David Cook — “Eleanor Rigby” Plagiarism Scandal

Wednesday, March 19, 2008, 01:02 PM | David Cook

David Cook Scandal

Seattle-area band “Doxology” has accused David Cook and American Idol of copying Doxology’s 2006 Demo recording of “Eleanor Rigby” — note for note.

[quote] After much deliberation, Doxology is releasing a statement to the press. There are many reasons that the Seattle area band feels it is necessary to shed some light on recent events. First and foremost, Doxology is not angry with David Cook or American Idol. They are, however, troubled by the lack of public acknowledgement that the arrangement of “Eleanor Rigby,” used by David Cook on American Idol’s March 11, 2008 episode and its’ subsequent iTunes studio recording, is a near note-for-note copy of a unique demo arrangement recorded by Doxology in 2006. The band feels that David is a great performer, and they are also supporters and fans of American Idol (Blake Lewis, a good friend of the band, was last season’s American Idol runner up). Secondly, Doxology is in disagreement with Idol’s decision to post David Cook’s performance and studio recording on iTunes. This allows American Idol to profit from the David Cook, March 11th performance and studio recording, without crediting the source for the recording’s arrangement. This is not the first time American Idol has had to deal with this type of issue. During season 5 of Idol, Chris Daughtry used an arrangement from a band without crediting his source. To listen to Doxology’s original demo recording of “Eleanor Rigby” and additional original song selections visit www.myspace.com/dxband. [/quote]

I listened to both recordings of “Eleanor Rigby”, and yes, they are almost the same.

Listen:

Doxology

David Cook

I see American Idol trying to fix this situation tonight or next week.

53 Comments for David Cook — “Eleanor Rigby” Plagiarism Scandal

1

oh come on, they’re all COVERS. granted, it is lame when a contestant gets heaps of praise for being “original” when all they did was bit someone else’s version of a cover (e.g. daughtry), but they’re still all covers and ergo how original can any of them be?

amber on March 19, 2008 at 1:04 pm
2

I agree with amber – to complain about a cover of one’s own cover…well, you can decide.

I do think it’s a good move by the band to release a statement so they can capture some of the residual demand from David’s performance. However, I don’t think it’s quite as good a move to express disappointment in the release of David’s studio version, given that all the top 12 contestants release studio recordings of their performances and that the band’s version was heard by millions more people than would have otherwise known about it – and even David’s recording is bound to spill over and increase the band’s sales of that single. A bit puzzling to me…

larrylegend on March 19, 2008 at 1:16 pm
3

LOL. Rickey, I love the caption pics. “Lick me”/”Cheater”. Hilarious!

This news has been around for a few days now. It’s rather note for note copying so that’s a bit unfortunate.

but for me, David’s strong points in his “Rigby” performance was his powerful vocals during the chorus and not of the arrangement.

Doxology sounds much better during the verses though.

David had already tried to quelch the copycat controversy by crediting his last night’s “Daytripper” arrangement/performance to Whitesnake’s version.

I just wish that they would do that for every performance if they are copycatting a less-known version. I mean, they should know that someone somewhere out there will point out that fact.

heavyblow on March 19, 2008 at 1:23 pm
4

Hmmm, the band is troubled by a note-for-note copy of a song for which someone else wrote the notes? While I say there are certainly similarities, there should be, shouldn’t there? I mean, the song and melodies were written over 30 years ago. I hear differences in the vocals, which in this singing competition should be the difference.

richie on March 19, 2008 at 1:24 pm
5

i don’t believe it works that way larrylegend. AI should have asked the band to use their version of the song, just as AI asked the rights owners of all the other songs that are sung on there. the song by itself is not owned by this band, however the rendition is.

However- I do find it interesting that the band is on Myspace, owned by Fox. Perhaps there is some clause in the terms and conditions that allows any and all content to be used by Fox media.

I guess we’ll have to let this play out and see what happens.

seanbperiod on March 19, 2008 at 1:24 pm
6

Larry,

the band’s point was that they never credited Doxology, so there would be no way anyone would flock to their version, unlike how they flocked to Jeff Buckley’s “Hallelujah” after Simon and Randy credited him.

heavyblow on March 19, 2008 at 1:25 pm
7

Richie, it’s the note for note copying of the *arrangement*, not just the melody of the song.

Even so, the melody was altered by Doxology, which David copied. So…

heavyblow on March 19, 2008 at 1:26 pm
8

david’s better…..

DrTrish197 on March 19, 2008 at 1:30 pm
9

This is old news. It was reported on last week pretty much right after it happened.
I don’t care though.. it’s not like Cook himself said it was completely HIS idea, just like 2 years ago with Daughtry. He never claimed it was HIS original version either.

Anywho… I think it’s pretty funny.. if it had been Carly that this happened to, everyone and their mother would once again jump on that hate bandwagon demanding her to get sent home for it.
I just love double standards.

Pallaton on March 19, 2008 at 1:36 pm
10

old news. this broke last week.

anyway, as someone already pointed out, i think david already tried to do damage control this week by calling out that his version of daytripper was a whitesnake arrangement.

in the end, not a big deal.

sunnie1151 on March 19, 2008 at 1:36 pm
11

Doxology is copying off the Beatles song…word for word. I don’t see members of the Beatles complaining about that. Yet Doxology is accusing DC for copying their arrangement almost note for note. That’s silly.

maca on March 19, 2008 at 1:38 pm
12

I don’t understand this, really. Did David *know* of this unreleased DEMO recorded 2 years ago by an unsigned band?

Are the contestants supposed to know of every single version of every single song that ever existed?

If it was released on an album, sure. But a demo from an unsigned band? C’mon now.

awau on March 19, 2008 at 1:39 pm
13

I heard about this before, I thought it was over, well I think that’s why he said last night he was doing whitesnake version of day tripper.

ben4v on March 19, 2008 at 1:43 pm
14

I was wondering that same thing, awau. I mean, I certainly haven’t ever heard of Doxology before. And if this track was just on some demo from a few years ago…then yeah. Like anyone but that band (and David haters lol) care. Two different rock singers putting a more “rock” spin on an old song. Like it’s a huge surprise that the two would sound similar? lol

Oh, and I agree with DrTrish197. David is better. lol

dreamr on March 19, 2008 at 1:49 pm
15

Awau, it’s obvious that David knew of the Doxology version. The two versions’ arrangement are identical. AI didn’t force that version on him.

heavyblow on March 19, 2008 at 1:49 pm
16

I say they’re BOTH stealing from the Beatles!

*shaking head in disgust and exiting screen left*

hildegarde on March 19, 2008 at 2:00 pm
17

Old news. This broke out last week.

Did David know of Doxology’s version? Did David took the time to mention Doxology in his pre-performance package, only to have AI cut it out? Did the AI band suggested that version, and David went with?

We have no answers to these important questions. We have one side of the story here, Doxology’s, and that is it.

Personally, I can care less. I think it is silly to try and get credit for a cover, but hey, to each their own. I do hate that Doxology is partially pointing the finger at David, when (if he did use their version, which we have no idea if he did) it might not even be his fault.

Bouffe on March 19, 2008 at 2:11 pm
18

Not again. Tsk. I hope they’ve gotten more hits on their MySpace page.

GwendolynD on March 19, 2008 at 2:14 pm
19

seanbperiod and heavyblow – good points, both – I should have included that my comment was made assuming that the band would be credited on a subsequent show.

However, seanb, I must disagree with your contention that Doxology owns their rendition of the song. Section 115(a)(2) of the Copyright Act states:

“A compulsory license includes the privilege of making a musical arrangement of the work to the extent necessary to conform it to the style or manner of interpretation of the performance involved, but the arrangement shall not change the basic melody or fundamental character of the work, and shall not be subject to protection as a derivative work under this title, except with the express consent of the copyright owner.”

Now, assuming Doxology was granted a license to record “Eleanor Rigby,” they cannot subsequently claim a copyright in their rendition.

However, if no license was sought and they have claimed their version as a derivative work, then it’s a different story – one in which two outcomes are plausible – either they DO own a copyright in their version, or THEY are the infringers.

larrylegend on March 19, 2008 at 2:14 pm
20

Rickey you are crackin’ me UP with the scary Carly faces posted in every blog!! LOLOLOLOLOL!!

snuffles on March 19, 2008 at 2:15 pm
21

Rickey, those Carly bubbles are hilarious!!
The crux is acknowledgment or credit for the arrangement. When Blake performed “Time of the Season”, it was his interpretation. When The Beatles and The Rolling stones did covers, they made it their own. Doxology are just seeking some acknowledgment, rather than David Cook taking credit.

SonyaT on March 19, 2008 at 2:22 pm
22

Sorry, not to belabor the point, but an addendum to my final paragraph – I don’t believe Doxology’s version would stand as a derivative work.

larrylegend on March 19, 2008 at 2:22 pm
23

Yeah, this is old news already.

It’s a cover of a cover, there’s nothing Doxology can do but just cry about it.

smashing on March 19, 2008 at 2:25 pm
24

in my line of work it is exceedingly rare to come up with something that somebody somewhere at sometime hasn’t already thought of too. invariably the folks who make the most hay out of the idea are the ones who get the fame.

amber on March 19, 2008 at 2:27 pm
25

I see nothing wrong with what Doxology did. They’re not asking for AI to remove the iTunes listing or seeking indemnities…they’re just (wisely) using this as a great marketing tool to get the name of their band out there.

What do you want to bet that David didn’t pick the arrangement but it was suggested by producers? What do you want to bet that this now-infamous demo recording ended up in the hands of somebody related to BMG or J records as Doxology was shopping for a contract & was quietly passed on to AI producers for future reference?

baka77 on March 19, 2008 at 2:49 pm
26

I seriously doubt that AI producers would even know this doxology version.

Man, they just bare got their a$$es out of the Whitney songbook.

heavyblow on March 19, 2008 at 3:00 pm
27

Was he also influenced by Incubus’ version of Hello?

http://www.youtube.com/watch?v=KErpROnMuv8

http://www.youtube.com/watch?v=0dqfkrWHk18

I have no problem with contestants covering a modern version of an old song – but they need to state what version they are doing. For example Syesha was clear on doing the Earth Wind and Fire version of her beatles song and David A was clear on attempting the Stevie Wonder version of his song. The arrangement should be credited, so that the contestant doesn’t get the credit for an “original” arrangement that’s not original at all.

idolfan4ever on March 19, 2008 at 3:24 pm
28

How long as the band been on myspace? I can’t login at work, so don’t know their join up date.

However…if it’s before June 27th, 2006 than myspace(aka – FOX) can do whatever they want with anything having to do with the bands music. Which includes using a version of their ‘arrangement’ on a song they don’t own copyright for.

(http://en.wikipedia.org/wiki/MySpace#Musicians.27_rights_and_MySpace_Terms_of_Use_Agreement)

Also… if it goes much further, look for the Copyright owners of “Eleanor Rigby” to perhaps bring legal issues with this ‘Seattle Band’. It took 7 years for Idol to get permission to use these songs… I don’t a no-name band got it.

waggy3eb on March 19, 2008 at 3:40 pm
29

Syesha wasn’t clear about EW$F version. Randy pointed it out.

heavyblow on March 19, 2008 at 3:44 pm
30

Doxology is freakingg awesome!! love them.

allisonxD on March 19, 2008 at 3:51 pm
31

I listened to the Doxology demo last week, originally thinking that they were just trying to scam some free publicity, but, no. The instrumentals are pretty much note for note, and there is no way that is coincidental.

David should have acknowledged it like he did with Whitesnake, and it would have been okay. Oh well. At least his vocals were his own (and better).

laff on March 19, 2008 at 4:00 pm
32

Hmmm…wasn’t Blake Lewis seen hanging out with the top 12 at one point? Could he have possibly done the arrangement for that song?

lauralunatic on March 19, 2008 at 4:12 pm
33

Well..if we’re callin’ out names and placing blame…who in the H3!! arranged “8 Days a Week”?

KLC (Krispy Lee Cook) needs to point fingers at someone so that she can get as far away as she can from that horrendous disaster of an arrangement!

feaqs on March 19, 2008 at 4:19 pm
34

laura, i doubt it as blake was one of those calling out david cook last week for supposedly ripping off the doxology arrangement.

i think it comes down to whether david knew about the doxology arrangment and intentionally used it…and i don’t think he did.

michelle on March 19, 2008 at 6:30 pm
35

of course, if in the course of hanging out with top 12 blake shared the doxology arrangement with david…that’s a whole ‘nother story.

michelle on March 19, 2008 at 6:32 pm
36

Well, the good thing is surely non-rock-fans can now figure-out that not all rock singers sound the same, which is what I hear over and over on the AI boards when David is compared to Chris or when people say there’s no room for him on the market or when they say he is unoriginal – yeah, the same arguments made about Chris in S5. David and this dude sound very different (personally I prefer David’s voice).

Daisy on March 19, 2008 at 6:38 pm
37

Obviously David knew. The arrangements are nearly identical. Now, whether he decided not to tell anyone or AI decided not to mention it is a different story. The problem is, AI and David are profiting off the other band’s work without acknowledging them or paying any royalties or whatever. So they’re ripping the band off, plain and simple. I like David, but if he knowingly ripped them off, then he’s a loser.

pud333 on March 19, 2008 at 6:47 pm
38

I’d be really surprised if David heard of this band before, just because nobody has.

I will come to Chris Daughtry’s defense, though. Since the “scandal” with his cover of “Walk the Line” was actually poor editting on AI’s part. In his intro, he gave credit to Live, but it ultimately got cut from the show.

Unless AI comes out and explicitly states “David Cook lied and said this arrangement was original,” I’m going to give him the benefit of the doubt.

DJ Ryce on March 19, 2008 at 7:15 pm
39

Well, they both sound similar to this bands version from 2001 (watered down versions, but still similar IMO)

http://www.youtube.com/watch?v=yHeTOA2SgPk

awau on March 19, 2008 at 7:34 pm
40

hahaha!

A “no one” band is trying to get famous off David. Please. They can shove it.

No one likes you, Doxology.

And, yes… Im listening to the “Pain” version, and they are pretty close.

elliottisbest on March 19, 2008 at 8:04 pm
41

I agree with awau… 2001 shows there were similar versions before Doxology, so just who’s the originator of a “version” anyways??

jonidepp on March 19, 2008 at 8:05 pm
42

It does sound similar, but I wouldn’t give David too much grief. Though he should have credited Doxicology or something. But….in the end, they’re all covers.

shadow25 on March 19, 2008 at 8:39 pm
43

This is such a NON-ISSUE. There are no creative rights to an song ARRANGEMENT. Doxology did NOT write “Eleanor Rigby”. They have NO RIGHTS to that song whatsoever. I’m sure they know that too.

It’s the Beatles song. The Beatles gave AI rights for it to be performed. As far as AI and David Cook are concerned, their butts are covered.

Doxology is just making noise to bring their band media attention.

snuffles on March 19, 2008 at 9:02 pm
44

The arrangement by Doxology successfully updates this decades old classic song that I was never crazy about but feel credit should have been given for the arrangement.

Where Davids’ version excels is the texture in his vocals which sound hard-edged yet sexy….

The quality of this MP3 is better each time I give a listen. ‘Eleanor Rigby 2008′ could be receiving radio airplay, like now.

aprylette on March 19, 2008 at 11:11 pm
45

LOL, this is so not even on TPTB’s worry list.

#1) As if David Cook, a guy from Blue Springs, MO, knows of an arrangement by some unsigned obscure Seattle band.

#2) All one has to do is a quick search of iTunes to see that there are HUNDREDS of versions of this song out there, and quite a few “rock” or “alternative” ones, at that.

#3) Is it really that hard to believe that more than one modern rock act could come up with the same sort of twist on the same cover song? Especially of a song that has been covered numerous times (see #2)?

#4) This screams famewhore to me.

I could go on, but I’ll stop there. Heh.

SarahW on March 20, 2008 at 12:37 am
46

well i really don’t care. i like david cook’s voice as much as i dislike him, like i totally disliked chris way back in season 5. what i care the most is the hilarious pics of carly on almost every post. i mean seriously, who could do such “amazing” facial expressions like that. gotta give her props for that.

lol.

anoni on March 20, 2008 at 4:25 am
47

David sounds much, much much better….

mey_naomi724 on March 20, 2008 at 2:13 pm
48

Doxology, Pain, there are several bands who have done this version of Eleanor Rigby, nothing original about it. I think Doxology is simply wanting attention for their unsigned selves. I haven’t heard Incubus jumping up screaming that it was their version (and it was) of “Hello”. Idol even name-dropped Richie’s name about the song.

JewelsR on March 21, 2008 at 10:11 am
49

Did you write an article about Kristy Lee using someone else’ version of Eight Days A Week? Or maybe about David Archuleta using Eva Cassidy’s Imagine. It only seems to be an issue for David Cook. Shame on you. If you ask me they both sound a lot like the original. Doxology just wanted all the free pulicity which you all gave them. I know they finally said in AI but I believe it was just to shut them up. David also said he made his own arrangment from two versions he found. So their is difference besides the fact that Doxology’s sounds like Elmer Fudd. Hey wait did they sing Fire too?

cinel22 on April 12, 2008 at 6:10 pm
50

mey_naomi724 have you heard Incubus sing Hello? It sounds NOTHING like David Cook’s. They sing the whole song very slow and soft. David’s is much different. That is why they didn’t say anything because it is not true. I have even heard he sang Simple Plan’s version of Happy Together and they are not even close. He gave credit for the TWO times used someone else’s arrangment. Whitesnake and Chris Cornell got their props and now it is time to move on.

cinel22 on April 12, 2008 at 6:14 pm
51

I just listened to Eleanor Rigby again (thanks, Rickey). It’s so beautiful. Go DAVID COOK for the WIN!

Squirrelly on May 2, 2008 at 11:41 am
52

Michelle (#34)–It sounds like Blake is jealous of David Cook, huh? ALL OF THE AI CONTENDERS ARE SINGING SOMEONE ELSE’S SONGS ON THE SHOW. THEY ARE ALL SINGING THOSE SONGS IN THEIR STYLES, AND THEY ARE SINGING SOMEONE ELSE’S COVERS OF THESE SONGS. HOWEVER, David Cook does manage to make these songs his own, he rearranges the covers and makes them better, and sings them with a better voice, with better style, a more mass appealing style. David Cook is already a legend. He will be the next AI winner.

Squirrelly on May 2, 2008 at 11:48 am
53

ps: I liked Blake until he got a big head. David Cook for the win!

Squirrelly on May 2, 2008 at 11:49 am