Music Legal: Robin Thicke Appeals ‘Blurred Lines’ Decision

playahaitian

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Robin Thicke Appeals ‘Blurred Lines’ Decision

Maybe Robin Thicke and Pharrell are going deaf, maybe they're going blind, but either way, they aren't going to take that "Blurred Lines" court decision lying down: On Monday they filed a motion to appeal a jury's decision in March that their 2013 hit improperly borrowed the "groove" from Marvin Gaye's "Got to Give It Up." The original verdict ordered the duo to pay $7.4 million — since reduced to $5.3 million, with $3.2 million of that having already been paid (Thicke owes an additional $1.8 million and Williams an additional $360,000) — in damages to Gaye's family, who also asked that Thicke and Pharrell stop selling the song until they paid up. The family's attorney, Paul Phillips, told the Wraphe was confident the controversial ruling would be upheld: "This appeal only delays the inevitable — we aren’t going anywhere." Hey hey hey.

http://www.rollingstone.com/music/n...seeks-to-halt-sales-of-blurred-lines-20150311

On Tuesday evening, the Gaye family officially filed an injunction attempting to block the distribution and sale of "Blurred Lines."

Now that Marvin Gaye's family has won a copyright suit regarding the similarity of Robin Thicke, Pharrell Williams and T.I.'s "Blurred Lines" and the soul icon's "Got to Give It Up," their lawyer wants to stop the sales of that song.

"We'll be asking the court to enter an injunction prohibiting the further sale and distribution of 'Blurred Lines' unless and until we can reach an agreement with those guys on the other side about how future monies that are received will be shared," attorney Richard Busch, who represents the Gaye family, tells Rolling Stone. "We'll be doing that in about a week or so."
A representative for Thicke, Williams and T.I. was not immediately available for comment.

A Los Angeles jury decided Tuesday that the "Blurred Lines" songwriters infringed on Gaye's 1977 hit "Got to Give It Up" and ordered them to pay Gaye's family $7.3 million in damages. The lawsuit started when the "Blurred Lines" songwriters filed a preemptive suit in August 2013 claiming that the hit single was "strikingly different" than "Got to Give It Up," fearing the Gayes would be litigious.

Asked for his and his clients' reactions to the verdict, the lawyer says all were "thrilled, happy and satisfied." "Mr. Williams and his legal team portrayed this as the copying of a genre or a groove or a feel," Busch says. "That was not the case, as the jury found. It was the copy of a musical composition – melody and harmony and bass line and keyboard and other things."

The Gayes had a difficult fight in this suit, Busch says, because the judge would not allow them to play "Got to Give It Up" for the jury. Since songwriters could file only sheet music for copyrights prior to 1978, the jury could not hear major recorded elements of the song like its percussion, cowbell and, as Busch puts it, "party noises." He says his side won the jury over by playing the jury only the protected parts of the song.

"I'm really grateful," Janis Gaye, Marvin's former wife and the mother of Nona and Frankie Gaye, told The New York Times following the decision. "I hope people understand that this means Marvin deserves credit for what he did back in 1977."

Ultimately, Busch does not want the lawsuit to reflect poorly on the Gayes. "I just want to let the readers know that we didn't start this fight," Busch tells Rolling Stone. "They sued us, taking a declaration of non-infringement. They started this war and we just finished it."



 

respiration

/ˌrespəˈrāSH(ə)n/
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Heh. Have what. Bad advice from a legend? That video is irrelevant. The Gayes won the case.
 

Mentor B

"All literature is protest."
Registered
I'm glad for the Gaye family.

Frankly, I don't like the thought of these youngsters ,who are not aware of a legendary crooner like Marvin Gaye, thinking Thicke is doing something musically innovative.

Nope. That's jacked creative swag from the 70's. But most importantly, them niggas still need to write one more check each. Over two million motherfucking dollars left to pay.
 

ViCiouS

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I knew this would happen... the industry has to appeal, cause if that verdict stands- so many artist would be getting sued
including the companies that sell "muzak" that you hear on the phone, in stores and elevators. Including a bunch of movie and TV scores.
 

playahaitian

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I knew this would happen... the industry has to appeal, cause if that verdict stands- so many artist would be getting sued
including the companies that sell "muzak" that you hear on the phone, in stores and elevators. Including a bunch of movie and TV scores.

^^^^^
 

TEN

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:money:and its back again, this and that pistorious case just wont go away for shit! :lol:
 

Notorious P.I.M.P.

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Heh. Have what. Bad advice from a legend? That video is irrelevant. The Gayes won the case.


Stevie Wonder said it had the same "groove" but the songs are NOT the same. Stevie Wonder is a person went to school for music and is a musical genius. I'd tend to side with him rather than jurors who know nothing about music.
 

ak_rep

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Bring it on! I hope he loses more bread. Should've given credit and/ or not sue and this could've been avoided.

That song, Uptown Funk, had to go back and give credit. Trying to pull some slick shit. Pay up. It's only right.:yes:
 

Day_Carver

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I knew this would happen... the industry has to appeal, cause if that verdict stands- so many artist would be getting sued
including the companies that sell "muzak" that you hear on the phone, in stores and elevators. Including a bunch of movie and TV scores.

Why would so many artist get sued?? Why didnt they just get the song cleared with the family then none of this would have happen; Im not understanding the issue; he and pharrell etc used Gaye song without permission and profited from it; If they would have received clearance and payed for rights then none of this would have happened; and thats all any of these so called artist have to be
 

ViCiouS

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Why would so many artist get sued?? Why didnt they just get the song cleared with the family then none of this would have happen; Im not understanding the issue; he and pharrell etc used Gaye song without permission and profited from it; If they would have received clearance and payed for rights then none of this would have happened; and thats all any of these so called artist have to be
1. musically they are not the same songs - they do not share the same melody / notes - so no clearance was required
2. many new songs are inspired by existing songs,( should Hall & Oats & MJ sue Wutang for the hook in M.E.T.H.O.D. Man?)
3. Muzak many Happy Birthday song variations and most movie and TV scores are similar to and or inspired by existing popular songs
 

playahaitian

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'Blurred Lines' Appeal Backed By 200 Musicians 'Concerned by the Potential Adverse Impact' of the Court's Decision

30-blurred-lines.w529.h529.jpg


Over 200 recording artists, spanning genres and decades of popular music, saw Robin Thicke and Pharrell Williams in legal trouble and realized their own art could be adversely affected by a 2015 legal ruling that went against the two pop stars. So they lent their signatures to an amicus brief filed on behalf of the "Blurred Lines" artists, who are currently hoping to overturn the 2015 copyright case against them.

A federal court ruled that Thicke and Pharrell infringed on Marvin Gaye's "Got to Get It Up" for their chart-topping hit, but many found the decision to be controversial. The stars immediately moved to appeal the hefty dues owed to the Gaye estate, citing the difference in melodic and harmonic structure between the two tracks. And, perhaps fearing that they too might come under more legal scrutiny for derivative rhythm lines and "vibes," (look at Ed Sheeran, Justin Bieber, Demi Lovato, and Led Zeppelin) musicians were willing to join the cause in the form of the amicus brief. In it the artists assert, "[they] are concerned about the potential adverse impact on their own creativity, on the creativity of future artists, and on the music industry in general." It goes on:

The verdict in this case threatens to punish songwriters for creating new music that is inspired by prior works. All music shares inspiration from prior musical works, especially within a particular musical genre. By eliminating any meaningful standard for drawing the line between permissible inspiration and unlawful copying, the judgment is certain to stifle creativity and impede the creative process.

Among the names listed on the document are members of Earth, Wind & Fire, Tears for Fears, Linkin Park, Three 6 Mafia, Weezer, Fall Out Boy, Hall & Oates, and solo artists including R. Kelly, Jennifer Hudson and Jean-Baptiste. You can read it in full below:

https://www.scribd.com/document/322...rs-Composers-Musicians-And-Produce#from_embed
 

John Million

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i hope the appeal wins. everyone who is "inspired" by older groups/songs will be getting sued left and right

if you're complaining about music now, just wait
 

ViCiouS

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what say you BGOL? Y'all ignored Stevie Wonder - guess ya thought he didn't know what he was taking about... are these 200 artists also wrong?

http://www.hollywoodreporter.com/thr-esq/blurred-lines-appeal-gets-support-924213

This Brief Is Filed On Behalf Of The Following Songwriters, Composers, Musicians, And Producers
(Affiliations Are Listed For Identification Purposes Only)

Harvey Mason Jr.
Phillip Bailey
Verdine White
Ralph Johnson(Earth, Wind & Fire)
Hans Zimmer
Belinda Carlisle
Charlotte Caffey
Jane Wiedlin
Gina Schock (The Go-Go’s)
R. Kelly
Mike Shinoda
Chester Bennington
Brad Delson
Rob Bourdon
Joe Hahn
Dave Farrell(Linkin Park)
Jason Mraz
Jennifer Hudson
Rivers Cuomo(Weezer)
Brian Burton(p/k/aDanger Mouse)
Rick Nowels
Manny Marroquin
Klaus Derendorf
Jimmy Douglass
Katharine McPhee
Stephen Bishop
Chip Taylor
L. Russell Brown
John Oates(Hall & Oates)
Maynard James Keenan
Danny Carey
Justin Chancellor (Tool)
Matt Serletic
Dean Serletic
Kim Wilson(The FabulousThunderbirds)
Rich Robinson(The Black Crowes)
Busbee Patrick Stump(Fall Out Boy)
Patrick Monahan (Train)
Tim James
Jake Sinclair
Adam Anders
Brett James
Lindy Robbins
Jonas Jeberg
Sam Martin
Peter Wade Keusch
Tor Hermansen
Mikkel Eriksen(Stargate prod. team)
Toby Gad
Allan P. Grigg(p/k/a KoOoLkOjAk)
Matt Beckley
Hugh Prestwood
Ross Golan
Matty Karas
George Astasio
John Shave
Jason Pebworth (Writers of Fancy/The Invisible Men)
Jeff Trott
Jordan Michael
Houston (p/k/a Juicy J)(Three 6 Mafia)
Dennis McCarthy
Curt Smith(Tears for Fears)
Mark Kendall
Michael Lardie
Audie Desbrow(Great White)
Mark Lennon(Venice)
Rikki Rockett(Poison)
Greg Camp
Scott Crago
Jonathan Daniel
Josh Alexander
Jon Nite
Darrell Brown
Serban Ghenea
Savan Kotecha
Julian Bunetta
Matt Wertz
Keith Follese
Augie Ray
Wayne Kirkpatrick
Sean Douglas
Martin Johnson
Simon Katz
Kiesa Rae Ellestad(p/k/a Kiesza)
Sam Farrar
Mat Kearney
James Bourne
Will Hoge
Nick Phoenix
Sammy Geronco
Kevin Griffin
Clarence Coffee, Jr.
Max Frost
Brian Higgins
Andrew Gould
Leah Pringle
Dan James
Laurel Stearns
Dustin Franks
Marc Beeson
Nicolle Galyon
Jerry Flowers
Martin Gerald Derstine(p/k/a J.D. Martin)
Jamie Houston
Rune Westberg
Kris Allen
Shane Minor Shane McAnally
Aloe Blacc
Bonnie McKee
Jay DeMarcus
Kenna Zemedkun

Marius Moga
George Acogny
Guy Langley
Will Robinson
Wendell Mobley
Carlos Menendez
James Ryan Ho(p/k/a Malay)
Nash Overstreet(Hot Chelle Rae)
etc...
 

ak_rep

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Man wasn't anybody about to say anything against Stevie Wonder. He's one of the most tolerant and loving people on the planet. And a "musical prophet." Stevie can have his take on music. I'm not tripping. And he's been shaved musically for decades.

Now, P and them bit and got hit. Bottom line. They were sitting on television saying how they shaved the track but somehow, you're still wrestling with it.:confused: An artist knows when they bit. And people get sued all the time in the music industry. They should've taken care of business beforehand.

You're steadily talking about the Gaye estate but failed to mention Tom Petty. He strong armed the fuck out that number one, grammy award winning hit a couple years ago. Got paid. Nobody said shit. Just let it go @ViCiouS :smh:
 

John Million

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being inspired is one thing. blatantly biting someone else's sheit, then going on tv and saying as much, means u gotta pay the piper when they originator comes for that dough

never sounded like a blatant bite to me. its a homage, its in a different key but similar groove. if the lawsuit is upheld anything and everything could be turned into a lawsuit imo. a lawsuit like this would have lasting effects on the music business. the other shit is irrelevant to me, it seems that many want the gaye family to win because its thicke. i believe many wouldn't be so for it if it was simply a pharrell/t.i. song or another Black artist.

I'll side with the musical genius Stevie on this one
 

EchoCrash

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I’ll keep it simple as I did in the original: they are similar...but not the same. I am not granting a pass to Pharrell since he was the producer, but if something moves and inspires you - attempting to recreate the feel is not grounds for lawsuit. Imagine if I created a beat using the same synth sound, but different chord pattern as “Still D.R.E.”, which IMO has almost an immediately recognizable sound. I use the same 808 sound, and synths, but again in different octaves and patterns. People will jam, but those with a producers ear will frown because they will say to themselves that they’ve heard this before. Long story short, you’ll know what inspired me, Dre can side-eye me because he knows I kinda swagger-jacked here, but I didn’t steal.
My prerogative - bobby Brown
I talk to myself - Christopher Williams
Case in point.

:yes: Yessir :yes:
 

Adam Knows

YouTube: Adam Knows
Platinum Member
all this i'm surprised pharell still hasn't been hit yet on that happy song.

and i don't see the argument they jacked marvin gayes shit without permission. end of story. it's nothing people gotta be afraid about, simply get the permission and pay the fees to sample someone shit if you don't have the creativity to come up with your own
 

playahaitian

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Update: Robin Thicke & Pharrell Ordered to Pay Over $5M to Marvin Gaye's Estate
Dec 14, 2018 5:35 PM
1,319 views 52 comments
Aaron Mandel
VladTV Staff Writer

video-250594.jpg

Update 12/14/2018:

The five-year lawsuit over "Blurred Lines" seems to have finally found closure, as the court has now officially ruled that Robin Thicke and Pharrell collectively owe Marvin Gaye's estate over $5 million for copyright infringement.

Back in 2015, they were initially ordered to pay upwards of $7 million, yet after an appeal, it was reduced to $5.3M with Thicke having to pay the bulk of the cost.

The judge has also awarded interest on the damages to the Gaye family, who are also set to receive 50% of the royalties generated from the diamond-selling #1 hit moving forward.

Source: HipHopDX
 

Duece

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If Pharrell and Robin Thicke were around in the 70s and did this shit, this judgement would been enough to pay off Anna and Marvin would have never had to make "Here My Dear"
 

playahaitian

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Pharrell Williams did not commit perjury in 'Blurred Lines' case, judge rules

By Tyler Aquilina
February 13, 2021 at 01:04 PM EST


At long last, it seems the "Blurred Lines" copyright lawsuit has been put to rest for good.

The contentious case — in which Marvin Gaye's family alleged Pharrell Williams and Robin Thicke ripped off Gaye's "Got to Give It Up" for their hit 2013 single — concluded in 2018 with a controversial ruling that Williams and Thicke were liable for copyright infringement. In December 2019, however, Gaye's family filed a motion in federal court accusing Williams of committing perjury during the case.

The plaintiffs cited a GQ interview from November of that year in which Williams said he "reverse engineered" Gaye's song, arguing that this contradicted his statement during a deposition that he "did not go in the studio with the intention of making anything feel like, or to sound like, Marvin Gaye."

Discussing his music production process in the GQ interview, Williams said, "We try to figure out if we can build a building that doesn't look the same, but makes you feel the same way. I did that in 'Blurred Lines,' and got myself in trouble."



On Friday, in what seems to be the final note of the long legal saga, a California federal judge ruled that Williams' statements did not show he committed perjury.

"The statements by Williams during the November 2019 Interview were cryptic and amenable to multiple interpretations," U.S. District Court Judge John Kronstadt wrote. "For example, it is unclear what Williams meant by 'reverse-engineer[ing].' Read in context, Williams statement about 'reverse-engineering' could be interpreted as a process in which he remembers his feelings when listening to particular music, and then attempts to recreate those feelings in his own works. This is not inconsistent with his deposition testimony, in which he claimed that he realized after creating 'Blurred Lines' that the feeling he tried to capture in the song, was one that he associated with Marvin Gaye."

"For these reasons, the Gaye Parties have not shown by clear and compelling evidence that there are sufficiently material inconsistencies between Williams' statements in the November 2019 Interview and his sworn testimony, to support a finding of perjury," the ruling continues.

Gaye's family had been seeking about $3.5 million in attorney fees and costs, which Judge Kronstadt had denied them in the copyright suit. He did, however, award the family damages as well as half of all future royalties for "Blurred Lines."

EW has reached out to Williams for comment.
 

playahaitian

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'Blurred Lines' controversy resurfaces as Marvin Gaye's family claims Pharrell committed perjury

By Tyler Aquilina
December 06, 2019 at 08:28 PM EST



Yet another pop-culture revival has appeared on the scene, though it’s not one anyone was clamoring for. The long copyright lawsuit over Pharrell Williams and Robin Thicke‘s “Blurred Lines,” and whether it ripped off Marvin Gaye‘s “Got to Give It Up,” reared its head again after supposedly concluding in 2018.

On Friday, Gaye’s family filed a motion in federal court alleging Williams lied under oath in the case. The motion points to a November GQ interview in which the “Happy” singer told producer Rick Rubin he “reverse engineered” Gaye’s tune.

“We try to figure out if we can build a building that doesn’t look the same, but makes you feel the same way,” Williams said of his production process in the interview. “I did that in ‘Blurred Lines,’ and got myself in trouble.”

Gaye’s family argues this statement shows Williams committed perjury during his deposition in the copyright case, when he stated: “I did not go in the studio with the intention of making anything feel like, or to sound like, Marvin Gaye.”

CREDIT: JOSH BRASTED/FILMMAGIC

“These admissions are irreconcilable with Williams’s repeated, sworn testimony in this action that: neither ‘Got To’ nor Marvin Gaye ever entered his mind while creating ‘Blurred,’ that he did not try to make ‘Blurred’ feel like ‘Got To’ or sound like Marvin Gaye,” the Gaye family’s motion reads, arguing this constitutes “a fraud on this Court.” The Gayes are now urging California Judge John A. Kronstadt to reverse his decision in the copyright suit denying them an award of millions in attorney fees.

“Williams made intentional, material misrepresentations to the jury and this Court as part of an unconscionable scheme to improperly influence the jury and the Court in their decisions,” the document continues. “Nothing was more central to this case than whether ‘Got To’ or Marvin Gaye was on Williams’s mind while he was engaged in creating ‘Blurred.’ That fact was central to the issue of whether Williams and Thicke illegally copied ‘Got To’ and whether their copying was willful, and they knew it. It was also central to their defense of ‘independent creation.’ And it became central in this Court’s analysis of whether to award attorneys’ fees.”

In 2015, a jury found Williams and Thicke liable for copyright infringement, and an appeals court upheld the ruling in 2018, with Judge Kronstadt awarding damages and half of all future royalties for “Blurred Lines” to the Gaye family.

The decision was highly controversial, with many musicians arguing the song was an homage to Gaye rather than a ripoff. Rubin echoes these feelings in the GQ interview, saying, “The song is nothing like the song…The feeling is not something that you can copyright.”

The accusations “hurt my feelings, because I would never take anything from anyone. And it really set me back,” Williams says.

“It’s bad for music,” Rubin continues. “We’ve had an understanding of what a song is, and now, based on that one case, now there’s a question of what a song is. It’s not what it used to be…. It leaves us as music-makers in a really uncomfortable place making things, because now we don’t know what you can do.”
 

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knightmelodic

American fruit, Afrikan root.
BGOL Investor
I never thought much of Pharrell Williams and I've always detested robin thicke, him and timberfake are those white boys who bite everything Black and then act like they weren't aware it was appropriation. They only seem to "wake up" after they've got their money in the bank. Then they're all apologetic but they never give the money back. Bastards.
 
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