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Elton John Song “Nikita” Not Substantially Similar to Plaintiff's Composition “Natasha”
The U.S. Court of Appeals for the Seventh Circuit found no substantial similarity between plaintiff Guy Hobbs' song “Natasha” and the Elton John/Bernie Taupin composition “Nikita.” Hobbs v. John, 12-3652. “Natasha” is about Hobbs' brief affair with a Russian waitress. “Nikita” portrays the protagonist's sighting of a woman behind a geo-political “Cold War” wall about whom he sings of the unlikelihood of a relationship. Hobbs sent his song, without result, to Big Pig Music, which publishes John/Taupin compositions. The U.S. District Court for the Northern District of Illinois dismissed Hobbs' copyright infringement suit against John, Taupin and Big Pig.
Affirming, the Seventh Circuit initially noted: “Hobbs relies solely upon his 'unique combination' theory. Hobbs contends that the unique selection, arrangement, and combination of individually unprotectable elements in a song can be entitled to copyright protection.” But, the appeals court observed, “'Natasha' and 'Nikita' tell different stories about impossible romances during the Cold War.” Among these are that, while “Natasha” cites “the freedom [the woman will] never know,” the John/Taupin protagonist sings he will “never know how good it feels to hold” Nikita.
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