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Robin/Pharrell's motion denied
Robin Thicke & Pharrell Lose First Fight Against Marvin Gaye's Family
Quote:
A California judge rules that Marvin Gaye's family has made a sufficient showing that elements of "Blurred Lines" may be substantially similar to "Got to Give It Up."
In a ruling that could set up one of the biggest trials ever over alleged song theft, U.S. District Judge John Kronstadt on Thursday denied Pharrell Williams and Robin Thicke's motion for summary judgment in a lawsuit that explores the origins of the blockbuster hit, "Blurred Lines."
The two musicians filed a lawsuit in September 2014 after receiving threats from Marvin Gaye's family, who contend the song is a knock-off of "Got to Give It Up." The lawsuit sought declaratory relief that "Blurred Lines" was non-infringing, painting the defendant as attempting to claim ownership of an entire genre. That led to a countersuit where the Gaye camp asserted that the song was indeed infringing, that Thicke had a "Marvin Gaye fixation," and that he had also stolen a second song, "Love After War" from Gaye's "After the Dance."
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Specifically, the judge points to genuine issues of material fact existing as to the substantial similarity of signature phrases, hooks, bass lines, keyboard chords, harmonic structures and vocal melodies of the two songs. The judge also writes that the Gaye family has offered sufficient evidence to create triable issues about whether their 11-note
signature phrase, four-note hook, four-bar bass line, 16-bar harmonic structure and four-note vocal melody are protectable expressions.
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A trial is currently scheduled for February 10, 2015.
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