The Radiohead “Creep” lawsuit history actually covers two separate disputes: a 1993 claim brought against Radiohead by the songwriters behind The Hollies’ 1974 single “The Air That I Breathe,” and a 2017–2018 claim brought by Radiohead’s own publisher against Lana Del Rey over her song “Get Free.” Both ended in private settlements. Neither produced a court ruling.
The 1993 Claim Over “The Air That I Breathe”
Thom Yorke wrote “Creep” in the late 1980s, and Radiohead released it on their 1993 debut Pablo Honey. Once the song became a worldwide hit, Rondor Music, the publisher of “The Air That I Breathe,” contacted Radiohead’s publisher Warner/Chappell on behalf of songwriters Albert Hammond and Mike Hazlewood, alleging that “Creep” borrowed substantially from the earlier song.1Far Out Magazine. A Musical Analysis of Why The Hollies Are Credited With Writing Radiohead’s Creep
The two songs share an unusual I-III-IV-iv chord progression that musicologists have described as atypical in popular music. Radiohead guitarist Jonny Greenwood later acknowledged that Yorke had reworked a bridge section of “Creep” to more directly reference the melody of “The Air That I Breathe” after bandmate Ed O’Brien noticed the shared chord structure.1Far Out Magazine. A Musical Analysis of Why The Hollies Are Credited With Writing Radiohead’s Creep
The matter never reached trial. It settled out of court in 1993. Under the settlement, Hammond and Hazlewood received co-writing credits on “Creep” and a share of the song’s royalties going forward.2Lost in Music. Hammond and Hazlewood vs Warner Chappell Music The agreement reportedly included past royalty payments as well, though the financial terms were kept confidential, and Radiohead admitted no liability.3The Quietus. Music Plagiarism: Radiohead and Lana Del Rey Ever since, “Creep” has carried seven songwriting credits: the five members of Radiohead plus Hammond and Hazlewood.1Far Out Magazine. A Musical Analysis of Why The Hollies Are Credited With Writing Radiohead’s Creep
Hammond described the resolution in a 2002 interview. “Radiohead agreed that they had actually taken it from ‘The Air That I Breathe,'” he said. “Because they were honest they weren’t sued to the point of saying ‘We want the whole thing.’ So we ended up just getting a little piece of it.”1Far Out Magazine. A Musical Analysis of Why The Hollies Are Credited With Writing Radiohead’s Creep
The 2018 Dispute Over Lana Del Rey’s “Get Free”
Lana Del Rey released “Get Free” on her 2017 album Lust for Life, and listeners quickly noted strong similarities to “Creep.” By August 2017, Warner/Chappell had opened private discussions with Del Rey’s representatives about the overlap.4Variety. Radiohead’s Publisher Denies Lana Del Rey’s Claims in Creep Copyright Dispute
Those talks became public on January 7, 2018, when Del Rey posted on Twitter that Radiohead was suing her. She wrote that the band’s lawyers had been “relentless” and were demanding 100 percent of the publishing royalties for “Get Free.” She said she had offered up to 40 percent and been refused. “We will deal with it in court,” she wrote.5Rolling Stone. Radiohead Publisher Issues Statement Refuting Lana Del Rey Lawsuit
Warner/Chappell disputed nearly every element of that account three days later. A representative stated that “no lawsuit has been issued” and denied demanding 100 percent of the publishing, saying the publisher had instead asked that the use of musical elements from “Creep” in “Get Free” be “acknowledged in favour of all writers of ‘Creep.'”6BBC News. Radiohead Publisher Denies Suing Lana Del Rey The statement confirmed the negotiations had been running since August 2017 and characterized them as a discussion, not litigation.7Billboard. Radiohead Publisher on Lana Del Rey Creep Negotiations
Del Rey had a plausible defense drawn from “Creep” itself. Because the shared chord progression traces back to “The Air That I Breathe,” her side could argue it was not unique to Radiohead in the first place. Musicologist Joe Bennett noted that the same progression also appears in David Bowie’s “Space Oddity,” and that proving copying rather than independent creation is inherently hard: “It’s pretty much impossible for anyone to infer creative intent only from listening to music.”8Joe Bennett. LDR vs Radiohead
The dispute closed roughly two months after Del Rey’s tweet. Playing Lollapalooza in São Paulo in March 2018, she told the audience: “Now that my lawsuit’s over, I guess I can sing that song any time I want, right?” No settlement terms were disclosed. At the time of the BBC’s reporting, the writing credits for “Get Free” had not been updated on the ASCAP database, and the song remained on streaming platforms.9BBC News. Lana Del Rey Says Radiohead Copyright Claim Is Over
Why Neither Case Reached a Courtroom
Chord progressions on their own generally do not receive copyright protection. What is protectable are the specific melodies and lyrics built on top of them. That distinction shaped both disputes. The melodic overlap between “Creep” and “The Air That I Breathe” was narrow, roughly four bars of an 88-bar song, while the overlap between “Get Free” and “Creep” was far more extensive.3The Quietus. Music Plagiarism: Radiohead and Lana Del Rey
Both cases ended in private settlements, which is typical of the music industry. Commercial resolution avoids the cost and unpredictability of trial. It also means no binding precedent came out of either dispute, and the question of where a shared chord progression ends and protectable melody begins is one that the “Creep” litigation, on its own, never answered.