Robin Thicke, who’s been having a pretty great summer due to the 4x platinum single “Blurred Lines” despite its date-rapey undertones, has made things even more awkward and is suing Marvin Gaye’s estate due to claims that his song is a facsimile of the late soul singer’s 1977 hit, “Got To Give It Up”.
The lawsuit, filed Aug. 15 and backed by featured artists Pharrell and T.I., has been filed with no monetary gain in mind and and is a measure to combat Gaye’s family’s attempt to collect monetary compensation on threat of a lawsuit. In detail, the suit laud’s Gaye for his musical contributions, but claims that “being reminiscent of a sound is not copyright infringement.”
Objective reporting aside, it’s a sad day to see a young-blood R&B singer being forced to sue what equates to one of his idols. The song does shave close to the cut in being modeled after the original, but Thicke has mentioned that he adores the man’s music and talent. I’m not defending the song, but there is something intrinsically wrong about a person being threatened for being interested in his forbearers and openly paying homage. I mean, will.i.am has done worse.
Thicke and all of his privilege. will have a hard time up against the 2004 Federal appeals court ruling that using as few as three notes from another work could be a copyright violation.
Additionally, I don’t believe that Mr Gaye’s estate would have, after close consultation with their legal team, pushed forward with the lawsuit. Maybe I’m wrong, but pre-emptively litigating because of something he smelled on the wind makes Thicke seem a huge douche. This may even harm his brand.
” I’m not defending the song, but there is something intrinsically wrong about a person being threatened for being interested in his forbearers and openly paying homage. ”
I sincerely hope that last bit was done sarcastically, because if not, the author is almost as big of an ass as Thicke is.
There isn’t much originality in music these days, and Robin Thicke is far from an exception. He is just riding his father’s coattails to stardom.
Thank you, this is not a mean spirited lawsuit as many articles try and portray. This is just protecting a huge chunk of change from a smash that people are starting to realize sounds very familiar to another song. I hear it, but I don’t think he sampled it. This is definitely a case of “oh man that Gaye song is tight, lets try and make something similar” but since Pharell can play instruments he didn’t just chop up the original. They wrote an inspired piece of music. No ideas original, there is nothing new under the sun. But I think you can argue if you are going to pay homage that closely you may want to run it by them first, instead of now having to sue them to prevent them from suing you.
This isn’t about anyone suing anyone for the sake of litigation. The fact is undeniable that ‘Blurred Lines’ is INCREDIBLY close to ‘Got To Give It Up’. The influence is undeniable, and quite evident. As a result, the Gaye Estate has just cause to protect their copyright (it still counts as a sample, even if recreated rather than directly lifted from the record; you just have to clear it with the holder of songwriting rights, rather than publishing).
If Thicke is really such a fan of Marvin, and all he earnestly wanted to do was pay homage, he and his people should have taken the appropriate steps to clear it with Gaye’s Estate. Or was the song JUST about the money? Because if so, then just come right out and say it; quit frontin’ like it was just for the love.
I don’t think Femi’s naive. Dude just doesn’t like how this shit works, probably. There’s a difference between naivety and not being OK with it.
Femi, you make this seem as if Robin Thicke got the idea upon himself to sue Gaye’s estate, and even more so, you make it seem as if it’s personal. My friend, this is the music industry, and this situation is not at all unique. This is an international hit record that is generating royalties beyond our comprehension, and Thick has every right to protect his copyright, preemptively, or not. It’s a defensive strategy for what may otherwise result in a greater loss for Thick if he didn’t take action, than for the Gaye estate if they did. I think it’s smart and well played. Thicke is simply protecting his assets, and I can not blame him for that. I don’t think it’s sad, I think you’re perhaps a bit naive.