SONGWRITER CRIES OVER GUNS N ROSES' "DON'T CRY"

An Indiana songwriter has filed a copyright infringement suit against Guns N' Roses, claiming the 1991 hit "Don't Cry" bears a striking similarity to a song he penned in 1978.

According to the Evansville Courier & Press, Bobby Martin filed a federal lawsuit on June 23, naming band members Axl Rose, Slash, Duff McKagan and Izzy Stradlin, as well as Geffen Records and Universal Music Group, as defendants. Martin claims he is owed at least $11.5 million in profits from the song, not counting royalties and future earnings from the song.

The suit states the song "contains musical portions identical or substantially similar to the instrumental version" of "Ensename a Amar (Show Me How To Love), " a song Martin maintains hit #1 in Puerto Rico and many Central American and South American countries, as well as the U.S. Latino gospel market. Martin claims that 65% of "Don't Cry" stems from his work.

Although "Don't Cry" was released back in 1991 on "Use Your Illusion I" and "Use Your Illusion II," Martin said he never heard the song because he only listens to Tito Puente. "I don't care for hard rock. I've also heard they're very obnoxious…They haven't had a very good reputation in the industry."

Because the chorus of "Don't Cry" surfaced at the end of Guns N' Roses' "November Rain," Martin is also trying to recoup royalties to that song, which he insisted is 3% his.

Martin said he would gladly drop the suit if Rose agreed to record his latest composition, "Livin' La Vida Loca." "I first wrote that in 1993," claimed Martin. "And then Ricky ripped it off. I'm still trying to find out if we're related before I sue his bon-bon."