U.S. District Judge Denise Cote in Manhattan
rejected Paul Rose's claim that U2 willfully copied from a
13-second guitar riff near the start of his 1989 instrumental "Nae
Slappin," to create a 12-second segment featuring a guitar solo
for its song "The Fly."
Rose, who lives in New York, claimed that U2 copied from his
song "virtually note-for-note," and also used a tambourine and
the same drum, percussion and bass line without permission.
But the judge said the riff was not a "sufficiently substantial"
portion of "Nae Slappin," a 3-1/2-minute composition that
"demonstrates the plaintiff's impressive guitar skills," to be a
protectable "fragment" of the work.
She also said that even if the riff were protectable, a
reasonable jury could not find that U2 copied it.
Rose had been seeking at 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 records under U2's label Island Records.
He claimed he had given Island a demo tape of "Nae Slappin" that
was later incorporated into "The Fly."
A lawyer for Rose did not immediately respond to requests for
comment. Lawyers for the defendants did not immediately respond
to similar requests.
The case 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;
Editing by Tom Brown)
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