NEW YORK (Reuters) – A U.S. judge on Tuesday dismissed a lawsuit accusing U2 of lifting section of a British songwriter’s work for a tune on the Irish rock band’s 1991 blockbuster album “Achtung Newborn.”
U.S. District Choose Denise Cote in Manhattan turned down Paul Rose’s declare that U2 wilfully copied from a 13-second guitar riff in close proximity to the start off of his 1989 instrumental “Nae Slappin,” to produce a 12-second section featuring a guitar solo for its tune “The Fly.”
Rose, who life in New York, claimed that U2 copied from his tune “virtually take note-for-take note,” and also used a tambourine and the exact same drum, percussion and bass line with no authorization.
But the judge claimed the riff was not a “sufficiently substantial” portion of “Nae Slappin,” a 3-1/2-minute composition that “demonstrates the plaintiff’s extraordinary guitar skills,” to be a protectable “fragment” of the work.
She also claimed that even if the riff ended up protectable, a acceptable jury could not discover that U2 copied it.
Rose experienced been searching for at the very least $5 million in damages from U2 lead singer Bono bandmates The Edge, Adam Clayton and Larry Mullen Jr., and UMG Recordings Inc, a Vivendi SA unit that releases documents underneath U2’s label Island Data.
He claimed he experienced presented Island a demo tape of “Nae Slappin” that was afterwards integrated into “The Fly.”
A attorney for Rose did not immediately reply to requests for comment. Lawyers for the defendants did not immediately reply to similar requests.
The circumstance is Rose v Hewson et al, U.S. District Court, Southern District of New York, No. 17-01471.
Reporting by Jonathan Stempel and Jan Wolfe in New York Modifying by Tom Brown