There is a striking similarity between the songs “Music of Goodbye” from John Barry’s soundtrack to “Out of Africa” and Andrew Lloyd Webber’s “Music of the Night” from “Phantom of the Opera”. Barry’s soundtrack was released in 1985 and “Phantom of the Opera” was first performed in 1986 though the song may have been written earlier. I have not been able to find any evidence of legal action related to the similarity. However, there is a possibility that both composers used a melody from Puccini’s 1910 opera “La fanciulla del West” as the basis for their songs. The following is from Wikipedia’s entry on “Phantom of the Opera”:
Due to similarities between the song and a recurring melody in Giacomo Puccini’s 1910 opera La fanciulla del West (The Girl of the Golden West), the Puccini estate filed lawsuit against Webber, accusing him of plagiarism. An agreement was settled out of court and details were not released to the public.