In the chilling new horror film Heretic, actor Hugh Grant portrays Mr. Reed, who plays the iconic Hollies’ ’70s hit “The Air That I Breathe.” While he notes that his chosen victims might not recall this classic tune, he confidently asserts that they are likely to remember Radiohead’s haunting 1992 anthem “Creep.” This connection between the two tracks raises intriguing legal discussions surrounding copyright and musical ownership, fundamental themes that are intricately woven into the movie’s narrative.

Grant’s character highlights a significant lawsuit involving Lana Del Rey, which parallels the film’s exploration of the desire for control over creative works. Just as “Creep” delves into feelings of alienation and insecurity, these legal battles underscore the broader implications of artistic ownership and the contentious nature of intellectual property in the music industry.

Originally, “The Air That I Breathe” marked the Hollies’ final successful single, achieving a remarkable position at No. 50 on the U.S. charts and soaring to No. 2 in the U.K. in 1974. This timeless piece was crafted by talented songwriters Albert Hammond and Mike Hazlewood, debuting on Hammond’s first album, It Never Rains in Southern California, which was released in 1972. The song was also notably covered by Phil Everly in 1973, further cementing its place in music history.

READ MORE: Discover the Reasons Why Radiohead’s ‘Creep’ Was Initially a Commercial Failure

Fast forward to 1992, when Radiohead was immersed in creative experimentation while developing their debut album, Pablo Honey. Thom Yorke, the band’s frontman, penned “Creep” during his college years, and as the group collaborated on the music, they intentionally incorporated elements reminiscent of “The Air That I Breathe.” Guitarist Ed O’Brien reportedly recognized the musical similarities, prompting Jonny Greenwood to replicate the 1972 composition perfectly in one section, making a clever and ironic nod to the earlier song.

Watch the Spine-Chilling Trailer for ‘Heretic’

How Radiohead’s “Creep” Became an Accidental Hit

This situation would not have escalated had the song been omitted from their recording sessions, as the band had initially expected. However, producers Sean Slade and Paul Q. Kolderie sensed the potential for a hit. Yorke had jokingly referred to “Creep” as the band’s homage to Scott Walker, leading the producers to mistakenly believe it was a cover. When they realized it wasn’t, Radiohead was encouraged to perform “Creep” in the studio without their knowledge of being recorded. This clever tactic worked seamlessly since the producers favored a live recording approach over traditional studio sessions.

Following the recording, the track climbed the ranks at EMI, with Kolderie advocating for “Creep” to be released as a single. The positive feedback from the label led to its eventual release. Unfortunately, Radiohead’s control over their music was significantly diminished after their first EP’s lackluster performance. The situation worsened when “Creep” only managed to reach No. 78 on the charts, exacerbated by the all-powerful BBC’s refusal to include the single in their playlists due to its perceived gloomy tone.

READ MORE: Explore When Radiohead Imitated Their Influences on ‘Pablo Honey’

Over time, the landscape changed dramatically for “Creep.” It evolved into an underground sensation, first gaining traction in Israel, then New Zealand, and various parts of Europe, before finally being embraced in the U.S. as a slacker anthem, reminiscent of Nirvana’s “Smells Like Teen Spirit.” After being re-released in the U.K., it soared to No. 7 on the charts, achieving a level of coolness when it was featured on Beavis & Butt-Head in 1994. Radiohead’s American label, Capitol Records, capitalized on this popularity, promoting the band with the tagline “Beavis and Butt-Head say they don’t suck.”

Eventually, “Creep” caught the attention of Rondor Music, the publishers behind Hammond and Hazlewood’s “The Air That I Breathe.” This led to a copyright infringement claim, as Radiohead had openly acknowledged their inspiration from the earlier song. The case ultimately resolved in an out-of-court settlement, granting Hammond and Hazlewood co-writing credits on “Creep.”

Listen to the Hollies’ Iconic ‘The Air That I Breathe’

Understanding the Legalities Behind Radiohead’s Case

An in-depth analysis of the legal proceedings revealed that the second chord in a four-chord progression introduced a note that was outside the key of the song. According to a report by Lost In Music, the note “G#… clashes with the G natural in the C major chord, creating an unexpected surprise.” This analysis suggests that during one eight-bar phrase, the melody of “Creep” closely mirrors that of “The Air That I Breathe.” This striking similarity occurs at the lyrics ‘she’s running out the door again’ in “Creep,” indicating that it cannot merely be a coincidence.

Upon the song’s release, the publisher felt strongly that Radiohead had copied the earlier work and subsequently initiated legal action. As Albert Hammond, father of the Strokes’ Albert Hammond Jr., noted, “Radiohead agreed that they had indeed taken elements from ‘The Air That I Breathe.’” Due to their honesty, the situation did not escalate to a full-blown lawsuit, allowing for a resolution that granted Hammond and Hazlewood a small share of the royalties.

Watch the Iconic Video for Radiohead’s ‘Creep’

The Ongoing Legal Saga of ‘Creep’

“Creep” continued to generate legal interest over the years. In 2018, Radiohead’s representatives filed a lawsuit against Lana Del Rey regarding her song “Get Free,” citing clear similarities between the two tracks. Del Rey responded on social media, stating, “Although I know my song wasn’t inspired by ‘Creep,’ Radiohead believes it was and demands 100% of the publishing rights.” She mentioned that she had offered 40% over several months, but they were insistent on acquiring the full rights. Del Rey’s legal team remained relentless, leading her to prepare for a court battle.

Radiohead contended that the percentage claims were exaggerated, yet they acknowledged that discussions had taken place with Del Rey. The outcome of this dispute was never made public, but at a festival in 2018, she performed “Get Free” and remarked to the audience, “Now that my lawsuit’s over, I suppose I can sing that song whenever I want, right?”

Watch Lana Del Rey’s ‘Get Free’ Video

The Enduring Impact and Complex Legacy of ‘Creep’

As the years went by, Radiohead sought to distance themselves from “Creep.” They have never fully embraced the song, possibly due to the complicated issues surrounding its release, the mixed reception it received, and its lasting influence on their artistic identity. Thom Yorke has expressed his discomfort regarding the re-release of the single, feeling “horribly gutted, pissed off, self-righteous” about its initial lack of commercial success. “There are both positive and negative aspects to it,” he added. “It certainly raises questions about why it wasn’t more successful. That curiosity ultimately works in our favor.”

Yorke later disclosed that the song was inspired by a real-life woman with whom he had an obsessive fixation, who allegedly attended at least one of Radiohead’s concerts. “The way I write lyrics is to ramble for a long time. That particular ramble just happened to fit rhythmically,” he explained. “The song progresses, and then there’s that intense moment followed by Jon’s impactful guitar riff, which gives the song a visceral quality. It’s almost as if the song is grappling with self-destruction, which is, in essence, the core of its message.”