really obnoxious.

    • http://www.facebook.com/people/Payton-Blake/1390912413 Payton Blake

      He’s not even a “youtuber” either…

  • rebeccaisme

    if it means anything, and I normally don’t like to speak for fandom, it’s possibly the worst song we’ve heard from this show lining up with the Turkey Lurky part of Let’s Have a Kiki and my favorite You’re Having my Baby. I understand that this is Coulton’s intellectual property after the initial SirMixALot but if you’re setting yourself up to be laughed at just no. They did this with Girls Just Want to Have Fun, but clearly the arangement is much better than the original. Saying that, everyone is entitled to their opinion and it would have been courteous to consult Coulton first.

  • Em

    Listening to the “Glee” version, I thought it was going to be the SirMixALot version… this is just HILARIOUS!

  • monica

    Hmmm how do we know that the guy singing doesnt say he heard it on youtube and they are trying to recreate it. We dont know anything yet so calm down. And glee does covers not originals so of course they try to get as similar as possible.

    • Rockman

      Check out when the original video was posted..

      • Rockman

        And for what it’s worth, Coultan is an established professional, with his work gaining cult following through his compositions for Valve’s Portal game series. This isn’t just some schmuck.

    • http://www.facebook.com/people/Payton-Blake/1390912413 Payton Blake

      Those of us who have been fans of JoCo for some time know plenty…

      He isn’t just some youtuber playing off other people’s popularity. He does mostly his own, original work and only a handful of covers. His cover of “Baby Got Back” was part of his “thing a week” project (again, mostly contained original work, not covers) in which he aimed to create and release a song a week for a year. His version of “Baby got back” was part of his first set of songs from his “thing a week” project and was released in October of 2005.

      Though not to the extent of the more mainstream artists, he does travel and performs his own shows.

      He is a decent person and creative artist. If Fox/Glee has actually given him credit for his work, cover or not, there wouldn’t be a problem here at all. Instead, not only did they not give him credit, but when the issue was brought up with them, they said he should be glad that they copied him because it gave him exposure, even though no one but his fans would know who they copied.

  • Ellie

    Play them at the same time and it’s seriously like you’ve just opened two tabs of the same song.

  • GinnyWrocks

    Please. Regardless of whether something is posted on the web or not, NOTHING created by someone else is fair game for another person or group to make profit on without permission. I’m sick of the “I found it online” argument, both as a visual artist and a performer. You can’t. Steal. Other peoples’. Stuff. EVER.

  • Lauren

    They can’t even come up with a bad arrangement on their own! They have to steal it!

  • Rockman

    Consumers who steal a $.99 song online to add to their IPod and make no money off of get $600,000+ fine and years of jail time.
    A massive syndicated show who does the same and potentially makes millions? A few chastising blog posts and a debate whether it’s even really that unethical.
    The man’s tweet even indicates he thinks he’s doing the artist a favor! Stunning.

    • http://www.facebook.com/people/Payton-Blake/1390912413 Payton Blake

      And JoCo, being the decent person he is, doesn’t go after those who DO download his music illegally. The most he does is put up a donation link for those feeling guilty enough to pay for it after the fact.

  • 19yearslater

    This is disgusting. It’s not another YouTuber who ambiguously copied someone else’s work, it’s a show making money and getting publicity off of his work and brushing off his valid complaint as an “opportunity.” Maybe it would be if he had been given compensation or credit, but as it stands this is theft, not an opportunity. And why the heck would they leave “Johnny C” in? That is beyond lazy and proof that they stole the arrangement.

  • 19yearslater

    This is disgusting. It’s not another YouTuber who ambiguously copied someone else’s work, it’s a show making money and getting publicity off of his work and brushing off his valid complaint as an “opportunity.” Maybe it would be if he had been given compensation or credit, but as it stands this is theft, not an opportunity. And why the heck would they leave “Johnny C” in? That is beyond lazy and proof that they stole the arrangement.

    • http://www.facebook.com/people/Payton-Blake/1390912413 Payton Blake

      I think he’d be more than happy with credit and not worry about compensation.

  • http://twitter.com/Consti2tion Consti2tion

    … That Assclown pretty much just CONFESSED, to using JoCo’s arrangment.

  • http://twitter.com/Consti2tion Consti2tion

    … That Assclown pretty much just CONFESSED, to using JoCo’s arrangment.

  • http://www.facebook.com/fbromley Frank Bromley

    that side by side comparison was pretty damning evidence

  • Andy

    Pretty sure this is some random person and not from Glee. Not only do I doubt Fox is dumb enough to use some indie artist’s instrumental recording instead of their million-dollar studio, but to not even change the quack and “Johnny C”? Especially because this is being sung by a character named ADAM, why would he say someone else name? Especially because there’s no characters currently on Glee with that name.

    • http://www.facebook.com/people/Payton-Blake/1390912413 Payton Blake

      That was pretty amazing of them….and not amazing in a good way. I’ve never actually been a fan of Glee, as I could never quite get over the bad taste left in my mouth after “high school musical” and the like became popular (I was very involved in the more classical musicals while in High School, so I’m biased.)

      But I can see where it could have potential to bring to light certain issues and to promote the arts; if only they’d do it in a respectable fashion.

  • Jace

    oh please. its not like he’s any worse off. guy needs to relax if you ask me

    • Mimi

      Of course, that´s kind of a big advertisement for him. But only because he made himself be heard. It´s sad that he wouldn´t get the acknowledgement he should. Glee isn´t just doing a cover. It´s a cover of a cover. They do have to pay to make a cover. And here they should have paid twice because Coulton did add his own original material to the song. So he would have gotten money, so yeah, he is a kind of worse off.

    • http://www.facebook.com/people/Payton-Blake/1390912413 Payton Blake

      So it’s ok to plagiarize? They didn’t give him any credit even, even give him any credit; if not for the news on it no one but his fans would know what happened.

      It shouldn’t matter if he does or doesn’t get publicity from it; it’s still wrong what they did. He has always been very happy to let people use his work as long as they give him verbal/written credit (he writes and records a lot of his own, original work..very few covers). He doesn’t go after those that illegally download his music, though he does have a “paypal donation” for any who feel guilty enough to make up for it. You can also listen to all of his music, full length, on his site whether you buy it or not as many times as you like.

      You should read up on his “thing a week” project as well. Even if his music isn’t to your taste, I’d find it hard to believe that any decent person couldn’t at least respect him as a person and an artist.

  • http://www.facebook.com/SuzieRiddle Suzie Riddle

    The biggest sting for me when I had something copied, was the idea that they thought I was so insignificant, they could just take something of mine. That really hurt, regardless of what legal stuff happens.

  • http://www.facebook.com/profile.php?id=624051004 Jennifer Shaw Smyth

    I’m really disappointed with Glee. This isn’t a platinum artist. He’s an indie musician and the kind our community supports. PLEASE don’t buy the Glee song on itunes & support the steal!

    Fox DID make a comment to Jonathan Coulton, which you can read on his website.
    http://www.jonathancoulton.com/2013/01/18/baby-got-back-and-glee/#comments

    “MORE MORE UPDATE 1/25: Well, they aired it, seemingly unchanged. And it’s now for sale in the US iTunes store. They also got in touch with my peeps to basically say that they’re within their legal rights to do this, and that I should be happy for the exposure (even though they do not credit me, and have not even publicly acknowledged that it’s my version – so you know, it’s kind of SECRET exposure). While they appear not to be legally obligated to do any of these things, they did not apologize, offer to credit me, or offer to pay me, and indicated that this was their general policy in regards to covers of covers. It does not appear that I have a copyright claim, but I’m still investigating the possibility (which I consider likely) that they used some or all of my audio. I’ll write something longer and more detailed about this when I can get my head together about it probably in a couple of days. Thanks for your support, but please continue not to burn anything down.”

    I watch Glee week after week, and have always considered myself a big fan. One of the highlights of Leakycon was seeing the Warblers. My husband spent some time with Brad Ellis and really admires him. This has really soured some of the experience for me. I don’t want to give Glee any more of my $$ until they attempt to make this right, and I hope others have the same integrity.

    • http://www.facebook.com/people/Payton-Blake/1390912413 Payton Blake

      Well, on the up side, his re-release of his version (exactly the same as before) listed as “in the style of Glee” on Itunes is at about 107 in ranking now, while Glee’s isn’t in the top 200.

      And after royalties and such, all proceeds for 2 months or so are being donated to charity.

  • Flitzy

    Is he actually defending that song? It wasn’t even any good. >_>

    • http://www.facebook.com/people/Payton-Blake/1390912413 Payton Blake

      It doesn’t matter if you think it was any good. What matter is, was it right (legally or just morally/ethically) for them to do what they did?

      Or do you think it’s perfectly fine for people to plagiarize if they’re more popular?

  • http://twitter.com/tarka98 Zoe

    couldn’t give a shit to be honest.