Orgy singer Jay Gordon recently said the pop star Rihanna used part of the industrial nu-metal band’s hit 1998 cover of New Order‘s dance staple “Blue Monday” in her 2007 single “Shut Up and Drive” without clearing it with Orgy.
During an interview this week, the rock vocalist discussed if that could lead to possible legal action regarding the writing credit on Rihanna’s song — similar to how the rock band Paramore gained co-writing credit on pop star Olivia Rodrigo‘s 2021 smash “Good 4 U.”
However, the Orgy bandleader also seemed to recognize the murkiness of that notion, given that Orgy’s “Blue Monday” is a cover version of the original song by New Order, the English post-punk icons once known as Joy Division. They released it as a single in 1983.
“I mean, granted that New Order did that song first, right?” Gordon tells BREWtally Speaking. “We just did a cover of their song. But there was never that heavy chorus part in there. And that’s the part Rihanna used.” (via ThePRP)
He continues, “So I am a little bit curious as to — how does that work? That could be a whole revision of some laws right there, as far as I’m concerned.”
Indeed, the rocker says he’d like to “inquire about that, just to find out if — did we just lose out on a shit ton of money? Or can we make this better for bands in the future? I think if you change a song enough, you should maybe get a little bit. … Especially if somebody samples it after that. … That’s a redub of the redux.”
Gordon concludes, “If you’re gonna plagiarize someone’s shit, and you’re gonna like straight gank somebody’s music like that or whatever, you should at least clear it.” Still, he asserts that one “can’t copyright an actual drumbeat. So if there’s no music and it’s a drumbeat of any kind, you cannot copyright.”
Listen to the songs under the interview.
Orgy’s Jay Gordon on BREWtally Speaking Podcast – Feb. 6, 2023
Orgy, “Blue Monday” (New Order Cover) 
Rihanna, “Shut Up and Drive” (2007)
New Order, “Blue Monday” (1983)
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