Judgment in the plagiarism process around „Still got the blues “
(press agent: Today Dr. VRiLG Frank Tholl)

the 21-st civil chamber of the district court of Munich I has made a decision on the plagiarism accusations in the matter of „Still got the blues “.

The plaintiff stated the guitar-solo in „Still got the blues “ (1990) had been taken from his work „Nordrach “ (1974). However, „Nordrach “was, at that time, not available on sound carrier and could be heard merely at various live concerts and, at least once on the radio.
The defendant then claimed not to have known „Nordrach “.

However, in the opinion of the court the similarity of both pieces was so remarkable that the court had to assume a takeover, particularly as the court also supposed that the defendant could have heard “Nordrach”. Also it needed to be decided whether the defendant himself could have remembered the passage from „Nordrach “ for more than 16 years –, when all is said and done there were no sound carriers on which one could have listened to it over and over. The judicial expert that was heard in reference to this question did not want to exclude such a remembrance achievement by a musician.
Nevertheless, the court had no hints for the fact that the takeover consciously occurred; although, an unconscious takeover also constitutes a copyright infringement. Therefore, the court condemned the defendant and his record company to supply information and pay damages. However, the judges refused injunctive relief to the plaintiff. He had at the same time applied to be named as a co-composer with GEMA. That– so the court – didn’t fit together: on the one hand wanting to participate in the evaluation of the song, and, on the other hand wanting to prevent performance and spreading of the work. (Judgment of the district court of Munich I, file number 21 O 23120/00; not final)

Disclaimer: Translated by Dave. I am not a professional translator and will not be held repsonsible for any mistakes in translation