Tom Petty is reportedly in discussions with lawyers regarding filing a copyright lawsuit against Red Hot Chili Peppers and their producer Rick Rubin.

The Chili's were accused last month of plagiarising Petty's 1993 hit 'Mary Jane's Last Dance' on latest single 'Dani California'. Both tracks were produced by Rick Rubin and most people would agree that the similarities between the two tracks are striking.

''It's not just the chord progressions are the same - the entire theme of the song is the same, and some of the lyrics are the same,'' says Jared Morris, a producer at the radio station that exposed the accusations. 
 
The accusation was revealed by Dan Gaffney during his morning radio show on WGMD in Delaware last month.

A music recording expert though says it is all conjecture. ''The opening parts of both songs have very similar grooves, they use pretty much the same chord progressions and the ways the melodies are patterned are similar. And it pretty much stops there,'' says Travis Jackson, an associate professor who specializes in recording technology.

He continued: ''Chord progressions are really hard to claim as a basis [for a lawsuit]. That's a pretty standard groove. You would have to do a lot more to say there's outright copying.''

The New York Post however are reporting this week that sources are telling them Petty is in discussions with his lawyers about filing a lawsuit, but Petty's spokesperson Heidi Robinson offered no further information, telling the Post, "I am well aware of this situation.  (The two songs) certainly do sound similar, don't they?"

"I guess imitation is the sincerest form of flattery."

She adds, "Tom doesn't have a comment on this at all.  I have no idea if he is going to sue the Chili Peppers, and am not prepared to make a comment on that."