If the chords had been similar, the melodies had been similar, lyrics had been similar, the metre, she would have gone, 'OK, I can see their point.' But nothing's similar." Songwriters Tommy Dunbar and James Gangwer filed suit in California's Northern Federal District Court and also name Lavigne's publishing company, Avril Lavigne Publishing, and Lavigne's songwriting partner Dr.
Luke as defendants. The Rubinoos song came out in 1979 and features the poppy chorus: "Hey, hey, you, you, I wanna be your boyfriend," much like Lavigne's more up-tempo hit, which goes, "Hey, hey, you, you, I don't like your girlfriend." McBride said he hired a musicologist to study both tracks when he received a draft of the allegations about six weeks ago.
"This one came back so solidly on our side it's just ridiculous," he said. Still, McBride, admitted that he is considering settling the suit out of court if the costs of defending the case prove too high. He noted that a similar claim against Sarah McLachlan roughly 10 years ago cost the label roughly $500,000 to defeat in court.
When Nettwerk tried to recoup the costs from the plaintiffs, they declared bankruptcy, he said. "It's a very simple case of legal blackmail. It's an unfortunate part of this business," McBride said.
"We will try and settle for costs that will be less than defending so we'd be further ahead. Emotionally, it sucks. But at the end of the day you have to take that out of it.
" Attempts to reach the plaintiffs Wednesday were not immediately successful. The legal blow is just the latest in a series of jabs that question Lavigne's songwriting claims. Winnipeg songstress Chantal Kreviazuk last month suggested to Performing Songwriter magazine that Lavigne stole one of her songs for the disc "The Best Damn Thing.
" Kreviazuk told the publication she had given Lavigne a song called "Contagious" two years ago and was surprised to see a track with the same name on Lavigne's current disc with a credit to Lavigne and songwriter Evan Taubenfeld. McBride said Kreviazuk has never even heard the Lavigne track and retracted her statement. "I know, personally, she regrets saying what she said," said McBride, adding the songs are nothing alike.
"The interviewer obviously got Chantal on a bad day." The hitmakers behind "Sk8er Boi" and "I'm With You" have also slagged Lavigne's writing credits. Songwriter Lauren Christie of the production team the Matrix told Rolling Stone that Lavigne did little but "change a word here or there.
" Lavigne has insisted the pair crafted the melodies and lyrics together. McBride said the barrage of criticism is just part of being at the top of the charts. "Everyone comes after the stars.
If Avril was not successful, they wouldn't really care," he said. If the chords had been similar, the melodies had been similar, lyrics had been similar, the metre, she would have gone, 'OK, I can see their point.' But nothing's similar.
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