Sound And Vision: Beyoncé's "Plagiarism" Controversies — Has She Been Caught Stealing, Or Is She Paying Homage (Again)?

posted in: Music News • Pop

Beyoncé is having a rough 2011. I don’t know how she felt about turning thirty on September 4, but if she’s as career-obsessed as I suspect she is, it was probably the least of her concerns. Yes, 2011 has not been without a few triumphs: She rocked the Glastonbury Festival in June, and she set a Twitter record for “most tweets per second recorded for a single event” (8,868) when she announced at the August 28 MTV Video Music Awards that she is expecting her first child with husband Jay-Z.

But by October, even that bright spot was mired in controversy when Beyoncé’s baby bump seemed to collapse as she sat down for a couch chat during an Australian TV appearance. A faked pregnancy? Stranger things have happened”like an underperforming Beyoncé album. Despite debuting at No. 1 with 310,000 copies sold its first week in June, Beyoncé’s fourth solo album, 4, has sold below expectations while failing to launch a major hit single.

But collapsing baby bumps and album sales might be small-time woes compared to the accusations of theft and copyright infringement that continue to dog the singer.

In the past, she’s been accused of contributing minimally to the creation of some of the songs for which she receives songwriting credit, and in 2005, she was sued (albeit unsuccessfully) for copyright infringement for her 2003 No. 1 hit “Baby Boy.” Then in 2006, Destiny’s Child‘s “Cater 2 U,” for which Beyoncé and her group mates were listed as co-writers, was at the center of another copyright infringement suit, which was settled out of court.

Meanwhile, as her iconic VMA-winning video for “Single Ladies (Put a Ring on It)” was racking up accolades, it also was being criticized for being too inspired by a 1960s routine by legendary choreographer Bob Fosse. More recently, her performance of “Run the World (Girls)” at the Billboard Music Awards in May received both thunderous applause and a round of critical boos”the latter for using elements from Italian dancer Lorella Cuccarini’s performance last year at the Sanremo Music Festival. Now, part of her new video for “Countdown” is being labeled a knock-off of “Rosas danst Rosas,” a contemporary dance work from Belgian choreographer Anne Teresa De Keersmaeker, and Beyoncé is being accused by some of plagiarism, with De Keersmaeker herself threatening a lawsuit.

A few years later, an unknown singer named BC Jean revealed that Beyoncé’s 2008 hit “If I Were a Boy,” for which Beyoncé did not receive a songwriting credit, was Jean’s song and that her recording had been rejected by her record label before being pitched to other more-established singers by co-writer Toby Gad, presumably without Jean’s involvement. She received a co-writing credit with Gad, but the damage may have been done. Although Beyoncé very well may not have been aware of the genesis of “If I Were a Boy,” God knows she didn’t need to be anywhere near another publishing controversy.

“Clearly, the ballet ‘Rosas danst Rosas’ was one of many references for my video ‘Countdown.’ It was one of the inspirations used to bring the feel and look of the song to life,” Beyoncé responded in a statement. “I was also paying tribute to the film Funny Face with the legendary Audrey Hepburn. My biggest inspirations were the ’60s, the ’70s, Brigitte Bardot, Andy Warhol, Twiggy and Diana Ross.”

I’m not really sure why Beyoncé’s detractors are so intent on destroying her credibility and creative reputation. Rappers and R&B singers have been basing hit singles on samples from other people’s records for decades, and receiving gold, platinum and GRAMMYs for it. Yes, they are legally bound to give songwriting credits to the artists from which they sample, but does Beyoncé have to flash a disclaimer across the screen every time she busts somebody else’s move in a music video or TV performance?

She’s not the first performer to take an underground idea and bring it into the mainstream. Was Michael Jackson guilty of plagiarism every time he performed the moonwalk? Is krumping a crime for which Chris Brown can either pay up or get locked up for real this time? Should we round up LMFAO and haul them off in handcuffs for lifting bits from the film 28 Days Later for the “Party Rock Anthem” video and populating it with people doing the Melbourne shuffle?

Madonna did some borrowing of her own twenty years ago with her “Vogue” single and video, and Lady Gaga, her supposed replacement as pop’s leading lady, has made much of her career about mimicking the very singer she’s supposed to be replacing. Shall we start throwing stones at Katy Perry for naming her 2011 No. 1 single “E.T.” when film director Steven Spielberg went their first with his 1982 film?

If anything, Beyoncé should be complimented for having good taste in source material. “Countdown,” itself partly based on a sample from Boyz II Men’s great 1991 No. 16 Hot 100 hit “Uhh Ahh” (I think I still have the cassette single somewhere), is one of the most inventive pop videos I’ve seen since Ke$ha flirted with James Van Der Douche”I mean, Beek”in “Blow” (yes, I’m serious). It’s not as if the entire video rips off De Keersmaeker’s work; Beyoncé incorporated just one twenty-second sequence of a ten-minute routine into the clip.

Is that a crime”creatively or legally? As far as I know, there has been no comment from Beyoncé claiming ownership of the choreography (though a shout out to the people who inspire you is always welcome), and if this results in more international recognition for De Keersmaeker, I’m sure she won’t be complaining about having to share her moves with Beyoncé, whose “plagiarism” should be good for business.

But pop’s sampling queen might just have to ride out her phase as the whipping girl of the moment. By this time next year, she’ll be a new mom (hopefully) and perhaps back at the top of the charts (hopefully) and still sampling good ideas (undoubtedly). And maybe the critics will be too busy tearing down a different pop star to even notice.