Belgium courts look at plagiarism

December 2005

Music publishers

Salvatore Acquaviva has won a copyright case in Belgium against Madonna. The court upheld his claim that Madonna’s ‘Frozen’ plagarised one of his songs. The BBC report that EMI, Sony and Warner Music have been ordered to withdraw the song from sale in Belgium. Mr Acquaviva’s lawyer Victor-Vincent Dehin said the judge agreed that Madonna’s single used four bars of the song Ma Vie Fout L’camp, which roughly translates as My Life’s Getting Nowhere. In a separate matter Belgium has reported that Belgium’s Court of Appeal is considering a claim regarding Michael Jackson’s hit song “You Are Not Alone”. The claim in the case of Van Pasel v R Kellyand Zomba (2005) is based on the finding of the Belgian collection and rights society that the largest part of the melody of the 1995 song “You Are Not Alone” that R Kelly presented to Michael Jackson is “identical” to the 1993 song “If We Can Start All Over” composed by Belgian brothers Eddy &Danny Van Passel.

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