Tim McGraw photo courtesy of Curb Records
Aug. 7, 2008 — Tim McGraw, two songwriters, two producers and several music companies are all named as defendants in a $20-million copyright lawsuit filed by Texas songwriter James Martinez. One of the writers, Mike Reid, has been on the defense before: He’s a former NFL defensive tackle and a member of the College Football Hall of Fame.
James filed the suit in March 2007 in Corpus Christi, accusing Tim, Mike, songwriter Craig Wiseman and producers James Stroud and Byron Gallimore of ripping off his song "Anytime, Anywhere Amanda" in writing and recording the 1997 hit "Everywhere." Website TMZ.com posted the original suit on its site Tuesday after the case was moved recently to a Nashville court.
"It's one of the most absurd claims I've ever heard of," Tim’s manager, Scott Siman, told The Tennessean. "Artists can be targets for these kinds of suits, and we defend every one vigorously."
"Everywhere," a melodic song in which a lonesome traveller carries the memory of a former love to spots across America, has long been credited to Mike and Craig, who have reams of hits on their resume. After he finished his all-pro career with the NFL’s Cincinnati Bengals, Mike penned several Ronnie Milsap singles — including "Inside," "Prisoner Of The Highway" and "Stranger In My House" — in addition to such titles as the Judds’ "Born To Be Blue," Bonnie Raitt’s "I Can’t Make You Love Me" and Collin Raye’s "In This Life." He also earned a hit as an artist with "Walk On Faith." Craig’s titles include Tim’s "Live Like You Were Dying," Brooks & Dunn’s "Believe," Toby Keith’s "Love Me If You Can" and Kenny Chesney’s "Summertime," among others.
James has never been credited with a hit previously, though he points to Terri Clark’s "You’re Easy On The Eyes" as another example of one of his titles being lifted. The suit indicates he once wrote a song titled "Easy On The Eyes, Hard On The Heart," and says Terri’s song borrowed his exact phrase. It further suggests that Tim’s song "Hard On The Ticker," included on the Everywhere album, likewise was taken from his song.
TMZ called the suit a "wackadoodle" action. Copyright professor Geoff Hull, of Middle Tennessee State University, suggested that the Texas songwriter has an uphill battle to prove his point.
"I've never heard of a case — and I might be missing some — in which similarity of titles would be enough to prove access to an unpublished work," Geoff told The Tennessean, "especially when the titles are simply just common sayings and cliches."