Season’s Litigations: Olivia Rodrigo, the Waitresses, and the Cost of Sounding Familiar
Olivia Rodrigo has released a Christmas song, and listeners have promptly taken up the seasonal task of deciding whether somebody should sue.
“Take Me Home (4 Christmas)” recalls the Waitresses’ “Christmas Wrapping,” prompting accusations of plagiarism. Chris Butler, who wrote the older song, has complicated matters by liking the new one.
That seems like a promising arrangement. Rodrigo acknowledges an influence, Butler gets appreciation, and listeners get another “bop,” as I believe the kids are calling it these days. American copyright law should let everyone enjoy that outcome. The songs do share conversational vocals and a festive new-wave feel, but their melodies, lyrics, and chord sequences differ significantly.
But then there’s the multimillion-dollar “Blurred Lines” judgment, which made borrowing a musical style feel rather risky, despite the appeals court’s assurance that nobody owned one. Later rulings offer some comfort, but “you’ll probably win” sounds less reassuring with an estimate for legal fees attached. A friendly email starts to look like a sensible addition to the recording budget.
Rodrigo’s own friendly email initially landed in Butler’s “surely this is fake” folder. Roughly two months before the release, she emailed Butler, praised his band, and invited him to hear her Christmas song. Once he established that she was the real article, he replied enthusiastically, praised her songwriting and arrangements, and eventually met her backstage in Columbus, Ohio. MusicRadar describes an exchange with considerably more mutual admiration than the average cease-and-desist letter.
Butler later addressed the infringement question directly. Responding to demands for a songwriting credit, he wrote:
Can’t © a “vibe”. Her song has no copy of “CW”s melody/chord progression/nothing to justify a claim.
The man whose work supposedly needs defending has thus declined the internet’s generous offer to be offended on his behalf.