ATRL Contributor
Member Since: 11/5/2011
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Blurred Lines to be exposed in court
Quote:
On Monday, Marvin Gaye's children delivered a message to a California federal judge: Hearing is believing so listen up.
Nona Gaye, Frankie Gaye and Marvin Gaye III have now filed their summary judgment papers in a lawsuit over "Blurred Lines" and are pointing the judge to recorded depositions and media interviews given by producer Pharrell Williams and singer Robin Thicke. The children have also submitted an audio mash-up that's intended to serve as "concrete musical illustrations of the substantial similarities" between last year's huge hit and Gaye's "Got to Give it Up."
According to the Gayes' bid for summary judgment, "Not only was it, therefore, Thicke and Williams who actually 'smelled money,' but it was they who then played the role of bully by suing Marvin Gaye's children when the Gaye children had the temerity to question why their father was not credited, or why 'Got to Give it Up' was not licensed, betting that the Gaye children would not have the will or resources to fight this battle. Thicke and Williams bet wrong, and they will now have to face the consequences of their misjudgment and their blatant copyright infringement."
In theory, the Gaye children should have an easier time on their counterclaims than most plaintiffs in copyright litigation. Under what's known as the "inverse ratio rule," a lower standard of proof of similarity is necessary when a high degree of "access" is shown. The Gaye children say that with or without the application of the inverse-ration rule, they should prevail.
To that end, they have produced for the judge's ears a mash-up —quite possibly the first time ever in a courtroom that a mash-up has been exploited to prove copyright infringement. In the recording, the vocal material of "Blurred Lines" plays over the instrumental of "Got to Give It Up," and vice versa. "This material sounds like a perfect, natural match because it blends sonically," says the summary judgment memorandum.
If that's not enough, the Gayes have two expert musicologists describing eight substantial similarities: "(1) the signature phrase in the main vocal melodies; (2) the hooks; (3) the hooks with backup vocals; (4) the core theme in 'Blurred Lines' and backup hook in 'Got to Give it Up'; (5) the backup hooks; (6) the bass melodies; (7) the keyboard parts; and (8) the unusual percussion choices."
The decision should be coming in the coming months. A jury trial has been scheduled for Feb. 10, 2015.
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but what is right is right.