Nickelback Should Face Copyright Suit for ‘Rockstar,’ Judge Says

The rock band Nickelback should face a copyright infringement suit over its hit song “Rockstar” because a jury could find that it’s similar to a song called “Rock Star,” a magistrate judge told a federal district court.

Kirk Johnston’s complaint sufficiently alleged Nickelback’s members had access to his song “Rock Star,” Magistrate Judge Susan Hightower said Wednesday in her report and recommendation to Judge Robert Pitman of the U.S. District Court for the Western District of Texas.

Johnston said that he sent a tape of his song to Universal Music Group and Warner Music Group, of which Nickelback’s record label—Roadrunner Records Inc.—is a subsidiary. He alleged that a substantial amount of Rockstar is copied from his song, including “the tempo, song form, melodic structure, harmonic structures, and lyrical themes.”

Johnston’s direct infringement claim should proceed because his allegations, taken as true, rise above mere speculation and show Nickelback had a reasonable opportunity to hear his copyrighted song, Hightower said.

After listening to the two songs, Hightower also said that a reasonable juror could determine that they share protectable elements. Johnston must still show the similarities are substantial, she said.

But Johnston’s claim that Nickelback’s promoter, Live Nation, was liable for secondary infringement should be dismissed, Hightower said. His complaint doesn’t allege that Live Nation knew about or induced Nickelback’s alleged infringement, she said.

Jones Walker LLP and Sesha Kalapatapu of Houston represented Johnston. Mitchell Silberberg & Knupp LLP represented Nickelback. Foley & Lardner LLP represented Live Nation.

The case is Johnston v. Kroeger, 2021 BL 302875, W.D. Tex., No. 1:20-cv-00497-RP, 8/11/21.