Radiohead's publisher says there is no “Creep” lawsuit against Lana Del Rey

Radiohead's publisher, Warner/Chappell, said on Tuesday 9 January that no lawsuit has been issued against Lana Del Rey over “Get Free”, two days after she said the band were taking her to court for all of the song's publishing. The song closes her 2017 album Lust for Life, and the publisher says its verses use musical elements from the verses of “Creep”.

Warner/Chappell has been in talks with Del Rey's representatives since August, and says all it has asked for is that this be acknowledged in favour of every writer of “Creep”. Its statement adds that no lawsuit has been issued and Radiohead have not said they “will only accept 100%” of the publishing of “Get Free.”¹¹

The row had gone public on Sunday 7 January, when Dan Wootton's showbusiness column in The Sun reported, from an unnamed source, that Radiohead might sue. That afternoon Del Rey confirmed it on Twitter. It’s true about the lawsuit. Although I know my song wasn’t inspired by Creep, Radiohead feel it was and want 100% of the publishing³. She had offered up to 40 per cent over the past months, she wrote, and since the band's lawyers had been relentless it would be settled in court. “Get Free” is credited to Del Rey, Rick Nowels and Kieron Menzies. Radiohead's representatives declined to comment.

On stage at the Pepsi Center in Denver that night, the second show of her LA to the Moon tour, Del Rey called the song a personal manifesto and hinted that it might be left off future pressings of the album. That, she said, was probably the last she would say about it.

The writers of “Creep” include Albert Hammond and Mike Hazlewood, whose “The Air That I Breathe” was a hit for the Hollies in 1974. After their publisher took action over the likeness, they were given a credit on “Creep” and a share of its royalties in a settlement out of court. Hammond said in 2002 that they took only a small share because the band were straight with them. Because they were honest they weren’t sued to the point of saying “we want the whole thing”¹⁰.