Cryptomnesia: The unconscious plagiarism that shocked the music industry

Times of discover News: Only 12 notes are used, and most pop music is based on similar chord structures. This is why accusations of plagiarism are so common in pop. The same was true of George Harrison, who had to sign away the rights to more than two-thirds of his first big solo hit, My Sweet Lord; presumably sounds like 'He's So Fine' by girl band The Chiffons. The Beatles had to admit they knew the lyrics, but were certain they had written something original.

Many others, including Led Zeppelin, The Beach Boys, Bob Dylan, Michael Jackson, Lana Del Rey, Oasis and Coldplay, find themselves in similar, though often unresolved, dilemmas. Melodies and lyrics are often repeated: for example, Enrique Banbury, lead singer of the Heroes of Silence, was chosen to sing 37 songs that were, to put it mildly, inspired by the writings of others - mostly poets.

Over-the-top or fabricated plagiarism is called cryptomony. This has nothing to do with Bitcoin, but rather repressed memories that have lost their source and context. Writing lyrics is complicated: the composer turns the tune over in his mind and gets it right. No song is created in a vacuum. The influence of the past is always there.

On the other hand, American music has a long tradition of incorporating other people's songs without including original lyrics. As the recording industry boomed in the 1940s and 1950s, a series of composers emerged who wrote songs for major artists; it was only in the 1960s that the idea of ​​composers creating their own music emerged.

When an artist is accused of plagiarism, you have two options. You can apply for cryptomania and save your face by making a financial arrangement with the original author and adding it to the credits. Or, as many artists prefer, they can claim ignorance of the original song, and claim that anything like that is purely coincidental. In such cases, the judges must seek the help of music or literary experts, who ultimately decide how similar one song is to another.

Shake It Off is arguably Taylor Swift's most recognizable song. Her chorus is, "'Cause the players will play, play, play, play, play, play, play, play/And the haters will hate, hate, hate, hate, hate, hate, hate, hate," - the lyrics prove she'll be able to handle any criticism that comes her way in 2014, and still hit hard, but it turns out that the lyrics Sean Hall wrote for 3LW and Play's Gonna Play by Nathan Butler are nearly identical.

The trio released a single in 2001 ("The beach, they'll play / Play / And the lovers, get the hat / Get the hat") Both sides would battle over turf for five years before reaching an agreement in 2022, kept secret ever since. 

The lawsuit is the subject of the CNN documentary: Tracking Taylor Swift. Hall and her lawyers spoke, music and copyright experts gave their opinions, and many other cases of plagiarism were cited, with a degree of cryptomnesia difficult to estimate. 

Olivia Rodrigo, a star who was very impressed with Swift and praised her as a co-writer in several of her songs, welcomed her. Meanwhile, Swift's team's defensive strategy was somewhat confusing. In their first written statement, they said they had never heard the track 3LW, as only country CDs played in their house and the radio was never turned on. 

The debate broke out when an old recording surfaced in which the young singer played herself on the MTV show Total Request Live which received an enthusiastic review, including the song "Beaches Gonna Play", which had some influence at the time.

The most controversial aspect of the documentary is that there is a pattern to this kind of plagiarism that links it to systematic racism in the cultural industry. In American pop, it's quite common for white artists to adopt the compositions of black artists and make them available to a wider audience - not just the songs but the style, rhythm, rhyme and slang.

The judges initially considered the controversial phrase too "common" to be protected by law, but persistent appeals were made, after which the issue was decided. It's fair to say there was some financial compensation, but there was no acknowledgement of debt or a confidentiality agreement.

This could be considered too sweeping a conclusion for this particular case - a small omission given the singer's trajectory, but not lacking in precedent. And, as in My Sweet Lord, we have a big white star using elements from songs by a lesser-known African American girl band.