Lana Del Rey claims ‘lawsuit’ with Radiohead is ‘over’

Lana Del Rey says the lawsuit between herself and Radiohead over similarities between her song “Get Free” and their 1993 hit “Creep” — a lawsuit that the band’s publisher has denied exists — is “over.” The singer made the announcement during her performance at the Lollapalooza festival in Brazil on Sunday night, as first reported by the BBC.

“Well, f—! I mean, now that my lawsuit’s over, I guess I can sing that song anytime I want, right?” she told the crowd while puffing on a cigarette. Reps for Del Rey and Radiohead either declined or did not immediately respond to Variety’s request for comment.

In a strange exchange early in January, Del Rey revealed the dispute in a tweet, saying that Radiohead demanded 100% of the publishing revenues from the song. She said that while her song “wasn’t inspired by Creep,” she has offered up to 40% of the publishing to settle the matter. She spoke further about the situation at a concert in Denver Sunday. While Radiohead has not commented directly, Variety received a statement from the band’s publisher, Warner/Chappell Music.

“As Radiohead’s music publisher, it’s true that we’ve been in discussions since August of last year with Lana Del Rey’s representatives,” the statement reads. “It’s clear that the verses of ‘Get Free’ use musical elements found in the verses of ‘Creep’ and we’ve requested that this be acknowledged in favor of all writers of Creep.’

“To set the record straight,” the statement continues, “no lawsuit has been issued and Radiohead have not said they ‘will only accept 100 %’ of the publishing of ‘Get Free’.”

Del Rey’s comment suggests that a settlement has been reached, which is typically the case in such disputes. Prior to litigation, both sides may also engage their own musicologists to study the similarities between the two compositions. Two songs may sound similar to the untrained ear, but a musicologist may be able to show that the similarities are trivial or commonplace.

Going before a jury is a risky gamble, as proven by the outcome of the “Blurred Lines” case, in which the writers of that song, Robin Thicke and Pharrell Williams, were sued by Marvin Gaye’s estate and found liable in March 2015 for copyright infringement for similarities with Gaye’s 1977 song “Got to Give It Up.” In July of that year the jury’s award was reduced from $7.3 million to $5.3 million, although Thicke and Williams’ request for a new trial was denied; that judgment was largely confirmed last week.

Radiohead were themselves sued by songwriters Albert Hammond and Mike Hazlewood over similarities between “Creep” and their composition “The Air That I Breathe,” which was a hit for the Hollies in 1974. Ultimately the case was settled and pair were given co-writing credits on the song.

RELATED: Lana Del Rey out and about

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Lana Del Rey out and about
LOS ANGELES, CA - JUNE 13: Lana Del Rey is seen on June 13, 2017 in Los Angeles, CA. (Photo by Hollywood To You/Star Max/GC Images)
LONDON, ENGLAND - JULY 24: Lana Del Rey seen arriving at Kings Cross St Pancras Eurostar Station on July 24, 2017 in London, England. (Photo by Neil Mockford/GC Images)
Singer Lana Del Rey performs during the Lollapalooza music festival at the Longchamp Hippodrome in Paris, on July 23, 2017. / AFP PHOTO / GEOFFROY VAN DER HASSELT (Photo credit should read GEOFFROY VAN DER HASSELT/AFP/Getty Images)
HULL, ENGLAND - MAY 27: Lana Del Rey attends Day 1 of BBC Radio 1's Big Weekend 2017 at Burton Constable Hall on May 27, 2017 in Hull, United Kingdom. (Photo by Dave J Hogan/Dave J Hogan/Getty Images)
CARSON, CA - MAY 20: Singer Lana Del Rey performs during the 2017 KROQ Weenie Roast Y Fiesta at StubHub Center on May 20, 2017 in Carson, California. (Photo by C Flanigan/Getty Images)
NEW YORK, NY - MAY 02: Lana Del Rey seen out in Manhattan on May 2, 2017 in New York City. (Photo by Robert Kamau/GC Images)
LOS ANGELES, CA - SEPTEMBER 06: Lana Del Rey is seen on September 06, 2016 in Los Angeles, California. (Photo by Stone-e/Bauer-Griffin/GC Images)
SAN FRANCISCO, CA - AUGUST 07: Lana Del Rey performs during the 2016 Outside Lands Music And Arts Festival at Golden Gate Park on August 7, 2016 in San Francisco, California. (Photo by C Flanigan/WireImage)
BEVERLY HILLS, CA - FEBRUARY 28: Singer Lana Del Rey arrives at the 2016 Vanity Fair Oscar Party Hosted By Graydon Carter at Wallis Annenberg Center for the Performing Arts on February 28, 2016 in Beverly Hills, California. (Photo by Jon Kopaloff/FilmMagic)
WEST HOLLYWOOD, CA - FEBRUARY 28: Singer Lana Del Rey attends the 24th annual Elton John AIDS Foundation's Oscar viewing party on February 28, 2016 in West Hollywood, California. (Photo by Jason LaVeris/Getty Images)
LOS ANGELES, CA - JUNE 01: Lana Del Rey is seen at LAX on June 01, 2016 in Los Angeles, California. (Photo by GVK/Bauer-Griffin/GC Images)
SANTIAGO, CHILE - MARCH 18: Lana del Rey performs during the third day of Lollapalooza Chile 2018 at Parque O'Higgins on March 18, 2018 in Santiago, Chile. (Photo by Marcelo Hernandez/Getty Images)
LAS VEGAS, NV - FEBRUARY 16: Singer/songwriter Lana Del Rey performs during a stop of her LA to the Moon Tour in support of the album 'Lust for Life' at the Mandalay Bay Events Center on February 16, 2018 in Las Vegas, Nevada. (Photo by Ethan Miller/Getty Images)
NEW YORK, NY - JANUARY 28: Recording artist Lana Del Rey attends the 60th Annual GRAMMY Awards at Madison Square Garden on January 28, 2018 in New York City. (Photo by Axelle/Bauer-Griffin/FilmMagic)
LONDON, ENGLAND- NOVEMBER 12: Lana Del Rey attends the MTV EMAs 2017 held at The SSE Arena, Wembley on November 12, 2017 in London, England. ( Photo by Rune Hellestad- Corbis/ Corbis via Getty Images).
NEW YORK, NY - OCTOBER 23: Singer Lana Del Rey performs at Terminal 5 on October 23, 2017 in New York City. (Photo by Mike Coppola/Getty Images)
LOS ANGELES, CA - SEPTEMBER 28: Lana Del Rey and Jhen�Aiko at H.O.M.E. by Martell hosted by Jhene Aiko on September 28, 2017 in Los Angeles, California. (Photo by Rich Fury/Getty Images for Martell)
SAN FRANCISCO, CA - SEPTEMBER 05: Lana Del Rey performs in support of her 'Lust for Life' release at Bill Graham Civic Auditorium on September 5, 2017 in San Francisco, California. (Photo by Tim Mosenfelder/Getty Images)
LOS ANGELES, CA - JULY 27: Singer Lana Del Rey (L) and Borns attend BORNS Single Release Event at Highland Park Bowl on July 27, 2017 in Los Angeles, California. (Photo by Randy Shropshire/Getty Images)
LONDON, ENGLAND - JULY 24: Lana Del Rey seen arriving at Kings Cross St Pancras Eurostar Station on July 24, 2017 in London, England. (Photo by Neil Mockford/GC Images)
LOS ANGELES, CA - JULY 04: Lana Del Rey is seen on July 04, 2017 in Los Angeles, California. (Photo by BG002/Bauer-Griffin/GC Images)
LOS ANGELES, CA - JUNE 13: Lana Del Rey is seen on June 13, 2017 in Los Angeles, California. (Photo by gotpap/Bauer-Griffin/GC Images)
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