Steve Winwood Defeats ‘Gimme Some Lovin’ Copyright Claims
Written September 19, 2019
The Sixth Circuit on September 17, 2019, affirmed a lower court judgment in favor of English singer and musician Steve Winwood in a copyright infringement case because the evidence of the alleged copyright infringement was inadmissible hearsay. Parker v. Winwood, 6th Cir., No. 18-5305, 9/17/19.
Parker, who wrote “Ain’t That a Lot of Love” in 1965, alleged that Steve and Mervyn Winwood lifted the bassline from “Ain’t That a Lot of Love” and used it in their 1966 hit song “Gimme Some Lovin.”
Parker’s evidence of copying included an excerpt from a 1990 interview with Spencer Davis in which Steve Winwood apparently admits to taking the bass groove, and a similar Billboard Magazine interview posted on stevewinwood.com.
The Sixth Circuit held that the former interview wasn’t allowable as an “ancient document” and the latter interview wasn’t a “party admission” because Winwood didn’t say it, and the posting of the article on Winwood’s website didn’t “manifest his adoption” of it.
Parker, who wrote “Ain’t That a Lot of Love” in 1965, alleged that Steve and Mervyn Winwood lifted the bassline from “Ain’t That a Lot of Love” and used it in their 1966 hit song “Gimme Some Lovin.”
Parker’s evidence of copying included an excerpt from a 1990 interview with Spencer Davis in which Steve Winwood apparently admits to taking the bass groove, and a similar Billboard Magazine interview posted on stevewinwood.com.
The Sixth Circuit held that the former interview wasn’t allowable as an “ancient document” and the latter interview wasn’t a “party admission” because Winwood didn’t say it, and the posting of the article on Winwood’s website didn’t “manifest his adoption” of it.