Tom Petty is reportedly considering suing Red Hot Chili Peppers over allegations they plagiarised one of his songs. The band have been accused of lifting key aspects of their latest single DANI CALIFORNIA from Petty's MARY JANE'S LAST DANCE, most publicly by US DJ DAN GAFFNEY who said, "The chord progression, the melody, the tempo, the key, the lyrical theme they're identical." Sources tell the New York Post Petty is in discussions with his lawyers about mounting a legal challenge. The singer's representative HEIDI ROBINSON refused to be drawn on a potential lawsuit, but told the newspaper, "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. "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." Producer Rick Rubin recorded both Mary Jane's Last Dance with Petty, and Dani California with the Red Hot Chili Peppers.