*A judge expressed a desire to dismiss a copyright lawsuit filed against Mariah Carey over her holiday classic “All I Want for Christmas Is You.”
During a recent hearing in Downtown Los Angeles, U.S. District Court Judge Mónica Ramírez Almadani chose not to make an immediate decision, Rolling Stone reports. The lawsuit, seeking $20 million, was filed last November by country musician Stone, also known as Vince Vance, and his co-writer Troy Powers. We reported previously that Stone claims the songstress was inspired by his 1989 song and used the same title. The lawsuit states that Stone recorded his song in Nashville, Tennessee, and it even appeared on the Billboard chart in 1993 during the Christmas season, according to TMZ.
Stone and Vance’s lawsuit states that Carey’s 1994 holiday hit is a “derivative” work of their work, citing similarities in lyrics, melody, harmonic structure, and rhythm.
“It’s not required that we show everything is identical, or that it’s virtual plagiarism. Only a certain arrangement of notes has to be unique, or the melody, or any aspect of the composition that’s copied or similar,” Gerard P. Fox, the lawyer for Stone and Powers, said Thursday, per Rolling Stone.
When he noted that two musicologists hired by plaintiffs found “substantial similarity” between the two songs, the judge said, “But it’s not just similarities, right? It’s protectable similarity.”
Carey’s lawyer Peter Anderson said the lyrics identified as “similar” included “Santa Claus” and “mistletoe.”
“These are random similarities. Five or so Christmas tropes that make these Christmas songs,” Anderson noted in prior filings.
Carey’s attorney said the plaintiffs’ case centers on a handful of “indisputably unprotectable elements.”
“They’re talking about four, non-consecutive pitches. Not notes — pitches. The notes are actually different, the metric placement is actually different,” Anderson said. “A sequence of pitches, even if they’re the same, is not protectable.”
According to Rolling Stone, the judge indicated she was “seriously considering” approving Carey’s motion for sanctions against Stone and Powers for filing a “frivolous” lawsuit. However, she chose to delay a decision and did not specify when a ruling would be made.
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