Marv Gaye's Fay Ws 'Blurred L' Appeal; Pharrell, Rob Thicke Mt Pay

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.

MARV GAYE FAY PREVAILS 'BLURRED L' PLAGIARISM SE

“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. 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. 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.

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.

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

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.

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

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 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.

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. 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. 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.

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

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.

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

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. 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.

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

(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.

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

" 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.

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

"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.

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

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. "Image source, RtersImage ptn, Frankie (left) and Nona Gaye said the urt proceedgs uld have been avoidMilogists have reacted wh disappotment to the lg, sayg might hr creativy the Bent, a profsor at Berklee College of Mic, wrote a note-by-note parison of the two songs 2014 and nclud they only shared a groove. Nearly four s may separate Marv Gaye’s “Got to Give It Up” and Rob Thicke’s “Blurred L, ” but many of s mil elements hew too close for fort, a milogist ttified Thursday a feral pyright gement Fell was lled to the stand by the children of Marv Gaye, who are sug Thicke, sger and producer Pharrell Williams and rapper T.

Earlier Thursday, an executive for Universal Mic Enterpris, which manag Marv Gaye’s talogue, ttified about emails he had wrten after “Blurred L” beme a Weger said he wrote an email about takg advantage of the rnchy “Blurred L” vio’s populary to advertise the Gaye song on YouTube. AdvertisementSKIP McCarten/RtersMarch 10, 2015For the last year and a half, the mic dtry has been gripped by a lawsu over whether Rob Thicke’s 2013 h “Blurred L” was merely remiscent of a song by Marv Gaye, or had crossed the le to plagiarism.

Nona and Frankie Gaye quickly the verdict was read on Tuday, members of the Gaye fay — who were prent at urt throughout the trial — exulted and shed tears of joy.

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

”A rrectn was ma onMarch 13, 2015: An article on Wednday about the pyright gement trial volvg the song “Blurred L” referred imprecisely to the damag award to the fay of Marv Gaye.

Rob Thicke, Pharrell Williams to pay $5 ln to Marv Gaye tate for 'Blurred L'The five-year legal battle has end wh a verdict favor of Mart Gaye's tate, who sued claimg "Blurred L" pied Gaye's "Got To Give It Up"Sger Pharrell Williams and sger Rob Thicke perform together Fayetteville, Arkansas, on June 6, Wilkg / Rters fileDec. 13, 2018, 8:24 PM UTCThe long drawn-out pyright battle over Rob Thicke’s 2013 song “Blurred L” has end after a judge orred Thicke and Pharrell Williams to pay almost $5 ln to Marv Gaye’s tate the se’s fal lg.

Was cleared of any liabily March, a cisn upheld this last and fal Gaye tate was also reward half of the song’s nng royalti om after the urt’s origal judgment date, and tert of 0. In 2016, more than 200 micians, cludg Jennifer Hudson and Hans Zimmer, filed an amic brief support of Thicke and Williams appeal, claimg the verdict would be “very dangero” to the mic the Gaye fay first filed their lawsu, other high-profile artists like Lana Del Rey and Mark Ronson have been siarly KslenBen Kslen is a reporter for NBC News.

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

Composer, arranger, and thor Richard Nil, PhD., talks about the signifince of the pyright claim agast Rob Thicke and Pharrell Williams song “Blurred L” and victor lawsu om the Marv Gaye tate. But when the Marv Gaye tate was victor s claim that the Rob Thicke and Pharrell Williams song “Blurred L” had ged the pyright of Marv Gaye’s “Got to Give It Up, ” sent rippl through the mic dtry. Still, while ncedg that “Blurred L” did not py any of Gaye’s melodi or lyrics, the urt neverthels led that the siary of the “feel” of the rhythm sectn was sufficient grounds for a cisn of pyright gement.

But no one has mentned that the rhythm arrangement on “Got to Give It Up” was not wrten by Marv Gaye alone, though he owned the rights to acrdg to pyright law as terpreted at the time.