Johnston had filed written objections to the magistrate judge’s conclusion, he confirmed, but having reviewed that submission “the court overrules plaintiff’s objections and adopts the report and recommendation as its own order”.Īnd so, this particular song theft action has been dismissed. At the concert, with a guitar in hand, Kroeger sang an acoustic rendition of Nickelback’s song Rockstar while Capaldi jammed along, sometimes chiming in. And as a result Hightower last month recommended the case be dismissed, stating that “Johnston has presented no probative evidence that defendants had a reasonable opportunity to hear plaintiff’s work”.ĭistrict judge Robert Pitman last week confirmed he was following Hightower’s recommendation. On Tuesday, April 26, Scottish singer Lewis Capaldi performed at the Doug Mitchell Thunderbird Sports Centre at UBC and brought a familiar face on stage.
However, magistrate judge Susan Hightower initially said she wasn’t convinced there were grounds for dismissal, though that was assuming Johnston could produce evidence that supported his claim that Nickelback might have had access to his song via their label.īut, alas, that evidence was not forthcoming. 7: Rockstar Sea Shanty (single A-side, 2021) In collaboration with The Lottery Winners, Nickelback celebrated the 15th anniversary of their classic 2006 single by turning it into a sea shanty with nautical lyrical do-overs (Everyone’s got a rum-dealer on speed dial) and a lovely fiddle solo. The band then called for the lawsuit to be dismissed on the basis they’d never heard of the earlier song or Snowblind Revival before Johnston went legal. Kirk Johnston, vocalist with the band Snowblind Revival, went legal in 2020, claiming that Nickelback’s 2005 track ‘Rockstar’ ripped off a song he had written with the same title four years earlier. Artist News Business News Labels & Publishers Legal Rockstar song theft lawsuit filed against Nickelback dismissed By Chris Cooke | Published on Monday 20 March 2023Ī US judge last week dismissed a song theft lawsuit filed against Nickelback, following the earlier recommendation of a magistrate judge who said that the plaintiff in the case had failed to sufficiently back up his theory for how the band had accessed the earlier song.
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