Your Honor, distinguished members of the court,
In 1972, the band Deep Purple released the iconic song "Smoke on the Water" [1]. The song recounts the events surrounding a fire that took place in 1971 at the Montreux Casino in Switzerland, and it subsequently became one of the most well-known tracks in the band's discography [2]. However, it is my assertion today that the composition of "Smoke on the Water" constitutes a clear case of plagiarism, specifically of Carlos Lyra’s song "Maria Moita" [3].
Upon the initial listening of the opening ten seconds of both songs, the striking similarities between the primary melodies will immediately become evident. The main riff of "Smoke on the Water" is, in essence, a stripped-down and transposed version of the original riff found in Lyra’s "Maria Moita." The melody, while altered in certain respects, retains the same key progression. It is precisely this continuation of the fundamental musical structure that renders the similarities irrefutably clear. To the objective ear, there can be no doubt that Deep Purple’s composition draws heavily from Lyra’s work.
In addressing the potential counterargument that Deep Purple could not have been aware of "Maria Moita," and that any resemblance between the songs is purely coincidental, I find this position highly improbable. In the 1960s and 1970s, South American Bossa Nova music experienced a significant rise in popularity in both the United States and the United Kingdom [4,5]. While it is true that "Maria Moita" was not a commercially successful hit in these countries, Carlos Lyra was a respected and well-known artist within the genre, and he co-wrote "Now I Know the Feeling," a song performed by Vikki Carr that charted in the United States [6,7]. Given these facts, it is reasonable to assume that "Maria Moita" may have enjoyed limited airplay in these regions, or even been utilized as background music in South American restaurants and other public spaces.
Furthermore, it is critical to acknowledge that by the time "Smoke on the Water" was written, Deep Purple had already established themselves as active participants in the music industry, and would thus have been well-acquainted with the wide array of musical influences making waves in the industry. In light of this, I find the assertion that Deep Purple had no exposure to Lyra’s work, and that any similarity is merely coincidental, to be naive and ill-informed. The members of Deep Purple, as seasoned musicians, were undoubtedly aware of the musical landscape in which they were operating. Therefore, it is exceedingly difficult to dismiss the striking similarity between the melodies of these two songs as a mere accident.
Now, let us consider the possibility that Deep Purple may have been inadvertently influenced by "Maria Moita," and that they could have subconsciously composed a riff similar to the original. This scenario is, in fact, not as unlikely as it may seem. It mirrors the situation that was argued in the case of George Harrison’s 1976 lawsuit, wherein he was accused of plagiarizing "He’s So Fine" by The Chiffons in his song "My Sweet Lord." In that case, the court ruled in favor of The Chiffons, stating that Harrison’s subconscious influence was sufficient grounds for copyright infringement. The ruling explicitly stated, and I quote: “His subconscious knew it already had worked in a song his conscious did not remember... That is, under the law, infringement of copyright, and is no less so even though subconsciously accomplished” [8].
In applying this same reasoning to the case at hand, I contend that Deep Purple, even if they did not consciously intend to replicate Lyra’s melody, may have unknowingly created a very similar riff due to subconscious influences. This kind of subconscious plagiarism, as the court has established, is no less an infringement of copyright than intentional copying.
Therefore, Your Honor, I respectfully submit that Deep Purple’s "Smoke on the Water" constitutes a direct infringement of Carlos Lyra’s "Maria Moita." The similarities between the two works are undeniable, and the potential for subconscious influence further strengthens the case for plagiarism. I trust the court will carefully consider these facts and render a just decision in accordance with the law of copyright protection.
References:
Deep Purple, Smoke on the Water, on Machine Head (track 5, 1972) (Warner Bros. Records).
Jordan Potter, Deep Purple: Was the world’s most famous riff a rip-off? Far Out Magazine (2023), https://faroutmagazine.co.uk/deep-purple-famous-riff-a-rip-off/
Carlos Lyra, Maria Moita, on Pobre Menina Rica (track 9, 1964) (CBS)
Jonathan Brown, The beat from Brazil: The Boss of Bossa Nova The Independent (2006), https://www.independent.co.uk/arts-entertainment/music/features/the-beat-from-brazil-the-boss-of-bossa-nova-481641.html
Charles Waring, Bossa nova: The history behind Brazil’s Quiet Revolution uDiscover Music (2025), https://www.udiscovermusic.com/stories/bossa-nova-history-brazil/
🎶 Carlos Lyra ••• top songs as writer ••• music VF, US & UK hits charts, MusicVF, https://musicvf.com/songs.php?page=artist&artist=Carlos+Lyra&tab=songaswriterchartstab
Singles, Vikki Carr, https://vikkicarr.com/discography-old/singles/
Bright Tunes Music Corp. v. Harrisongs Music, Ltd., 420 F. supp. 177 (S.D.N.Y. 1976), Justia Law, https://law.justia.com/cases/federal/district-courts/FSupp/420/177/1738901/
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