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Pharell/Robin Thicke Lose Blurred Lines Copyright case.

gblews

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http://www.latimes.com/local/lanow/...roiled-the-music-industry-20150310-story.html

That they lost the case is not surprising to me, the reaction, however, seems rather extreme.

Apparently, the fact that the case was tried in front of a jury is big deal, I recall the George Harrison My Sweet Lord/He's So Fine case was decided by one judge. I'm not sure of the procedures involved in what mandates a jury as opposed to a single judge in copyright cases. I remember the judge in that case was a musician and had a good understanding of song structure and musical notation.

Pharell and Thicke apparently damaged their case severely with statements made months ago in which they spoke openly about "channeling Marvin Gaye" during the song's composition.

I would love to know how the settlement discussions went. I'll bet the plaintiff's thought they had such a strong case, that they were the ones holding out for the deal that the defendant's could not agree too. No way this case would have gotten to trial unless one party was throwing it's weight around.

Personally, when I first heard Blurred Lines, I assumed that the composers had simply sampled Gaye's Got to Give it Up the way many artists do these days. I assumed a deal had been struck with Gaye's publishers. Obviously, had I been on the jury I would have voted in favor of the Gayes.

The record company was held harmless which means they don't have to give up their cash. I would have thought defendant's would have wanted all or parts of all of the profits made from Blurred Lines, plus they are a deep pockets defendant. A little surprising.
 
Though Blurred Lines sounds like Gaye's Got to Give it Up, I don't think it's copying it. Any given modern song will probably sound similar to one of the millions (if not billions) of already existing songs.
 
I have to agree. They are similar, but not similar enough to warrant a lawsuit. I'm a musician and I listen to lots of music, and make my own. In the days before digital studios, you had to find a similar instrument to make a similar sound. But today, you can find the same copyright and royalty-free drums, guitars and even vocals that any other artist is using in their music. And with millions of musicians out there, it's far too difficult to avoid copying or coming close to somebody else's sound.

Unless you live in a total musical vacuum, you are bound to mimic sounds previously done, and all musicians are ripping off of mimicking the sounds of others. I think this ruling sets a bad precedent.
 
They should've showed the video and said it was protected as a parody. "Look we keep flashing his hashtag, how can anyone take this seriously?"

EDIT: You know watching that video again they may have really had a chance with the parody angle. :)

Still, less screwed than The Verve at least.
 
This decision is absurd. There are millions of songs out there, some are going to sound similar to each other. 99% of the time it's not plagiarism, it's influence.

This is going to open the floodgates of opportunistic descendants of famous musicians launching frivolous lawsuits at any singer who records any remotely similar single. It's also going to put every record company into defensive mode and strangle creativity. Truly a ridiculous and horrible decision and even worse precedent.
 
In any event, I think it will make artists think twice about naming musical influences when asked about them in interviews.
 
It's also going to put every record company into defensive mode and strangle creativity.

The record company was held harmless in this case, so how is it going to do that? If anything, this case serves notice that the record companies can keep on doing what they've been doing.
 
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"Look we keep flashing his hashtag, how can anyone take this seriously?"

I think "flashing your hashtag in a public place" should be made an illegal offense under public decency laws. Except maybe in New Orleans during the Mardis Gras. ;)
 
This is just a ridiculous judgment. Pathetic money grubbing from a bunch of no-talent moochers living off their ancestor's talent. The absurd levels of hyperbole employed by this family regarding their "victory" is a good clue to how cynical a move this was.

Blurred Lines isn't a great song, but it is distinctly a song in its own right, that is clearly just influenced by something that came before, like all art. Nobody is ever going to confuse the two tracks, and the release of this song hasn't deprived the Gaye estate of a single cent.

Like others have said, this sets an appalling precedent. The Gaye family should be absolutely ashamed of themselves for this attack on artists and creativity. Marvin Gaye, coming from a musical culture renowned for borrowing, adapting, improving and recycling from the works of peers, would consider this a joke.
 
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Maybe the guys who wrote the song shouldn't have copied. But I guess intellectual plagiarism is beyond some people. I guess enforcing some sort of minimal intellectual standards is anti-business now.

Pathetic money grubbing from a bunch of no-talent moochers living off their ancestor's talent.
The people suing are his wife and daughter. :rolleyes:
 
Whatever.

Anybody who thinks this is copying I'm guessing is not a songwriter, and has little understanding of songwriting.
 
Forgive my lack of understanding of the legal process, but do Pharell and Thicke have a right of appeal?
 
I'm not sure, but I hope so. The songs share some vague percussive similarities, and are thematically similar, but they didn't take any lyrics, or notable melody that is crucial to the song.

To suggest this was plagiarism to the tune of $5million, rather than simply inspiration to create an obviously distinct piece of art is utterly ridiculous, and completely ignorant of musical history, and the practicalities of creating original music. Were we to apply this ruling to Gaye's own music, we might well find he owes a lot of money to a lot of people.
 
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