Rock’n Me 20: Talking About Western Music - Plagiarism Allegations in the Case of Tom Petty

Hello, I’m Joshua, and I love talking about Western music.
For my 20th edition, I’ll be diving into some of the plagiarism allegations that have shaken the world of Western music. I say ‘some’ because this topic is so vast that I could easily write ten full-length columns on just this subject alone. If I were to broaden the discussion to include Japanese songs that have ‘borrowed’—or should I say, outright copied—Western music, things would spiral out of control. So, for today, I’ll keep the scope focused. This column will specifically look at the plagiarism allegations surrounding the works of the late, great Tom Petty (TP), an artist I deeply admire, and his band, Tom Petty & the Heartbreakers (TP&HB).

■ Plagiarism Allegation #1: TP&HB’s “American Girl” (from Tom Petty & the Heartbreakers, 1976)

This song was featured on TP&HB’s debut album. With a rhythm pattern reminiscent of Bo Diddley (commonly known as the Bo Diddley Beat) and vocals that evoke The Byrds’ Roger McGuinn, the song had an air of maturity far beyond that of a rookie band. However, this led to suspicions: “Did they steal this from Roger McGuinn?” When Roger himself heard “American Girl”, he was so shocked that he thought it was one of his own songs. However, after realizing it was by TP&HB, he personally learned the song from TP and even added it to his own repertoire, strengthening their friendship in the process.

This discussion resurfaced 25 years later with the release of The Strokes’ debut album Is This It (2001), particularly the single “Last Nite”. The song’s intro guitar and drums bore a striking resemblance to “American Girl”. When asked about it, TP simply commented, “I thought they did a good job referencing it,” and left it at that—no legal issues arose.

■ TP&HB “American Girl”

■ The Strokes “Last Nite”

■ Plagiarism Allegation #2: TP&HB’s “Mary Jane’s Last Dance” (from Greatest Hits, 1993)

Released in 1993, this song immediately captivates listeners with its intro guitar progression (Am → G → D → Am). With a music video featuring actress Kim Basinger, the song became one of TP&HB’s most iconic tracks. It was produced by the legendary Rick Rubin.

13 years later, Red Hot Chili Peppers released “Dani California” (from Stadium Arcadium, 2006), and its intro sounded eerily similar to “Mary Jane’s Last Dance”. What made this even more intriguing? The producer was none other than Rick Rubin. Both songs share the same guitar pattern: muting the open 5th string on the first beat and then strumming the chord on the second beat. While “Dani California” technically follows a slightly different progression (Am → G → Dm → Am), when I first heard it, my immediate reaction was, “Uh-oh, this could be a problem.” However, TP downplayed the allegations, stating, “I don’t think there was any ill intent. A lot of rock and roll songs sound similar.” No legal action was taken.

Later, “Little Black Submarines” by The Black Keys (from El Camino, 2011) was also pointed out for resembling “Mary Jane’s Last Dance”, particularly the electric guitar section from the 1:05 mark in the music video. While the chord progression (Am → G → D → A) is slightly different, the similarity is hard to ignore. However, I’ve never seen any comments from TP regarding this song.

Interestingly, there were also allegations that “Mary Jane’s Last Dance” itself was inspired by “Waiting for the Sun” by The Jayhawks (from Hollywood Town Hall, 1992). The intros are quite similar, and The Jayhawks’ song was released first. The chord progression is Am → G → F → F, and the first two beats of the guitar pattern are nearly identical. Adding to the suspicion, TP&HB’s keyboardist Benmont Tench played on “Waiting for the Sun”. However, TP claimed he wrote “Mary Jane’s Last Dance” in 1989, leaving us with no way to confirm the truth.

■ TP&HB “Mary Jane’s Last Dance”

■ Red Hot Chili Peppers “Dani California”

■ The Black Keys “Little Black Submarines”

■ The Jayhawks “Waiting for the Sun”

■ Plagiarism Allegation #3: TP&HB’s “Swingin’” (from Echo, 1999)

A relatively unknown California band called Paloalto released “Breathe In” in 2003—a song that sounded shockingly similar to Swingin’. Both songs are in the key of D and share the same tempo, intro guitar phrases, drum entrances, bass lines, and even modulation techniques in the B section. It’s hard to dismiss this as a coincidence. And who produced Paloalto’s album? Yet again, Rick Rubin. Additionally, both “Swingin’” and “Waiting for the Sun” were produced by George Drakoulias, a close associate of Rick Rubin. This only fuels more speculation.

■ TP&HB “Swingin’”

■ Paloalto “Breathe In”

■ Plagiarism Allegation #4: TP’s “I Won’t Back Down” (from Full Moon Fever, 1989)

This is a case where both parties acknowledged the similarities, and a settlement was reached. In 2014, Sam Smith made a dazzling debut, but his single “Stay with Me” sounded remarkably similar to TP’s “I Won’t Back Down”. Even TP couldn’t ignore this one. After behind-the-scenes negotiations, Sam Smith acknowledged the similarities, and TP, along with co-writer Jeff Lynne, was credited as a co-writer of “Stay with Me”, receiving 12.5% of the song’s royalties.

Side note: The “I Won’t Back Down” music video features Jeff Lynne, George Harrison, and Ringo Starr, making it a timeless classic.

■ TP “I Won’t Back Down”

■ Sam Smith “Stay with Me”

■ Plagiarism Allegation #5: A TP&HB Song

Machine Gun Kelly transitioned from rap to rock and collaborated with Blink-182’s drummer, Travis Barker, to produce the album Tickets to My Downfall (2020). However, one track, “Times of My Life”, was pulled just before release due to its similarity to a TP&HB song. MGK’s team reportedly sought permission from TP’s estate but was denied, leading to the track’s removal. The exact TP&HB song it resembled remains undisclosed. While I don’t usually follow rap, this album is full of pure pop-rock, featuring Travis Barker’s signature high-speed drum fills—definitely worth checking out.

As you can see, even when focusing on just one artist, countless cases of plagiarism allegations emerge. When you consider the historical context and the people involved in creating each song, the speculation only grows wilder. If this topic interests you, try looking into the plagiarism rumors surrounding that song or that other song you love—you might just uncover something intriguing.

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