How Siar Is 'Blurred L' To A 1977 Marv Gaye H?

Contents:

• HOW SIAR IS ‘BLURRED L’ TO A 1977 MARV GAYE H?
• MARV GAYE FAY PREVAILS 'BLURRED L' PLAGIARISM SE
• HOW SIAR IS 'BLURRED L' TO A 1977 MARV GAYE H?
• MARV GAYE'S FAY WS 'BLURRED L' APPEAL; PHARRELL, ROB THICKE MT PAY
• 'BLURRED L' NTROVERSY RURFAC AS MARV GAYE'S FAY CLAIMS PHARRELL MTED PERJURY
• BLURRED L: MARV GAYE'S FAY KEEPS $5M PAYOUT
• EXPERT: ‘BLURRED L’ HOOK, BASS LE SIAR TO MARV GAYE H
• ‘BLURRED L’ INGED ON MARV GAYE COPYRIGHT, JURY RUL
• ROB THICKE, PHARRELL WILLIAMS TO PAY $5 LN TO MARV GAYE TATE FOR 'BLURRED L'
• WILLIAMS V. GAYE: “BLURRED L” APPEAL HEARG CENTERS ON ADMISSIBILY OF EVINCE ABOUT ORIGAL SOUND RERDG
• EXCLUSIVE: AFTER 'BLURRED L' VICTORY, GAYE FAY TALKS EMOTNAL VERDICT, 'HAPPY' SIARI
• DID ROB THICKE STEAL ‘BLURRED L’ OM MARV GAYE? BY JOE BENT | FEB 1, 2014 | FM2, PLAGIARISM, REARCH, SONGWRG | 74 MENTS[ED: UPDATE 12 MARCH 2015]THE SE HAS NOW BEEN ROLVED, AND THE JURY FOUND THE GAY’ FAVOUR, SPE THE PYG NOT BEG EXACT AND THE MIL ELEMENTS DISSIAR, AS MY ORIGAL FEBARY 2014 POST (BELOW) ARGU. IN AN TERVIEW WH THE HOLLYWOOD REPORTER, RICHARD BCH, THE GAYE FAY LAWYER, SCRIB HOW THE THICKE SI’S HUBRIS AND NSISTENCY NTRIBUTED TO THE JURY VERDICT GOG AGAST THEM – BUT SISTS THAT THE SE WAS SUCCSFUL BEE OF THE CHARACTERISTICS OF THE MIC SELF. FOR THOSE WHO HAVE SAID THAT THIS SETS A DANGERO PRECENT FOR CREATORS (CLUDG ME – SEE THIS MTV NEWS TERVIEW), THIS MAY BE SO TERMS OF DISURAGG MIL HOMAGE ARRANGEMENTS. BUT (US) LEGAL TERMS, A JURY LG IS DIFFERENT OM A URT LG, SO EACH SE IS JUDGED ON S MERS AND ON THE SPECIFIC EVINCE PRENTED. THEREFORE THIS SETTLEMENT DO NOT REPRENT ‘SE LAW’ (AS ATTORNEY BRIAN D CAPLAN POTS OUT THE SAME MTV FEATURE) BUT HAS CERTALY MA SOME CREATORS RATHER UNCERTA ABOUT THEIR FUTURE SONGWRG AND PRODUCG PRACTIC… [JB][ORIGAL POST OM FEBARY 2014 FOLLOWS]THERE’S BEEN A LOT OF MEDIA TERT THE RECENTLY-ROLVED DISPUTE OVER THE ALLEGED SIARY BETWEEN ROB THICKE’S ‘BLURRED L’ (2013) AND MARV GAYE’S ‘GOT TO GIVE IT UP’ (1977). THE PRS RELEASE THAT STARTED  WAS WRTEN BY THE GAYE FAY’S REPRENTATIV KG AND BALLOW, SO THE SECTN I QUOTE BELOW IS OBVLY ACCATORY, AND THE ‘EVINCE’ C APPEARS TO BE BASED ON LAY LISTENER OPN:THE “BLURRED L” TR SHED TO FILE THEIR SE SOON AFTER THEIR SONG BEGAN ATTRACTG OVERWHELMG ATTENTN OM CRICS AND FANS ABOUT THE SUBSTANTIAL SIARI THAT SURPASS THE REALM OF CINCE TO “GOT TO GIVE UP.”  ON AUGT 8, 2013 ROB HOERBURGER THE NEW YORK TIM  WROTE “BUT WHAT I KEEP G BACK TO IS THE SONG’S CHOICE DNA… AND THAT BASS LE ME RIGHT OM MARV GAYE’S NO. 1 H OM THE SUMMER OF ’77, ‘GOT TO GIVE IT UP’.” IN THE AUGT 23, 2013 ISSUE OF ROLLG STONE MAGAZE, CONTRIBUTOR DAVID RZ WROTE, “WHEN I FIRST HEARD ROB THICKE’S ‘BLURRED L,’ MY REACTN WAS THE SAME AS LNS OF OTHER R&B FANS: HEY, THAT’S MARV GAYE’S “GOT TO GIVE IT UP.”  THICKE AND PANY NOT ONLY PPED [SIC] GAYE’S DISTCT BASS LE, BUT THE FG FUNK OF THE WBELL ACCENTS. I WASN’T ENTIRELY SURPRISED, SCE SOME YEARS EARLIER THICKE’S ‘LOVE AFTER WAR’ WAS A VIRTUAL LIFT OF MARV’S ‘AFTER THE DANCE’ …”  A QUICK REVIEW OF THE TER REVEALS THE MENTS ARE FAR OM ALONE THIS RPECT.KG AND BALLOW PRS RELEASE, OCTOBER 2013 (SOURCE: RTERS)THE ALLEGATNS, THEN, WERE THAT THICKE (WH -WRERS PHARRELL WILLIAMS AND CLIFF HARRIS JR)COPIED THE BASS LE OF GAYE’S ‘GOT TO GIVE IT UP’.COPIED THE ‘FG FUNK’ OF THE WBELL ACCENTS.HERE’S A SPOTIFY PLAYLIST AND A YOUTUBE PARISON – LISTEN FOR YOURSELF. [SPOTIFY ID=”SPOTIFY:ER:JOEBENTBATH:PLAYLIST:5FGLQXSR6JJ8PLJHULP9MX” WIDTH=”300″ HEIGHT=”300″ /]——–HERE ARE THE FACTS:BLURRED L IS 120 BEATS PER MUTE.GOT TO GIVE IT UP IS  122 BEATS PER MUTE.BOTH SONGS FEATURE A SYNPATED WBELL PART AND AN ELECTRIC PIANO (GAYE’S BASSLE IS ACTUALLY PLAYED ON A 1976 RMI HARMONIC SYNTHISER).THE VOL MELODI AND LYRICS OF THE SONGS ARE VERY OBVLY DIFFERENT OM ONE ANOTHER.THE SONGS HAVE DIFFERENT CHORD PATTERNS OM EACH OTHER.THE RERDGS ARE DIFFERENT KEYS; ‘BLURRED L’ IS G; ‘GOT TO GIVE IT UP’ IS A.THE TWO BASSL ARE TRANSCRIBED BELOW. I’VE TRANSPOSED ‘BLURRED L’ TO THE SAME KEY AS ‘GOT TO GIVE IT UP’ HERE FOR EASE OF PARISON, AND NOTATED THEM A MOR (NO SHARPS OR FLATS) PARTLY FOR SIMPLICY AND PARTLY BEE BOTH BASSL ARE BUILT ON NOT OF THE HOME KEY’S MOR PENTATONIC SLE. THIS ‘NORMALISATN’ IS TEND TO HIGHLIGHT ANY SIARI THAT MIGHT OTHERWISE BE DISGUISED BY TRANSCRIBG ‘BLURRED L’ THE ORIGAL KEY – THAT IS, I’M GIVG GAYE’S SI THE BT POSSIBLE CHANCE OF PROVG THEIR ASSERTN THAT THE BASSLE HAS BEEN PIED. GOT TO GIVE IT UP (MARV GAYE) – TRANSCRIBED OM BAR 5 [0:14]. THIS BASSLE EMPLOYS SUBSTANTIAL RHYTHMIC VARIATNS THROUGHOUT THE SONG. BLURRED L (ROB THICKE). THIS 8-BAR BASS LE IS LOOPED THROUGHOUT THE SONG.WHEN PARED NOTE FOR NOTE LIKE THIS, THE DISSIARY IS OBV. THE BASSL E DIFFERENT NOT, RHYTHMS AND PHRASG OM EACH OTHER. THEY’RE EVEN TAKEN OM DIFFERENT MIL SL. THICKE’S BASS NOT ARE ALL TAKEN OM THE MIXOLYDIAN MO; THE GAYE BASSLE IS BASED AROUND THE PENTATONIC MOR SLE.NOW LET’S LOOK AT THAT WBELL. GAYE THE FOLLOWG WBELL RIFF, WHICH PLAYS PRETTY NSISTENTLY THROUGH THE TRACK. GOT TO GIVE IT UP (MARV GAYE) – 2-BAR WBELL LOOP.THICKE’S SONG HAS MORE WBELL. I’VE NOTATED BOTH PARTS BELOW. THE UPPER ONE (PANNED RIGHT THE MIX) PLAYS A SPECIFIC PATTERN, WH A DIFFERENT RHYTHM OM THE GAYE SONG; THE LOWER ONE (PANNED LEFT) PLAYS AN OFF-BEAT, LIKE A REGGAE ‘SKANK GUAR’ GROOVE. THE LOWER ONE DROPS AND OUT PERDILLY DURG THE TRACK. BLURRED L (ROB THICKE) – 2-BAR WBELL LOOP. COWBELL 1 VARI THIS PATTERN SLIGHTLY ON BEAT 4 AT TIM.THICKE’S WBELLS (ACTUALLY A WBELL AND ANOTHER PERCSN STMENT THAT SOUNDS TO ME MORE LIKE AN ELECTRONIC CLAVE) SYNPATE ON THE 16TH NOT (A SEMIQUAVER GROOVE); GAYE’S SONG IS VERY CLEARLY AN 8 GROOVE. THE ONLY SIARY IS THAT EACH RIFF PLAYS THE FIRST THREE 8TH NOT (QUAVERS) OF THE BAR.———–SO, THOSE ARE THE FACTS, AT LEAST REGARDG POSNAL NOTE CHOIC. NOW LET’S GET BACK TO THE FIRST ACCATN THE PRS RELEASE:THICKE AND PANY NOT ONLY [PIED] GAYE’S DISTCT BASS LE…IF THIS IS TE, AND THICKE’S TEAM  ACTUALLY ‘PIED THE BASS LE’, THEN THEY  CHANGED MOST OF THE PCH, MOVED LOTS OF NOT AROUND, AND LETED SOME NOT. OR PUT ANOTHER WAY, THEY WROTE AN ORIGAL BASSLE.[THICKE HAS PIED] THE FG FUNK OF THE WBELL ACCENTS.WHAT EXACTLY IS ‘THE FG FUNK’? MOST OF THE ACCENTS ‘BLURRED L’ DO NOT APPEAR ON THE SAME BEATS OF THE BAR AS THE GAYE SONG, WHICH BY ANY REASONABLE RHYTHMIC FN MAK THEM DIFFERENT ACCENTS. OR PUT ANOTHER WAY, THEY ARE AN ORIGAL POSNAL IA.SO IF THE NOTE-TO-NOTE MIL DISSIARI ARE SO OBV, WHY DID THIS PRS RELEASE BOTHER TO ACCE THICKE ET AL OF PLAGIARISM? CLEARLY GAYE’S FAY THOUGHT THEY HAD A SE. I THK THE REASON IS THAT THE TRACKS DO SOUND SIAR. INED, I DON’T DOUBT THICKE’S PRODUCTN TEAM LIBERATELY ED ‘GOT TO GIVE IT UP’ AS A STYLE TEMPLATE TO CREATE THE SOUND AND FEEL OF ‘BLURRED L’. THE STMENTATN AND TEMPOS ARE PRETTY MUCH THE SAME, AND THERE ARE MANY NOTABLE ARRANGEMENT CISNS THE GAYE SONG (FOR EXAMPLE, PLAYG THE BASSLE ON AN ELECTRIC PIANO) THAT OCCUR   ‘BLURRED L’. IN FACT, THICKE HIMSELF STATED PUBLICLY A GQ TERVIEW THAT HIS TEAM WROTE ‘BLURRED L’ G ‘GOT TO GIVE IT UP’ AS SPIRATN:PHARRELL AND I WERE THE STUD AND I TOLD HIM THAT ONE OF MY FAVORE SONGS OF ALL TIME WAS MARV GAYE’S “GOT TO GIVE IT UP.” I WAS LIKE, “DAMN, WE SHOULD MAKE SOMETHG LIKE THAT, SOMETHG WH THAT GROOVE.” THEN HE STARTED PLAYG A LTLE SOMETHG AND WE LERALLY WROTE THE SONG ABOUT A HALF HOUR AND RERD . THE WHOLE THG WAS DONE A UPLE HOURS…ROB THICKE TERVIEW, 7TH MAY 2013 (TERVIEWED BY STELS PHILI FOR GQ MAGAZE). THE RMI HARMONIC SYNTHISER, ON WHICH MARV GAYE PLAYED THE BASSLE FOR ‘GOT TO GIVE IT UP.’SO HOW DID THIS SUATN GET SO OUT OF HAND WHEN WAS CLEAR OM THE START THAT THE POSNS E DIFFERENT NOT AND RHYTHMS OM EACH OTHER? I THK THE ANSWER LI THE FACT THAT THERE IS A DIFFERENCE BETWEEN THE NCEPT OF THE SONG AND THE SOUND RERDG OF THE SONG. LISTENERS HEAR THE SONG AND THE SOUND RERDG SIMULTANEOLY, BUT MIC DTRY ADM REQUIR THE SONG AND THE SOUND RERDG TO BE TREATED SEPARATELY (BEE THEY ARE SEPARATE PYRIGHTS). THE GAYE AND THICKE RERDGS SOUND VERY SIAR TO EACH OTHER, BUT THEY E DIFFERENT NOT, SO WOULD BE DIFFICULT TO MAKE A SE THAT THE POSN HAS BEEN PLAGIARISED. AND OF URSE, BLURRED L DO NOT SAMPLE ANY OF THE D OM GAYE’S 1977 SOUND RERDG.SO TO MAKE A SUCCSFUL ACCATN OF PYRIGHT GEMENT, GAYE’S SI WOULD HAVE HAD TO ARGUE THAT THE PRODUCTN ‘FEEL’ (OR AS THE KG AND BALLOW PRS RELEASE PUTS , ‘CHOICE DNA’) OF ‘GOT TO GIVE IT UP’ ULD ATTRACT PYRIGHT. ANY LEGAL ACTN WOULD PROBABLY HAVE REQUIRED THE URT (WH THE HELP OF MILOGISTS) TO FE EXACTLY HOW THIS ‘CHOICE DNA’ MANIFTED SELF THE RERDG, ORR TO DISCS SIARI. THE ACT OF PUTTG AN ELECTRIC PIANO TOGETHER WH A WBELL AND A 120BPM DIS BEAT WOULD NEED TO HAVE BEEN JUDGED A CREATIVE ACT SELF, MAKG STMENTATN AND POSSIBLY EVEN GENRE TO PROTECTABLE INTELLECTUAL PROPERTY. WHICH WOULD HAVE HAD MASSIVE IMPLITNS FOR FUTURE CREATORS OF MIC.I’M OFF NOW. MY DELOREAN IS HEADG TO 1885, WHICH IS WHEN I VENTED THE SNARE DM BACKBEAT.74 COMMENTS

HOW SIAR IS ‘BLURRED L’ TO A 1977 MARV GAYE H?

The sger’s children Frankie and Nona Gaye rpond wh unterclaims that the micians ged “Got To Give It Up” — and that Thicke and ex-wife Pla Patton pied a send Gaye song, “After The Dance, ” -wrg Thicke’s 2011 track “Love After War. In recent motns, Thicke and Williams’ attorneys threw the Gay a pyright curveball wh the argument they don’t own their father’s mercially released rerdgs — they only own the posnal elements the sheet mic “lead sheets. ” (The rerdgs belong to Motown Rerds, which is owned by Universal, which turn owns Interspe — the rerd pany that released Blurred L and a fendant the Gay’ untersu.

His cisn enforced that the Marv Gaye rerdgs of “Got To Give It Up” and “After The Dance” uldn’t be heard urt — the attorneys are only g stripped-down stmentals. But more importantly, the cisn means that cidg whether gement occurred, the jury will only nsir whether “Blurred L” and “Love After War” borrow excsively om what’s the Gay’ lead sheets. On Thursday and Friday, the Gaye fay’s attorney Richard Bch lled a pair of milogists to the stand, and the urtroom beme a urse on mic theory wh their ttimoni on what they hear mon between the posns.

“Signature phrase”: Judh Fell, the Berkeley-ted head of a milogy nsultg firm, labeled one phrase per song the immediately intifiable “signature phrase”: the openg lyrics “I ed to go out to parti” Gaye’s “Got To Give It Up” and the chos opener “And that’s why I’m gon’ take a good girl” “Blurred L.

MARV GAYE FAY PREVAILS 'BLURRED L' PLAGIARISM SE

The Gay’ other mil expert, Harvard profsor of Ain-Amerin mic Ingrid Monson, argued that Gaye’s bass le and s pairg wh a reggae- or ragtime-fluenced keyboard melody were highly unual Motown mic.

HOW SIAR IS 'BLURRED L' TO A 1977 MARV GAYE H?

Miller rpond that Thicke’s vols don’t match the Gaye sheet mic, but Fell said the discrepancy is bee Thicke’s theme X match a harmony not wrten but implied the lead sheet.

MARV GAYE'S FAY WS 'BLURRED L' APPEAL; PHARRELL, ROB THICKE MT PAY

Compare and ntrast the two songs by listeng to the troductn to Blurred L, by Rob Thicke and Pharrell Williams followed by the openg sectn of Marv Gaye's Got to Give Up. Circu Court of Appeals said Gaye’s 1977 song “Got to Give It Up” served “broad” pyright protectn, and the March 2015 jury verdict favor of Gaye’s three children uld stand bee there was “not an absolute absence of evince” of siary between the two songs. And Interspe should be liable, but the appeals urt “Blurred L” se has transfixed the mic dtry, promptg bate over the le between plagiarism and honorg works by popular artists like Gaye, whose songs also clu “I Heard It Through the Grapeve” and “What’s Gog On.

Wednday’s cisn prompted a strong dissent om Circu Judge Jacquele Nguyen, who said the cisn let the Gay “acplish what no one has before: pyright a mil style, ” and expand the potential for further pyright ligatn.

”Williams, whose songs also clu “Happy, ” admted urt to beg a Gaye fan sce childhood but said “Blurred L” and “Got to Give Up” were siar genre has terviews acknowledged drawg on Gaye’s song but mataed sworn statements that he exaggerated his ntributn to “Blurred L. The sger's children Frankie and Nona Gaye rpond wh unterclaims that the micians ged "Got To Give It Up" — and that Thicke and ex-wife Pla Patton pied a send Gaye song, "After The Dance, " -wrg Thicke's 2011 track "Love After War.

'BLURRED L' NTROVERSY RURFAC AS MARV GAYE'S FAY CLAIMS PHARRELL MTED PERJURY

In recent motns, Thicke and Williams' attorneys threw the Gay a pyright curveball wh the argument they don't own their father's mercially released rerdgs — they only own the posnal elements the sheet mic "lead sheets.

BLURRED L: MARV GAYE'S FAY KEEPS $5M PAYOUT

" (The rerdgs belong to Motown Rerds, which is owned by Universal, which turn owns Interspe — the rerd pany that released Blurred L and a fendant the Gay' untersu.

His cisn enforced that the Marv Gaye rerdgs of "Got To Give It Up" and "After The Dance" uldn't be heard urt — the attorneys are only g stripped-down more importantly, the cisn means that cidg whether gement occurred, the jury will only nsir whether "Blurred L" and "Love After War" borrow excsively om what's the Gay' lead sheets.

EXPERT: ‘BLURRED L’ HOOK, BASS LE SIAR TO MARV GAYE H

The Gay' attorneys argue that what's left — the lyrics, the vol melody, the keyboard le and the bass — still remble Thicke's songs enough to say they're what are the siari? On Thursday and Friday, the Gaye fay's attorney Richard Bch lled a pair of milogists to the stand, and the urtroom beme a urse on mic theory wh their ttimoni on what they hear mon between the posns. )Here's the breakdown of siari:"Signature phrase": Judh Fell, the Berkeley-ted head of a milogy nsultg firm, labeled one phrase per song the immediately intifiable "signature phrase": the openg lyrics "I ed to go out to parti" Gaye's "Got To Give It Up" and the chos opener "And that's why I'm gon' take a good girl" "Blurred L.

‘BLURRED L’ INGED ON MARV GAYE COPYRIGHT, JURY RUL

Though the chord progrsns aren't intil — Miller poted out that "Got To Give It Up" eight chords while "Blurred L" jt two — Fell noted they both e E and A Gay' other mil expert, Harvard profsor of Ain-Amerin mic Ingrid Monson, argued that Gaye's bass le and s pairg wh a reggae- or ragtime-fluenced keyboard melody were highly unual Motown mic.

ROB THICKE, PHARRELL WILLIAMS TO PAY $5 LN TO MARV GAYE TATE FOR 'BLURRED L'

Miller rpond that Thicke's vols don't match the Gaye sheet mic, but Fell said the discrepancy is bee Thicke's theme X match a harmony not wrten but implied the lead sheet.

Pharrell Williams and Rob Thicke had a certified h on their hands wh 2013’s "Blurred L, " a Billboard Song of the Summer that seemed to many listeners to borrow om Marv Gaye’s qutsential 1977 h “Got To Give It Up. Wh the Circu Court fdg favor of the Gaye tate, means that artists might nsir errg on the si of utn and extreme due diligence when to the forc that lead to song or beat creatn. Bee 's mighty difficult to listen to Stevie Wonr, Marv Gaye and Dnne Warwick your whole life and not some way be spired by their mic a way that might meld wh or fluence your own origal works later life.

That's bee the song was excellent and will ntue to garner streams and sps, so Gaye’s fay stands to prof nsirably om the age and future age if the song ntu to circulate. The attorney for some members of the Gaye fay says the se played out well, and he also says he believ the Gaye fay would have pursued this lawsu even if the song wasn't a smash h.

WILLIAMS V. GAYE: “BLURRED L” APPEAL HEARG CENTERS ON ADMISSIBILY OF EVINCE ABOUT ORIGAL SOUND RERDG

It regniz that the jury properly found that 'Blurred L' pied Marv Gaye’s groundbreakg 1977 h 'Got to Give It Up, '" said Richard Bch, an attorney for some of the Gaye fay members. The long pyright lawsu over Pharrell Williams and Rob Thicke's "Blurred L, " and whether ripped off Marv Gaye's "Got to Give It Up, " reared s head aga after supposedly ncludg 2018. " Gaye's fay argu this statement shows Williams mted perjury durg his posn the pyright se, when he stated: "I did not go the stud wh the tentn of makg anythg feel like, or to sound like, Marv Gaye.

(Photo by Josh Brasted/FilmMagic) Cred: Josh Brasted/FilmMagic "The admissns are irrencilable wh Williams's repeated, sworn ttimony this actn that: neher 'Got To' nor Marv Gaye ever entered his md while creatg 'Blurred, ' that he did not try to make 'Blurred' feel like 'Got To' or sound like Marv Gaye, " the Gaye fay's motn reads, argug this nstut "a d on this Court. " In 2015, a jury found Williams and Thicke liable for pyright gement, and an appeals urt upheld the lg 2018, wh Judge Kronstadt awardg damag and half of all future royalti for "Blurred L" to the Gaye fay. Image source, InterspeImage ptn, Blurred L went to number one the UK while s X-rated vio provoked ntroversyRob Thicke and Pharrell Williams pied one of Marv Gaye's songs to create their 2013 smash Blurred L, an appeal urt has urt upheld a 2015 verdict agast the stars, which means Gaye's fay will get to keep a $5m (£3.

Circu Judge Jacquele Nguyen add that the lg "strik a vastatg blow to future micians and posers everywhere" the origal 2015 trial, a jury found that Blurred L had pied Gaye's 1977 h Got To Give It Up - spe many observers claimg the songs were only siar feel, rather than, Williams and rapper TI, who ntributed a verse to the track, lnched an appeal 2016 and were backed by 212 fellow songwrers, among them John Oat, Jason Mraz and members of Lk argued the verdict "threaten[ed] to punish songwrers for creatg new mic that is spired by prr works.

EXCLUSIVE: AFTER 'BLURRED L' VICTORY, GAYE FAY TALKS EMOTNAL VERDICT, 'HAPPY' SIARI

"Image source, Getty ImagImage ptn, The h sgle ma more than $5m (£3m) for Williams (left) and ThickeBut the 9th US Circu Court of Appeals largely upheld the cisn, while clearg TI - real name Clifford Harris Jr - of any pyright judg rejected Williams and Thicke's requt to orr a new trial, sayg Gaye's pyright was entled to broad protectn. Wednday's cisn prompted a strong dissent om Circu Judge Jacquele said the cisn let the Gay "acplish what no one has before: pyright a mil style" and expand the potential for further pyright ligatn.

DID ROB THICKE STEAL ‘BLURRED L’ OM MARV GAYE? BY JOE BENT | FEB 1, 2014 | FM2, PLAGIARISM, REARCH, SONGWRG | 74 MENTS[ED: UPDATE 12 MARCH 2015]THE SE HAS NOW BEEN ROLVED, AND THE JURY FOUND THE GAY’ FAVOUR, SPE THE PYG NOT BEG EXACT AND THE MIL ELEMENTS DISSIAR, AS MY ORIGAL FEBARY 2014 POST (BELOW) ARGU. IN AN TERVIEW WH THE HOLLYWOOD REPORTER, RICHARD BCH, THE GAYE FAY LAWYER, SCRIB HOW THE THICKE SI’S HUBRIS AND NSISTENCY NTRIBUTED TO THE JURY VERDICT GOG AGAST THEM – BUT SISTS THAT THE SE WAS SUCCSFUL BEE OF THE CHARACTERISTICS OF THE MIC SELF. FOR THOSE WHO HAVE SAID THAT THIS SETS A DANGERO PRECENT FOR CREATORS (CLUDG ME – SEE THIS MTV NEWS TERVIEW), THIS MAY BE SO TERMS OF DISURAGG MIL HOMAGE ARRANGEMENTS. BUT (US) LEGAL TERMS, A JURY LG IS DIFFERENT OM A URT LG, SO EACH SE IS JUDGED ON S MERS AND ON THE SPECIFIC EVINCE PRENTED. THEREFORE THIS SETTLEMENT DO NOT REPRENT ‘SE LAW’ (AS ATTORNEY BRIAN D CAPLAN POTS OUT THE SAME MTV FEATURE) BUT HAS CERTALY MA SOME CREATORS RATHER UNCERTA ABOUT THEIR FUTURE SONGWRG AND PRODUCG PRACTIC… [JB][ORIGAL POST OM FEBARY 2014 FOLLOWS]THERE’S BEEN A LOT OF MEDIA TERT THE RECENTLY-ROLVED DISPUTE OVER THE ALLEGED SIARY BETWEEN ROB THICKE’S ‘BLURRED L’ (2013) AND MARV GAYE’S ‘GOT TO GIVE IT UP’ (1977). THE PRS RELEASE THAT STARTED  WAS WRTEN BY THE GAYE FAY’S REPRENTATIV KG AND BALLOW, SO THE SECTN I QUOTE BELOW IS OBVLY ACCATORY, AND THE ‘EVINCE’ C APPEARS TO BE BASED ON LAY LISTENER OPN:THE “BLURRED L” TR SHED TO FILE THEIR SE SOON AFTER THEIR SONG BEGAN ATTRACTG OVERWHELMG ATTENTN OM CRICS AND FANS ABOUT THE SUBSTANTIAL SIARI THAT SURPASS THE REALM OF CINCE TO “GOT TO GIVE UP.”  ON AUGT 8, 2013 ROB HOERBURGER THE NEW YORK TIM  WROTE “BUT WHAT I KEEP G BACK TO IS THE SONG’S CHOICE DNA… AND THAT BASS LE ME RIGHT OM MARV GAYE’S NO. 1 H OM THE SUMMER OF ’77, ‘GOT TO GIVE IT UP’.” IN THE AUGT 23, 2013 ISSUE OF ROLLG STONE MAGAZE, CONTRIBUTOR DAVID RZ WROTE, “WHEN I FIRST HEARD ROB THICKE’S ‘BLURRED L,’ MY REACTN WAS THE SAME AS LNS OF OTHER R&B FANS: HEY, THAT’S MARV GAYE’S “GOT TO GIVE IT UP.”  THICKE AND PANY NOT ONLY PPED [SIC] GAYE’S DISTCT BASS LE, BUT THE FG FUNK OF THE WBELL ACCENTS. I WASN’T ENTIRELY SURPRISED, SCE SOME YEARS EARLIER THICKE’S ‘LOVE AFTER WAR’ WAS A VIRTUAL LIFT OF MARV’S ‘AFTER THE DANCE’ …”  A QUICK REVIEW OF THE TER REVEALS THE MENTS ARE FAR OM ALONE THIS RPECT.KG AND BALLOW PRS RELEASE, OCTOBER 2013 (SOURCE: RTERS)THE ALLEGATNS, THEN, WERE THAT THICKE (WH -WRERS PHARRELL WILLIAMS AND CLIFF HARRIS JR)COPIED THE BASS LE OF GAYE’S ‘GOT TO GIVE IT UP’.COPIED THE ‘FG FUNK’ OF THE WBELL ACCENTS.HERE’S A SPOTIFY PLAYLIST AND A YOUTUBE PARISON – LISTEN FOR YOURSELF. [SPOTIFY ID=”SPOTIFY:ER:JOEBENTBATH:PLAYLIST:5FGLQXSR6JJ8PLJHULP9MX” WIDTH=”300″ HEIGHT=”300″ /]——–HERE ARE THE FACTS:BLURRED L IS 120 BEATS PER MUTE.GOT TO GIVE IT UP IS  122 BEATS PER MUTE.BOTH SONGS FEATURE A SYNPATED WBELL PART AND AN ELECTRIC PIANO (GAYE’S BASSLE IS ACTUALLY PLAYED ON A 1976 RMI HARMONIC SYNTHISER).THE VOL MELODI AND LYRICS OF THE SONGS ARE VERY OBVLY DIFFERENT OM ONE ANOTHER.THE SONGS HAVE DIFFERENT CHORD PATTERNS OM EACH OTHER.THE RERDGS ARE DIFFERENT KEYS; ‘BLURRED L’ IS G; ‘GOT TO GIVE IT UP’ IS A.THE TWO BASSL ARE TRANSCRIBED BELOW. I’VE TRANSPOSED ‘BLURRED L’ TO THE SAME KEY AS ‘GOT TO GIVE IT UP’ HERE FOR EASE OF PARISON, AND NOTATED THEM A MOR (NO SHARPS OR FLATS) PARTLY FOR SIMPLICY AND PARTLY BEE BOTH BASSL ARE BUILT ON NOT OF THE HOME KEY’S MOR PENTATONIC SLE. THIS ‘NORMALISATN’ IS TEND TO HIGHLIGHT ANY SIARI THAT MIGHT OTHERWISE BE DISGUISED BY TRANSCRIBG ‘BLURRED L’ THE ORIGAL KEY – THAT IS, I’M GIVG GAYE’S SI THE BT POSSIBLE CHANCE OF PROVG THEIR ASSERTN THAT THE BASSLE HAS BEEN PIED. GOT TO GIVE IT UP (MARV GAYE) – TRANSCRIBED OM BAR 5 [0:14]. THIS BASSLE EMPLOYS SUBSTANTIAL RHYTHMIC VARIATNS THROUGHOUT THE SONG. BLURRED L (ROB THICKE). THIS 8-BAR BASS LE IS LOOPED THROUGHOUT THE SONG.WHEN PARED NOTE FOR NOTE LIKE THIS, THE DISSIARY IS OBV. THE BASSL E DIFFERENT NOT, RHYTHMS AND PHRASG OM EACH OTHER. THEY’RE EVEN TAKEN OM DIFFERENT MIL SL. THICKE’S BASS NOT ARE ALL TAKEN OM THE MIXOLYDIAN MO; THE GAYE BASSLE IS BASED AROUND THE PENTATONIC MOR SLE.NOW LET’S LOOK AT THAT WBELL. GAYE THE FOLLOWG WBELL RIFF, WHICH PLAYS PRETTY NSISTENTLY THROUGH THE TRACK. GOT TO GIVE IT UP (MARV GAYE) – 2-BAR WBELL LOOP.THICKE’S SONG HAS MORE WBELL. I’VE NOTATED BOTH PARTS BELOW. THE UPPER ONE (PANNED RIGHT THE MIX) PLAYS A SPECIFIC PATTERN, WH A DIFFERENT RHYTHM OM THE GAYE SONG; THE LOWER ONE (PANNED LEFT) PLAYS AN OFF-BEAT, LIKE A REGGAE ‘SKANK GUAR’ GROOVE. THE LOWER ONE DROPS AND OUT PERDILLY DURG THE TRACK. BLURRED L (ROB THICKE) – 2-BAR WBELL LOOP. COWBELL 1 VARI THIS PATTERN SLIGHTLY ON BEAT 4 AT TIM.THICKE’S WBELLS (ACTUALLY A WBELL AND ANOTHER PERCSN STMENT THAT SOUNDS TO ME MORE LIKE AN ELECTRONIC CLAVE) SYNPATE ON THE 16TH NOT (A SEMIQUAVER GROOVE); GAYE’S SONG IS VERY CLEARLY AN 8 GROOVE. THE ONLY SIARY IS THAT EACH RIFF PLAYS THE FIRST THREE 8TH NOT (QUAVERS) OF THE BAR.———–SO, THOSE ARE THE FACTS, AT LEAST REGARDG POSNAL NOTE CHOIC. NOW LET’S GET BACK TO THE FIRST ACCATN THE PRS RELEASE:THICKE AND PANY NOT ONLY [PIED] GAYE’S DISTCT BASS LE…IF THIS IS TE, AND THICKE’S TEAM  ACTUALLY ‘PIED THE BASS LE’, THEN THEY  CHANGED MOST OF THE PCH, MOVED LOTS OF NOT AROUND, AND LETED SOME NOT. OR PUT ANOTHER WAY, THEY WROTE AN ORIGAL BASSLE.[THICKE HAS PIED] THE FG FUNK OF THE WBELL ACCENTS.WHAT EXACTLY IS ‘THE FG FUNK’? MOST OF THE ACCENTS ‘BLURRED L’ DO NOT APPEAR ON THE SAME BEATS OF THE BAR AS THE GAYE SONG, WHICH BY ANY REASONABLE RHYTHMIC FN MAK THEM DIFFERENT ACCENTS. OR PUT ANOTHER WAY, THEY ARE AN ORIGAL POSNAL IA.SO IF THE NOTE-TO-NOTE MIL DISSIARI ARE SO OBV, WHY DID THIS PRS RELEASE BOTHER TO ACCE THICKE ET AL OF PLAGIARISM? CLEARLY GAYE’S FAY THOUGHT THEY HAD A SE. I THK THE REASON IS THAT THE TRACKS DO SOUND SIAR. INED, I DON’T DOUBT THICKE’S PRODUCTN TEAM LIBERATELY ED ‘GOT TO GIVE IT UP’ AS A STYLE TEMPLATE TO CREATE THE SOUND AND FEEL OF ‘BLURRED L’. THE STMENTATN AND TEMPOS ARE PRETTY MUCH THE SAME, AND THERE ARE MANY NOTABLE ARRANGEMENT CISNS THE GAYE SONG (FOR EXAMPLE, PLAYG THE BASSLE ON AN ELECTRIC PIANO) THAT OCCUR   ‘BLURRED L’. IN FACT, THICKE HIMSELF STATED PUBLICLY A GQ TERVIEW THAT HIS TEAM WROTE ‘BLURRED L’ G ‘GOT TO GIVE IT UP’ AS SPIRATN:PHARRELL AND I WERE THE STUD AND I TOLD HIM THAT ONE OF MY FAVORE SONGS OF ALL TIME WAS MARV GAYE’S “GOT TO GIVE IT UP.” I WAS LIKE, “DAMN, WE SHOULD MAKE SOMETHG LIKE THAT, SOMETHG WH THAT GROOVE.” THEN HE STARTED PLAYG A LTLE SOMETHG AND WE LERALLY WROTE THE SONG ABOUT A HALF HOUR AND RERD . THE WHOLE THG WAS DONE A UPLE HOURS…ROB THICKE TERVIEW, 7TH MAY 2013 (TERVIEWED BY STELS PHILI FOR GQ MAGAZE). THE RMI HARMONIC SYNTHISER, ON WHICH MARV GAYE PLAYED THE BASSLE FOR ‘GOT TO GIVE IT UP.’SO HOW DID THIS SUATN GET SO OUT OF HAND WHEN WAS CLEAR OM THE START THAT THE POSNS E DIFFERENT NOT AND RHYTHMS OM EACH OTHER? I THK THE ANSWER LI THE FACT THAT THERE IS A DIFFERENCE BETWEEN THE NCEPT OF THE SONG AND THE SOUND RERDG OF THE SONG. LISTENERS HEAR THE SONG AND THE SOUND RERDG SIMULTANEOLY, BUT MIC DTRY ADM REQUIR THE SONG AND THE SOUND RERDG TO BE TREATED SEPARATELY (BEE THEY ARE SEPARATE PYRIGHTS). THE GAYE AND THICKE RERDGS SOUND VERY SIAR TO EACH OTHER, BUT THEY E DIFFERENT NOT, SO WOULD BE DIFFICULT TO MAKE A SE THAT THE POSN HAS BEEN PLAGIARISED. AND OF URSE, BLURRED L DO NOT SAMPLE ANY OF THE D OM GAYE’S 1977 SOUND RERDG.SO TO MAKE A SUCCSFUL ACCATN OF PYRIGHT GEMENT, GAYE’S SI WOULD HAVE HAD TO ARGUE THAT THE PRODUCTN ‘FEEL’ (OR AS THE KG AND BALLOW PRS RELEASE PUTS , ‘CHOICE DNA’) OF ‘GOT TO GIVE IT UP’ ULD ATTRACT PYRIGHT. ANY LEGAL ACTN WOULD PROBABLY HAVE REQUIRED THE URT (WH THE HELP OF MILOGISTS) TO FE EXACTLY HOW THIS ‘CHOICE DNA’ MANIFTED SELF THE RERDG, ORR TO DISCS SIARI. THE ACT OF PUTTG AN ELECTRIC PIANO TOGETHER WH A WBELL AND A 120BPM DIS BEAT WOULD NEED TO HAVE BEEN JUDGED A CREATIVE ACT SELF, MAKG STMENTATN AND POSSIBLY EVEN GENRE TO PROTECTABLE INTELLECTUAL PROPERTY. WHICH WOULD HAVE HAD MASSIVE IMPLITNS FOR FUTURE CREATORS OF MIC.I’M OFF NOW. MY DELOREAN IS HEADG TO 1885, WHICH IS WHEN I VENTED THE SNARE DM BACKBEAT.74 COMMENTS

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