Seems like there isn’t much today that’s totally and uniquely original…
You can find some form of “prior art” in almost anything if you’re remotely paying attention;
Facebook looked like MySpace.
Twitter is just a glorified text message.
iTunes morphed from the file sharing primordial ooze of Limewire and Napster; only iTune’s legal
YouTube does little more than allow other people to see your videos – how original is that? And for that it carries a $50 billion dollar market value while you give up ownership of your content (but that’s a whole nother story).
However when it comes to Robin Thicke’s “Blurred Lines,” the breakout hit of the summer, soul legend Marvin Gaye‘s estate thinks Thicke has infringed on Gaye’s rights almost as much as Gaye’s dad did when he shot and killed him in 1984.
“Blurred Lines” – after 10 weeks in the Top 10 – was purportedly “written” by Thicke, Pharrell Williams and Clifford Harris (who goes by the name T.I. for additional street cred, I presume).
And in those 10 weeks it’s gotten more than its fair share of attention. First there were accusations that the video was X-rated and misogynistic. To which Thicke might have simply replied. “Oh, I see you’ve seen it.”
Then a small rumble started inside the Gaye camp and at Bridgeport Music – owners of selected tunes from George Clinton and P-Funk’s catalog – concerning the similarities to, “Got to Give It Up” by Gaye and “Sexy Ways” by Funkadelic.
Sensing a potential threat, Team Thicke responded with a preemptive lawsuit seeking to prove there is nothing to hear here.
Bridgeport Music has extensive experience in court, at times having been accused of being “sample trolls” just looking for a suit to file. They sued N.W.A. for sampling a two second riff from P-Funk’s “Get Off Your Ass and Jam” in their song “100 Miles and Runnin’.”
A two second sample, mind you.
The suit filed by Thicke’s people isn’t seeking damages – no money will change hands – they simply want the Judge to agree there’s no infringement and decide the rights of the parties. The question is, can you be “heavily influenced” by a song but not guilty of copying? And at what point in the creative process does one step over the line?
Did Thicke cross that clearly blurred line?
Maybe yes, maybe no; or as President Clinton stated in his impeachment hearing, it depends “what the meaning of ‘is’ is.”
Copyright laws protect the “expression” of ideas, not the idea itself and relies on a not so simple test; is it out and out copying of a prior work or is a substantial similarity to the prior work sufficient to constitute “improper appropriation?”
Copying can be proven by direct evidence, outright admission or circumstantial evidence.
Substantial similarity means “substantial in degree as measured either qualitatively or quantitatively” and similarity is defined as “similar in the eyes of the ordinary member of the intended audience.”
That means you and me.
This case will probably never see a court room, but one major strike against the defendants, Frankie Christian Gaye, Marvin Gaye III, and Nona Marvisa Gaye will be the Gaye family “claims ownership of an entire genre, as opposed to a specific work” and the intent of “Blurred Lines” was to “evoke an era” not to infringe on the copyright of any other work.”
One can’t own or copyright an entire genre.
This isn’t a new problem, as I’m sure you’re all aware.
Former Beatle George Harrison’s “My Sweet Lord” was all but identical to the Chiffon’s “He’s So Fine.” Harrison was found guilty of “subconscious plagiarism” and wrote a check made out to The Chiffon’s for $587,000.00.
Some of the most famous cases include Led Zepplin’s “Going to California” ripped off by Pearl Jam in “Given to Fly.” Queen and David Bowie’s “Under Pressure” was directly sampled and ripped off by Vanilla Ice in “Ice, Ice Baby.” Huey Lewis’ “I Want A New Drug” was all but identical to Ray Parker Jr.’s “Ghostbusters.”
And The Beatles: Ob-La-Di, Ob-La-Da was borrowed by Offspring in “Why Don’t You Get a Job?” while Chuck Berry’s “Sweet Little Sixteen” was lifted so the Beach Boys could write “Surfin’ USA” back when Brian Wilson still had two brain cells to rub together.
If you listen to the songs in question today – Thicke’s and Gaye’s – there’s no room for doubt. Thicke was at the very least influenced heavily by Gaye and P-Funk’s prior work. But is there enough similarity to considered it “copied” in the ears of the “intended audience” or the eyes of blind justice?
I would look for the court to rule, much like in the case of Harrison, Thicke’s guilty, even if only “subconsciously.”
Marvin Gaye III told TMZ, “There’s a way to do business and a way not to do business, and we’re not happy with the way he went about doing the business,” adding, “He’s suing us over something where he clearly got his inspiration from at the least.”
“Blurred Lines” in the title, blurred lines in the sexuality and misogynistic behavior, blurred lines in its origin? I Love the song, you can’t get it out of your ears when you hear it.
But to your well-coiffed scribe, it’s not that blurred.
My verdict is in; Gaye estate and Bridgeport for the win.
@George_Clinton: “No sample of #Funkadelic’s ‘Sexy Ways’ in @RobinThicke’s ‘Blurred Lines’ – yet Armen Boladian thinks so? We support @RobinThicke @Pharrell!”
Led Zep stole more than the James gang did.
# Babe I’m Gonna Leave You” – A folk song by Anne Bredon, this was originally credited as “traditional, arranged by Jimmy Page,” then “words and music by Jimmy Page,” and then, following legal action, “Bredon/Page/Plant.”
# “Black Mountain Side” – uncredited version of a traditional folk tune previously recorded by Bert Jansch.
# “Bring It On Home” – the first section is an uncredited cover of the Willie Dixon tune (as performed by the imposter Sonny Boy Williamson).
# “Communication Breakdown” – apparently derived from Eddie Cochran’s “Nervous Breakdown.”
# “Custard Pie” – uncredited cover of Bukka White’s “Shake ‘Em On Down,” with lyrics from Sleepy John Estes’s “Drop Down Daddy.”
# “Dazed And Confused” – uncredited cover of the Jake Holmes song (see The Above Ground Sound Of Jake Holmes).
# “Hats Off To (Roy) Harper” – uncredited version of Bukka White’s “Shake ‘Em On Down.”
# “How Many More Times” – Part one is an uncredited cover of the Howlin’ Wolf song (available on numerous compilations). Part two is an uncredited cover of Albert King’s “The Hunter.”
# “In My Time Of Dying” – uncredited cover of the traditional song (as heard on Bob Dylan’s debut).
# “The Lemon Song” – uncredited cover of Howlin’ Wolf’s “Killing Floor” – Wolf’s publisher sued Zeppelin in the early 70s and settled out of court.
# “Moby Dick” – written and first recorded by Sleepy John Estes under the title “The Girl I Love,” and later covered by Bobby Parker.
# “Nobody’s Fault But Mine” – uncredited cover of the Blind Willie Johnson blues.
# “Since I’ve Been Lovin’ You” – lyrics are the same as Moby Grape’s “Never,” though the music isn’t similar.
# “Stairway To Heaven” – the main guitar line is apparently from “Taurus” by Spirit.
# “White Summer” – uncredited cover of Davey Graham’s “She Moved Through The Fair.”
# “Whole Lotta Love” – lyrics are from the Willie Dixon blues “You Need Love.”
And how about that A-B-C song rippin’ off Twinkle, Twinkle, Little Star?
I think harley has a suit claiming the guy who invented the wheel put his family out of work.
Outta the park Orphan.
Wow. You just made me regret putting Zeppelin in high regard all these years. All that copying made them sound worse than Nickelback.
Elvis died his hair and was a pedophile, Dick Clark was THE player in the payola scandal of the 50s, there is also no Santa Claus.
But as Nurse Robin sez, we still have the Easter Bunny.
HOLY PLAGERISM, Orphan!
I can always count on you, the compendium of all things music, to swoop in and put the icing in the cake!
Bless you, my son. (Used with credit from Jesus)
I remember when Sun was more than the daylight shining on Memphis, TN.
Very punny… I see what you did there.
You mean plagiarized Jesus? Horus and Dionysus are demanding some credit here.
Music basically lifted from Gaye and Clinton with the vocal style lifted from Prince.
Nothing original here folks save the tittays on the ‘hotties’.
DUDE!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! So good to see you. Email me!
And he’s back!
Interesting and funny Paul.
🙂
I do what I can, Chuck.
chuck, MR Wilson and I need to get together for a detailed description of The Ozark Music Festival. Hopefully my friend John will be available at the same time. Between the two of you there is a chance at a coherent account. You both rode motorcycles down so we can meet on the Plaza and I’ll take up two parking spots with my scooter.
I SECOND that, Orphan. Chuck, pick the time, we have the place. I’ll BORROW a bike just so I can illegally park, then we’ll take pictures and send them to Hearne, it’ll make him more crazy than editing a Glaysure piece.
I did indeed ride my Harley down there with 6 other guys.
It was hot.
🙂
I’m too old to muscle around a Harley anymore.
I can drink beer anywhere. It’s a talent.
You two old dirtballs need to stop talking about it and pick a place. I think it would be some fun! Let the KID come show you how its done!
I’m in Sleaze Sumitt so Paul could come to Coach’s.
I’ll check the nursing home’s shuttle bus schedule.
Im in Olathe, Kansas’ version of Raytucky. I’m assuming you mean Coaches off 435 and Holmes, or whever ever it is? I”m good with that.
Coach’s works.
🙂
Right now, I gotta go eat Messican food.
🙂
In one of those never ending parking spaces in front of Latteland, no doubt!
Nice circle jerk, guyz
We can’t afford to get a room.
Tru dat, Orphan. In Harley’s words, I’m just a broke dick loser has been who fell down and couldn’t get up. I’m so broke I can’t even pay attention. It’s sad. I could have been so much ….
I’m so poor most folks won’t take my cash.
At least you are a has-been. I’m a never-was.
Orphan, that’s why I don’t talk to you, I’m discriminatory like that. I stick with those who were at least somebody sometime. You losers who never were anything, well, that’s beneath me.