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After "Blurred Lines" Victory, Gaye Family Takes Another Listen to "Happy"
CBS News ^ | March 11, 2015 | ZACH SEEMAYER

Posted on 03/13/2015 5:18:22 PM PDT by nickcarraway

After winning a major victory in court over the song "Blurred Lines," Marvin Gaye's family sat down with ET's Nischelle Turner to talk about what the court decision means to them.

On Tuesday, a jury ruled in favor of the Gayes following claims that Robin Thicke, Pharrell Williams, and T.I.'s 2013 hit song was too similar to Gaye's "Got to Give it Up." The family was awarded more than $7 million for using key elements of the original R&B record without permission. (Only Thicke and Williams, the two songwriters, will have to pay damages.)

"My heart started pounding but I still had faith that the verdict was going to go our way," Janis Gaye, Marvin's ex-wife, said of the moments just before the verdict was read. And when the jury ruled in their favor, emotion swept over the room. "That's when I lost it completely. And I was filled with incredibly powerful emotion."

While the family was just awarded $7.4 million -- and is currently seeking an injunction against the song -- that doesn't mean their legal battle is over. According to some online, Williams' 2014 mega-hit "Happy" bears a similar sound to Gaye's "Ain't That Peculiar."

"I'm not going to lie. I do think they sound alike," Nona Gaye, Marvin's 40-year-old daughter, said. However, she added that she wasn't thinking about the legal implications right now. "We're not in that space."

"We're just in the moment today and we're satisfied," Janis added.

"I heard the mash-ups -- but I didn't really need to hear them," said Janis Gaye. "I know 'Ain't That Peculiar' and I've heard 'Happy.'"

"Ain't that peculiar," quipped Marvin Gaye III.

Still, the family said they weren't thinking about further legal action right now. "We're not in that space. We're just in the moment today and we're satisfied," Janis added.

Video: How Thicke knew "Blurred Lines" would be huge So how does the family respond to critics who say that, even though "Blurred Line" and "Got to Give It Up" have a similar feel, that doesn't mean the elements were stolen maliciously? Where is the line between theft and simply finding inspiration in music that came before your own?

"I don't think there's anything wrong with being inspired," Nona explained. "I've been inspired when I made music before. Inspiration's fine, but the line is when you decide to take the complete and utter essence out of the song. When you take all the meat, and leave the bones."

Add to it the fact that Williams reportedly wrote "Blurred Lines" in under an hour, the Gayes feel like Williams cheated his way to the finished product.

"When I first heard that he had said he did it in an hour, my first thought was, 'That's because it was already done in 1977.'" Janis said. " So why would it take you any longer than 20 minutes... to redo something that had already been done 40 years earlier?"

With this major legal battle behind them, the family has to refocus. "We didn't want to have to go through it [In the first place]," Marvin Gaye III said. "It's been a long journey so we need time to reflect... Right now it's all surreal."


TOPICS: Music/Entertainment
KEYWORDS:
I guess Marvin Gaye's family don't know Ain't That Peculiar was written by Smokey Robinson. On what grounds could they sue?

Between this and the Men at Work/Down Under decision, court decisions are geting out of control.

The courts/juries aren't understanding the difference between composition and performance.

1 posted on 03/13/2015 5:18:22 PM PDT by nickcarraway
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To: nickcarraway

Happy? The one Keith Richards sang?


2 posted on 03/13/2015 5:22:36 PM PDT by Sasparilla (If you want peace, prepare for war.)
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To: nickcarraway

After Williams ridiculous performance at the Grammys this year I wouldn’t shed any tears if the Gaye family took him to the cleaners again.


3 posted on 03/13/2015 5:22:57 PM PDT by skeeter
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To: nickcarraway

http://www.freerepublic.com/focus/f-chat/3266914/posts


4 posted on 03/13/2015 5:23:50 PM PDT by Perdogg (I'm on a no Carb diet- NO Christie Ayotte Romney or Bush - stay outta da Bushesh)
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To: skeeter

What did he do? I suspect this will be overturned. It’s not just about him.


5 posted on 03/13/2015 5:23:53 PM PDT by nickcarraway
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To: nickcarraway

What’s going on?


6 posted on 03/13/2015 5:24:13 PM PDT by bigbob (The best way to get a bad law repealed is to enforce it strictly. Abraham Lincoln)
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To: nickcarraway

Blurred Lines sounded nothing like the Marvin Gaye song except vaguely similar sounds at the beginning.


7 posted on 03/13/2015 5:35:01 PM PDT by struggle
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To: nickcarraway
I think we can expect a lot of these insipid lawsuits now that a jury actually awarded over seven million dollars because a song was vaguely similar in style to another one. Talk about insane. And I wonder if it will stop with songs. I mean, we have to be honest. Lots of authors first books read very much like more famous authors whose style they have intentionally emulated. Better sue their pants off too. Just how we have gotten to the point of copyright protections on mood and style is a mystery, but here we are.

What also confuses me though is how these people can really get anywhere in the first place. What damages are they really claiming they suffered? Are they actually arguing that they lost $7 million worth of sales of that crusty old Marvin Gaye song? Are we really supposed to believe that seven million people were going to go on itunes and buy that song, but after hearing Blurred Lines decided to buy it instead? Does anyone think that has ever happened, even once, much less seven million times? People just don't buy music like that. The whole idea is simply dubious, and yet it is the only way I can see claiming that there have been $7 million in damages suffered. It is all just so stupidly absurd.

8 posted on 03/13/2015 5:40:42 PM PDT by cothrige
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To: cothrige
What also confuses me though is how these people can really get anywhere in the first place

Who is John Galt?

9 posted on 03/13/2015 5:48:07 PM PDT by ChildOfThe60s (If you can remember the 60s, you weren't really there....)
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To: nickcarraway

Hmm...Is this racism I am detecting here? They go after the black producer whose songs sound *somewhat* similar to Gayes songs even though they have completely different melodies and chords, yet white boy Ed Sheerhan who blatantly ripped off Gayes song “Let’s get it on” with “Thinking out loud” is a virtual note for note rip off and he doesn’t get sued at all.

Listen for yourself. Not only is the rip off the same chords and melody, but also the same key, tempo and rhythm which is why you can play each song on top of each other at the same time and be unable to tell the difference, it fits perfect.....

https://www.youtube.com/watch?v=Cj4UkXRlJBw

And if you look at the writing credits of “Thinking out loud” nowhere is Gayes name to be found...Writers: Ed Sheeran and Amy Wadge

http://en.wikipedia.org/wiki/Thinking_Out_Loud_%28Ed_Sheeran_song%29

Writers of “Lets get it on”... Marvin Gaye and Ed Townsend. Hmmm, nope. Can’t say I see Ed Sheeran and Amy Wadges name on those credits....

http://en.wikipedia.org/wiki/Let%27s_Get_It_On_(song)

This is racism, it really is. This is more leftist racism that is completely ignored by the press. This song “Thinking out loud” has almost half a BILLION views on Youtube yet the Gaye estate will not file a lawsuit against this Sheerhan dork yet she goes after a black guy whose songs sound *slightly* similar to her fathers.


10 posted on 03/13/2015 6:09:01 PM PDT by GrandJediMasterYoda (She comes out of the sun in a silk dress running like a watercolor in the rain)
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To: nickcarraway

There’s only a finite number of possible musical chords.

This video highlights this perfectly.

https://www.youtube.com/watch?v=oOlDewpCfZQ


11 posted on 03/13/2015 6:11:55 PM PDT by Shadow44
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To: nickcarraway

Ain’t That Peculiar has a thoroughly conventional 1-4-5 chord progression like you’ll hear in about a million blues songs. Maybe the blues guys should sue the Gayes for ripping them off. The song’s only truly distinctive feature is the descending piano line which there is no trace of in Pharrell’s song.


12 posted on 03/13/2015 6:15:41 PM PDT by Yardstick
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To: nickcarraway
Marvin was a great guy at helping others succeed.

Good example: next time you hear "Someday We'll be Together Again" you'll hear him in the background encouraging Diana Ross with side-lines that fit right into the song. It's very noticeable. From now on, when you hear the song it'll be obvious and you'll wonder how you ever missed it.

He helped a lot of new talent with their first recordings.

13 posted on 03/13/2015 6:39:34 PM PDT by capt. norm (Don't worry if plan A fails, there are 25 more letters in the alphabet.)
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To: skeeter

I didn’t think any Freepers could bear to watch the Grammys...


14 posted on 03/13/2015 8:13:33 PM PDT by Rodamala
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To: capt. norm

Uptown Funk has a very similar chorus and beat to that “Womp upside the head, say womp upside the head” song from the 80s or 90s.


15 posted on 03/13/2015 8:54:54 PM PDT by dandiegirl (BO)
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To: nickcarraway

“I guess Marvin Gaye’s family don’t know Ain’t That Peculiar was written by Smokey Robinson. On what grounds could they sue? “

They couldn’t. I suspect the reporter asking the questions is the clueless one and Gaye’s daughter knew her father did not write the song.

The single was produced by Smokey Robinson, and written by Robinson, and fellow Miracles members Bobby Rogers, Pete Moore, and Marv Tarplin. These guys are the copyright holders to the words and music, unless they sold those rights.


16 posted on 03/13/2015 10:16:58 PM PDT by Steven Scharf
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To: capt. norm

I think it was Johnny Bristol who sang that song with Dianna Ross.


17 posted on 03/13/2015 11:20:33 PM PDT by nickcarraway
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To: Yardstick

They couldn’t sue Gay, because he didn’t write the song.


18 posted on 03/13/2015 11:21:05 PM PDT by nickcarraway
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To: nickcarraway

He worked ‘hands up don’t shoot’ into his dance routine.


19 posted on 03/14/2015 7:33:38 AM PDT by skeeter
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