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Per swears to tell the truth; takes witness stand; and sings - literally!

Written by Lars-Erik_Olson on October 15, 2002 to .

LONDON - A songwriter went to court on Tuesday claiming Swedish pop group Roxette stole one of his songs, robbing him of potential earnings and causing him “seven years of emotional trauma”.

  Stephan Malmstedt, a Swede living in London, told Britain’s High Court his compatriot Per Gessle, Roxette’s songwriter, copied the tune of the band’s 1994 hit “Sleeping in my Car” from one of his own songs, “Jenny and I”. He appeared in court without a lawyer, and cross-examined Per Gessle himself.

  Malmstedt says he sent a copy of “Jenny and I” to Roxette’s record label EMI in 1991 and that it must have found its way into Gessle’s hands.

  Gessle, who formed Roxette with fellow Swede Marie Fredriksson in the mid-1980s, denies the charges.

  The judge was treated to recordings of both songs in the normally austere courtroom in central London.

  The case continues.

97 comments

Valeria said on :

Per is sooooo cool in this picture!!!

*Valeria*

LittleGirl78 said on :

Malmsted is a looser, he comes without proctor, he´s a fool.
And Per is so cool he´s sad of the question “How find he the Song “Jenny and I”” He´s happy to isn´t the song from him. Per is so cool, I find the thing funny.

Santi said on :

Can any musician tell the melodies don’t sound alike in the chorus?? I guess not.
Just for you to know, Oasis songwriter Noel Gallagher was sued by a very simillar thing (twice)and he lost, and in the case “Whatever” against “How sweet to be an idiot” (Neil Innes) just the line “I’m free to do whatever I” sounds like “How sweet to be an idiot”, the rest of the song is completely different.
If expert musicians decide they sound alike enough, I don’t see any problem in Swedish music tycoon Gessle paying some money to a poor musician. He’s not gonna be poorer.
I think you shouldn’t make fun about that of he not having a lawyer... Do you mean with that that Law can be bought and you’re happy about it????
I doubt a lot Per Gessle copied it, even if Malmstedt might be thinking it’s pretty strange he sent the tape and this was the last miracle happening to complete the CBB recording. But I also doubt a lot Gallagher listened to musical theatre as “How sweet to be an idiot”.
The most important here is that the poor guy had the copyright of that melody and it’s probable Gessle never heard it before, but he came up with the idea later, took a lot of profit and that’s not fair at all.
And sorry everyone for open up your eyes...

Signed: An amateur musician.

SugarBabe said on :

I can’t believe that!!!
Shut your mouth Malmstedt..Per hasn’t stolen your “SONG”...
Per i love you honey!
Niky*

gyllene_tjej said on :

Forget this Malmstedt jerk, take a look at Per... RRRR wat a elegant darrrrling! *drooling* Luv u Bunny! :)

BigRoxfan said on :

Per, when you smile baby you do the Hocus Pocus to me!!!

Nice pic, tyoical London weather...hehehehe eeeeek Per was or still is in London!!!! Big Big HUg to you, you Swedish dish!!!!
WE are all behind you, we know that SIMC is YOURS!!!

ROXETTE!! CLAP CLAP CLAP!!!!ROXETTE CLAP CLAP CLAP!!!!

CRIZ said on :

I just laughed my head off about the article in Expressen...Per..Du är kung!!! Hope your cold get’s better soon...*giggle*

Malmstedt go home!

Ferdan said on :

If this “person” wins..... Per could easily sue The Offpring for stealing the Do you get excited? riff and base in their song Defy you. Those songs have more points in common than that stupid Jenny and I with Sleeping in my car.

Jud (moderator) said on :

what about jeannette rock my life? ;)

jobarth said on :

@Santi:

Malmstedt’s song “Jenny and I” is written in a totally different style.

Convince yourself:

http://stage.vitaminic.co.uk/stephan_malmstedt/singles

Per’s comment in the booklet of “The Greatest Hits album” on SIMC:

“Went straight home, really pissed of, came up with this Neanderthalriff and wrote it in an hour. We recorded it very fast with different musicians and it was like becoming five years younger again...almost slim...haha.”

I think that doesn’t sound like a robbed song!

Santi said on :

Just the melody in the chorus is enough. I gave that link yesterday, you can watch it in the previous article about it, and I do know well the song, have listened to it many times. The chorus melody line is very similar...

Santi said on :

And I’m not saying he copied it, it’s a matter of copyrights!!

steven said on :

How cliched is that UK picture? :)

Rain and red London Buses :)

Denstandigaresan said on :

If he’s taking Per to court, he better take Mobias Loop with them! He copied the song a few years ago... with Julie Zee.
I gather, the song was released, but was soon taken off the shelves as they had not sought out the copyright.

It’s a friggin’ joke. This guy is seriously gone in the head! The only reason he’s keeping this going after having it thrown out of court twice is, if he does win this time, he’ll use that... “Oh, i’m so good me, I can win against a pop star in court... OH MY HUGE EGO!!”
Pffffttt!

Denstandigaresan said on :

@Santi... I hummed a song as the age of three, my mum reckons it sounds like Fireworks... Oh I know, i’ll sue Per, loose twice, go for a third time lucky...
But Per should still give me money... cuz I’m poor and he’s not!

Give it up aye. By paying him off, he’d have won... Like Per has something to hide.

The guy was obviously never good enough! I’ve never heard of him!
He just can’t admit he’s wrong... easy way to make a few bob he thinks aye.

Fernandinha said on :

Maybe I should start to laught now. “Seven years of emotional trauma” C’mon Malmstedt you need a psychologist. You are a looser my dear.
You need money? Go to work. Per worked very hard to be so famous and so loved by your fans. Do you know why we love him? Because he’s honest on his attitudes , he’s truthful, something that you need to learn to be.
Per don’t need to steal your song or you money.
Malsmstedt I suggest you to listen The weight of the world to learn how to write a song and after how you will be more depressed as now, you can go to a psychiatric hospital and intern your self.
Ah Malmstedt I forgot to tell you : Do what you want but harm no one (by Per Gessle the genius)

Fernanda, 23 - Brazil

daniel_alv said on :

how stupid is he? go to court against Gessle and EMI without a lawyer

Santi said on :

No, you can’t do that. Should have a copyright that proved you owned that melody, and you have not. But this guy sent the tape to EMI, so he would have the copyright... and copyrights are sacred for EMI... :DDDD
You don’t have a point in it :DD

DaminehGessle said on :

@ Denstandigaresan: Just cause one is not famous, doesn’t mean he is not good.
@ Santi: I don’t know about EMI but once you mail a document, it’s copyrighted and you can sue anyone who uses it. As a matter of fact, here, when we write essays or design tools or anything same for musical pieces, we register-mail it to our own address. So what I do is put my document in an envelope and mail it to myself. In that case, I have the right to sue anyone using it. Just to let you know :)! No matter how dumb or poor or unknown i am.
I totally agree with everyone that this guy is nuts. He could be right though. Let’s be fair. I have loved Per crazily for 16 years now in my 22 years of existance. Let’s not forget he is a human being. People make mistakes. Per is not God. He used to be my God up until a few years ago. I still adore him but it doesn’t mean I can totally deny the fact that he CAN make mistakes. I am not saying he stole the song. I’m just saying anything is possible. Put yourself in that dude’s shoes.

IceAngel said on :

Nice suit Per!

Alesvenska said on :

what means cross examinated?
can anybody expain to me?

Tack!!

LittleSpooky said on :

Ales: Cross-examined is this:

The defense asks questions, in which Mr. Gessle answers. The prosecutor (in this case Malmstedt himself) has a chance to ask their own questions in the case.

Marc-Bergwerk said on :

Hahahahaha. This is probably the biggest joke I’ve ever heard. can anyone imagine a talented artist like Per Gessle who owns thousands of good songs coping someone else’s song? Fishy! Bulshit. Certainly the guy just wants to get attention and get promoted. Poor guy, he’s about to find out he’s damaging his useless image... Roxette is Roxette and end of conversation.

vivien said on :

The music expert Guy Protheroe said yesterday on the court that he doesn think that Per has stolen the song because the songs aren’t really similar.

vivien said on :

@Santi
Why should pay Per to Malmstedt.
It’s not enogh cause that Per is rich and S.M. not.
I not about the money , it’s about the truth and Per hasn’t stolen anything.

Jud (moderator) said on :

what i wonder is.. Ok he says he sent the tape to EMI, by registered mail, but how do you prove that the tape inside contained Jenny and I and not any other of his songs?
I just want to know - I have sent many registered stuff and well... nowhere I have had to write what the envelope contains. Know what i mean?
Just wanna know if in demo-tapes the process is different or what

Santi said on :

Just because Stephan owned the melody before. Imagine you write a song and go to copyright it, pay your euros or “dina kronor” for doing that (because you DO PAY to copyright things and this way your creation is protected), everything’s safe...
Then here it comes a Britney Spears that releases her new album and the first single... OMG the chorus sounds very much like my song! :o But my song was protected in advance!!! So I DO OWN the copyright for that melody and she’s taking the money... just because she’s well known or beautiful?? I’m pretty sure you will be glad with Britney taking your money, the way you’re talking...
But there are some people who knows their rights, and if I own a melody and Ms. Spears is taking my money, maybe I think that’s not fair and I sue the person who the CD says that had written the song...
Tell me who’s the AMATEUR, the one who fights for their rights or the one who would be as fool as even go and buy the single...?

Santi said on :

And I’m not saying Per has stolen anything!!!!! Don’t get me wrong!!! Many people come to the same ideas by different ways, just look telephone invention history!!!
I’m just saying the melody COULD BE similar or sound pretty much alike, but Malmstedt OWNED IT IN ADVANCE. That’s why. I’m pretty sure Per Gessle had never listened to that song before, and he didn’t copy anything from him, but that melody was copyrighted :o!!! Copyright means that you can get cash if your invention is used by any mean, and the chorus is the most important part of a song.
Anyway I’m not the one to say if they sound alike or not, that’s the court that has to decide, but the man has his right to try it at least.

vivien said on :

And I do know what copyright is, but according to Guy Protheroe who is an English music expert and lots of others, the two songs are not similar enough .
Protheroe said it in front of the court yesterday .

Santi said on :

What d’you mean with “You are a “second kind”“? As someone sang.... I am the one and only, nobody I’d rather be!! :DD

(And I’ve never bought a Britney’s single, if you meant that)

Santi said on :

With that money to look good is as easy as make everyone believe her in case she stole my song...

WimM said on :

Per is a good songwriter , i don not believe that he needs this kind of songs to write a hitsingle !

We will see what wil come out of the trial !

Kind regards wim

exceland said on :

’ seven years emotional dilema!’ my backside! i dont think so, by the way, does anyone know what he could face if he doesn’t win?

ditroia said on :

Hi Guys Here’s a few thoughts.

I believe this is the 3rd time this guy is suing per on this matter and in an article last year stating that malmstedt was bringing this trial into UK court after moving to the UK that infact he still owed (and perhasp still owes) Per money for court costs.

he might 100% believe that Per copied the song from his demo, which he sent to emi. Firsts of all this was 1991, EMI must have had hundreds of demos sent in by 1993/4 when the CBB album was in it’s final stages and we are expected to believe either

a. Someone in EMI sent him the demo for Jenny and I sometime between 91 and 93.

b. that per went wading through EMI’s archives looking for some Ideas.

Therefore where is the proof that at anytime per got his hands on the demo tape (or a copy) and listened to Jenny and I

and then wanting another song for CBB per somehow crafted a song out of Malmstedt’s demo, and passed it as his own.

Are we supposed to believe that Per having written thousands of songs since 1978 could not write one of his own and would be devious enough to steal somones idea.

No I don’t think that happened.

What I think happened is that this Malmstedt sent his demos to emi without success, then one day hears SIMC and Believes Per’s stolen his idea. then he reads the liner notes of DBUGTTC and thinks Ha how cou;d somone write a song in a night ( but per has also mentioned he wrote two songs in one day in canda i think in the liner notes, therefore sometimes a fast writer).

So He’s Angry, too upset and blind to see, that even if the songs sound similar, that these things happen, that perhaps both being swedish songwriters they have simialr styles, that perhaps Malmstedt once heard some roxette songs and was influenced by per’s songwriting.

So why doesn’t he sue EMI for collaborating with per. No EMI is too strong and has too many lawyers plus he can’t proove any connection.

So he goes after per, hoping to try and taint him and then perhaps per will settle out of court.

then he may think that the swedish courts will be sympathetic to Per so he moves to london and Brings it up in their courts.

Maybe he’s just Jealous.

Dave

P.S. Gee I should Defend Per, i could get paid in records etc :)

Fernandinha said on :

I’m still thinking that Malmstedt needs a psychologist. His song should be GIMME GIMME SHOCK TREATMENT. That’s what he really needs

Fernanda - Brazil

Marie_J said on :

That man needs publicity. There’s no better way for him to get it!

tevensso (moderator) said on :

An independent expert judged the songs totally different yesterday. It will take up to a week for the court to reach a verdict.

zeeshan said on :

A guy who could produce songs like THE LOOK, It Must have been love, Listen to Your heart, ATAY, Wish I could fly, Vulnerable, What’s she like?, Big Love, Salvation and many many manyy more.. would not need to “steel” work from any other. I think and believe that Mr. Per H. Gessle is a BRILLIANT person. After getting a WORLD WIDE fame he would not like to have a black spot on his white shirt (whatever that means! ;))

Mr. Malmsted is unknown to many of us. Maybe what he is telling is true but very very unlikely.. let me add another “VERY”.

Zee

wendy said on :

Don’t blame Santi :( I know what he means,...there are already so many songs,i think it’s hard to make a new song that sounds very different from all the others that already exist.
it’s like me,when i think about doing something new with my hair,and i see someone with the same a bit later,i also feel like their “stolen “my idea,the only difference,on hair you can’t take a copywrite :DDD

Ferdan said on :

If you santi think these songs are the same..... why don’t you say that with the ending of I don’t want to miss a thing of Aerosmith and Per’s I want you to know..

Santi said on :

Because I can’t stand that song till the end :DDDD (Aerosmiths one ;))

Santi said on :

That you say has nothing to do with copyrights, and many of you get it wrong... it’s not the song, it’s THE CHORUSES:
Melody-> sound alike
Harmony-> Pretty similar
Even songwriters association of Sweden said...

Santi said on :

By the way, if you listen to it again, the melody saxofon is playing in the end of Jenny and I... c’mon, you could say guitar arrangements for Sleeping in my car are the same in some licks...
That can only happen if the harmony is identical and the mood and melody of the CHORUS is similar...

Santi said on :

@Zeeshan: Try listening to “U’ve got the look” by Prince and “What about love” by Heart...

@Anonymous #1: You should realise it’s not only Per had talent and all that you said... LUCK! There’s luck involved in every star career. Most musicians never get anywhere, never get known. You need luck, The Look was luck, Billy was luck, if you don’t believe it ask Mr. Per Håkan Gessle.

@Anonymous #2: I don’t have anything to do with that Stephan, I don’t even like his songs nor do I know him. I’m just defending the rights of unknown songwriters, because even if many of you don’t realise, everyone has rights and Per Gessle is not more than another songwriter.

@Vivien: Second kind meant you would go and buy the single... :o
And no, he’s not my boyfriend, I’ve got a very nice girlfriend and I don’t need anything else.

vivien said on :

@Santi

Maybe you´ve missed that this is Stephens 3rd try, and according to swedish music experts, Guy Protheroe english expert and to the swedish court the songs aren‘t enough similar.
It´s only Malmsteds who says that the song was his .
It´s not enough...

Santi said on :

@Vivien... maybe you missed I’m just saying the guy has his right to do this... He believes there are similarities (me too), so... where’s the problem?

I’m very disappointed reading some posts in this discussion. Some people just can’t understand that the way to stardom is very hard, and not everyone can get to be a well known musician or composer.
Some are really fundamentalist (Per is not god) and I thought people here liked their music (that’s what Roxette means to me, very nice music)... :(

Jud (moderator) said on :

Oh cmon! leave Santi alone! :)
He is just trying to say that for copyright laws it doesnt matter if Per listened to the song or not before writting Sleeping in my car.

Put this with software. You come up with an idea of a programme that you think is brilliant and you go and copyright it.
Some months later or even years, somebody like Microsoft come up with the similar programme and make milions of $ selling it. Then you think that YOU had the copyright on that software before.
You have all the rights to go and take Microsoft to court, even if the person who programmed that software has nothing to do with you and has never heard of your idea. Thats the nature of copyright!

You come up with an idea and you go and register it just in case somebody else comes up with same idea, then since you were the first, you can take to court and others who come after you with same idea. Those others might have never heard of your idea before, but they will have to pay if they use it.

So with this song it is the same. That guy thinks that his song sounds like Sleeping in my car, leave alone the lyrics, just listen to the MUSIC, melody.
He copyright-ed that melody and later Per comes up with the same (again, this doesn´t mean Per listened to the song!!) melody, but without knowing that that melody was copyrighted.

THIS is what they are trying to find out now, if the melody is similar enough as to go against copyright laws!

I would doubt that Per has copied it, he is talented enough as to come up with his own ideas. But as Santi tries to say, this won´t be any excuse for the judge when it comes to copyright, if that guy copyrighted that melody AND the court decides Pers one is too similar, then Per has to pay for that.

Santi is just trying to explain this, he is not saying Per copied it, just trying to explain how copyright works!

CanadianRoxboy said on :

I haven’t heard the song but it sounds to me like this guy is an ass.

what can we as Roxette fans do about this idiot.

hmmm...

in other news

MARIE IS OKAY.

CDNRXBY

infofarmer said on :

hey, guys, that’s the way to meet per!

wendy said on :

I know that this doesn’t make sense anymore ’cause LEO has deleted some messages,but vivien,(you probably know what you’ve written to me) he’s my boyfriend,and his mum is a very nice women....
thank you very much.....

Santi said on :

I also have been wondering that :DDDDDDD

vivien said on :

Anonymous @ Sandra & Santi was me, but I’ve forgetten to log in.

vivien said on :

@Wendy you’re just too sensitive, I didn’t say anything wrong about Santis mum.

vivien said on :

Maybe Per has bought a new umbrella and he wanted to use it.
No rain?
Doesn‘t matters!

royalball said on :

I don’t know about you, but I have a bad feeling about this case.

wendy said on :

Well,royalball,me too :s

vivien said on :

A journalist Anders Nunstedt called Malmstedt for an ” amateur fortune-hunter” in Expressen and according to him ( and me, and almost everyone else ) he has no chance....

“Den lyckosökande amatör som återigen anklagar Gessle för att ha snott hans demo och gjort om den till “Sleeping in my car ” lär förmodligen inte ha så mycket att hämta när rätten i London avkunnar sin dom i veckan.

vivien said on :

Did anyone heard something new?

zaine said on :

yeah, when do we hear what is happening? I’m getting kinda nervous for them! does anyone know any dates???

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