![]() ![]() Several industry publications predicted that “Love is a Wonderful Thing” would be a hit – “Cash Box” on August 27, 1966, “Gavin Report” on August 26, 1966, and “Billboard” on September 10, 1966. The song was not released on an album, only on a 45-record as a single. Hoping to benefit from the Isley Brothers’ Motown success, United Artists released “Love is a Wonderful Thing” in 1966. The following year, they switched to the famous Motown label and had three top-100 hits including “This Old Heart of Mine.” The Isley Brothers received a copyright for “Love is a Wonderful Thing” from the Register of Copyrights on February 6, 1964. They helped define the soul sound of the 1960s with songs such as “Shout,” “Twist and Shout,” and “This Old Heart of Mine,” and they mastered the funky beats of the 1970s with songs such as “Who’s That Lady,” “Fight the Power,” and “It’s Your Thing.” In 1964, the Isley Brothers wrote and recorded “Love is a Wonderful Thing” for United Artists. The Isley Brothers, one of this country’s most well-known rhythm and blues groups, have been inducted into the Rock and Roll Hall of Fame. The district court denied Bolton’s motion for a new trial and affirmed the jury’s award of $5.4 million.īolton, his co-author, Andrew Goldmark, and their record companies (“Sony Music”) appeal, arguing that the district court erred in finding that: (1) sufficient evidence supported the jury’s finding that the appellants had access to the Isley Brothers’ song (2) sufficient evidence supported the jury’s finding that the songs were substantially similar (3) subject matter jurisdiction existed based on the Isley Brothers registering a complete copy of the song (4) sufficient evidence supported the jury’s attribution of profits to the infringing elements of the song (5) Sony Music could not deduct its tax liability and (6) the appellants’ motion for a new trial based on newly discovered evidence was unwarranted. In 1994, a jury found that Michael Bolton’s 1991 pop hit, “Love Is a Wonderful Thing,” infringed on the copyright of a 1964 Isley Brothers’ song of the same name. Both songs have call-and-response gospel characteristics, but, after listening to the streaming clips given here, consider whether these commonalities actually point to misappropriation or rather an unconscious but legitimate homage by Bolton to the Isley Brothers. ![]() Isley and Bolton’s numbers share repeating settings of this phrase, both of which feature a long note on “love” followed by notes of much briefer duration in a descending melodic sequence on the other words. ![]() “Love is a Wonderful Thing” is a generic phrase, and the infringement claim was based on musical and not verbal similarities between the two songs. (January 24, 2001) reported that Bolton attempted to purchase from the bankrupt remaining Isley Brother (Robert) the Isley Brothers’ catalog, which purchase would have immediately ended the infringement dispute. In any event, Bolton appears to have been predictably mortified by the jury’s verdict. Harrisongs, 1976) Bolton’s taking might have been unconscious, but that this did not relieve him of liability regardless of the years between the origins of the disputed works. The court found that as with George Harrison (Bright Tunes v. The tone of the Ninth Circuit’s opinion (given here) is almost apologetic in its refusal to overturn a jury award it did not deem flagrantly unreasonable.Īlthough Michael Bolton denied having ever heard the Isley Brothers song - written and recorded about twenty-five years before his-Bolton’s earlier demonstrated admiration of the Isley Brothers’ music undermined his claim of independent creation. This is the largest damages award ever made in connection with a music plagiarism case. On Januthe Supreme Court declined to review the Ninth Circuit’s decision to uphold the District Court’s jury award of $5.4 million against Michael Bolton and Sony (the record company associated with him).
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