Del Rey confirmed the news on Twitter yesterday (7 January) and revealed that Radiohead wanted 100 percent of the royalties for her song.
The singer explained that she had offered the band 40 percent of the royalties, but Radiohead declined.
Del Rey wrote: “I know my song wasn’t inspired by Creep, Radiohead feel it was … Their lawyers have been relentless, so we will deal with it in court.”
An official complaint has yet to surface and Radiohead has has not commented on the lawsuit.
Angela Jack, associate at intellectual property law firm EIP, commented: “In the UK, to bring a successful case for copyright infringement, Radiohead would need to show both that Get Free is derived from Creep and that it is similar to it —this would require expert evidence on chord progression and similarity of tune, although on first listening it seems unlikely that they will have any difficulty on this second point."
"On the first point, it is sufficient for copyright infringement even if the work is a subconscious derivation and the infringer does not consciously realise that they are copying the work. Given this low threshold and how well known Creep is, I am not surprised that Lana Del Rey has already offered to pay Radiohead some of the royalties from Get Free.”