By Gene Maddaus. Senior Media Writer. But in a ruling on Friday, U. The ruling appears to be part of a trend of cases just in the last month, in which courts are pushing back on claims of musical similarity. On March 9, the 9th Circuit Court of Appeal ruled in favor of Led Zeppelin , and overturned a legal precedent that made it easier for plaintiffs to sue. Groban covered the song in , making it an international hit. Warner Bros. Again, there appears to be no justification for deeming notes to be consecutive when in fact there is an intervening note between them. Home Music News. Apr 6, pm PT.
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After the song was performed early in by the Secret Garden and their invited lead singer, Brian Kennedy , the song only became a minor UK hit. The song has been recorded by more than a hundred other artists including American songwriter Josh Groban in and Irish boy band Westlife in whose versions were hits in their countries. Welsh singer Aled Jones recorded a successful cover in , all-female Irish ensemble Celtic Woman in as well enjoying massive world-wide success with it in They stated that the songs are 'musically identical' except for just two notes. He then admitted that the two songs were similar and he didn't know where the inspiration came from. In Helgason filed a lawsuit against Universal stating that the melody has been lifted from him without his permission. However, a desire to distance the album from the Eurovision Song Contest led to a change in vocalist. Originally, Brian Kennedy was supposed to follow Secret Garden on their Asian tour in , but Curb records couldn't come to an agreement with Universal to release Brian, and he reluctantly could not attend the tour. He was replaced by Norwegian singer Jan Werner Danielsen , who also later recorded the song together with Secret Garden.
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