On 12 September 2007, "Rockstar" reached a new peak of #6 on the Billboard Hot 100, peaking higher than "Far Away" did, becoming Nickelback's third Top 10 hit from All the Right Reasons, their fifth career Hot 100 Top Ten overall. "Rockstar" is now the band's best selling digital single to date in the U.S., currently with U.S. When iTunes released their Top Sellers of 2007, "Rockstar" was the 14th best selling digital song of 2007, and the "Rockstar" video was the #1 selling music video on iTunes for 2007. The song climbed as high as #3 on iTunes top 100 selling songs as well as #1 on the chart of the most downloaded music video on iTunes. It has also registered on charts it didn't the first time, such as the Pop 100 Airplay. Since its re-release, the song has experienced great mainstream success, and has become active on most charts again, reaching new peaks on numerous charts like The Hot 100, the Adult Top 40, and Pop 100. The song was re-shipped to radio for ads on 5 June 2007, and a video was made to accompany the re-release. Because the song was released so close together with "Far Away" the band opted to shoot a video for "Far Away" and a video for "Rockstar" was not originally made. It entered the Billboard Hot 100, peaking at #54, during its original run. It peaked at #4 on the Mainstream Rock Tracks chart, and #37 on the Modern Rock Tracks chart. Pop charts, while "Rockstar" instead found moderate success on the rock charts. Spoken-word vocals between each verse are provided by Billy Gibbons of ZZ Top.ĭuring the song's original release "Far Away" was more successful on the U.S. and Canada, and has since been re-released worldwide. single (although later re-released) by the Canadian rock band Nickelback from their 2005 fifth studio album All the Right Reasons. Nickelback maintains that Johnston's claim should be thrown out of court because "fundamentally, the works at issue are not substantially similar to an ordinary observer."Rockstar" is the fifth U.S. Johnston is seeking damages for copyright infringement and an injunction against further infringement. Further, Johnston's complaint does not provide an explanation for "means by which could have ended up in the hands of the individual members of Nickelback" - only that the record labels had received copies in the mail. Nickelback countered, saying that their song is "obviously slower" in tempo, in two different keys (both major and minor) and in a different genre, altogether. He claims Nickelback's similarly-titled hit from its 2005 All The Right Reasons album, contains similar "tempo, song form, melodic structure, harmonic structures, and lyrical themes." While "Rock Star" didn't garner Snowblind Revival much airplay, Johnston claims Nickelback had access to it based on the label's possession of the recording and his own band's marketing efforts. Johnston's band Snowblind Revival recorded a song called "Rock Star" in 2001 and sent copies to a number of record labels, including Roadrunner Records and Warner Chappell Music, Inc., both of which work with Nickelback. The band says that's where the similarities end. In its latest filing, Nickelback pointed out that song titles are "not protectable by copyright" and that the "commonplace lyrical theme of imagining being a rock star" is also not protected. District Court for the Western District of Texas. In August, Magistrate Judge Susan Hightower wrote that Johnston's complaint "raise his right to relief above the speculative level, which is all that is required at the pleading stage." She referred the case to Judge Robert Pitman of the U.S. The Canadian rockers say the two tracks "sound nothing alike" and that the plaintiff, Kirk Johnston, could not identify in his complaint "any specific lyrical similarities between the works at issue he could only conceivably point to the titles of the two works and 'lyrical' themes." Almost a month after a Texas musician made news with a lawsuit accusing Nickelback of plagiarizing its 2005 mega hit "Rockstar" from a song he wrote a few years prior, the band has issued a reply in new court documents.
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