Blurred Lines vs Marvin Gaye: copyright infringement?

  • 24 Replies
  • 4255 Views

0 Members and 1 Guest are viewing this topic.

Mark Ryan

  • *
  • Solo Gig
  • ***
  • Posts: 384
  • Banned user
« Reply #15 on: March 12, 2015, 12:10:41 AM »
I would be stunned if the Gaye estate win this one. Joe Satriani sued Coldplay several years ago for what was an absolutely blatant rip off of Joe's 'If I Could Fly', and lost!!! If Joe can't win that one I wouldn't hold out too much hope for Marvin's children. Most modern day Pop songs are ripped off from 60's and 70's motown and soul in some way or another.

Neil C

  • *
  • Stadium Tour
  • *****
  • Posts: 3460
« Reply #16 on: March 12, 2015, 11:01:02 PM »
This is a load of bollocks IMHO. A lay jury god help us all.
Stylistically similar but top line melody - no way.
I hope it gets overturned coz if it doesn't the world will full of spurious lawsuits and consequent reductions in creativity.
 :)
Neil
songwriter of no repute..

Mystic Dreamer

  • *
  • Open Mic
  • **
  • Posts: 166
« Reply #17 on: March 13, 2015, 01:31:10 AM »
I don't have a comment on the actual controversy of whether or not there was a copyright infringement.  But I do have a legal question.

I thought that when it comes to copyright laws, it's not only necessary to show that a copyright was infringed upon, but it's also necessary to show "damages".   In other words, there has to be an argument that the infringement on the copyright actually resulted in damages to the originator.

My question is, how was the Gaye family damaged by this?

If anything it would seem to me that it would probably result in sparking more sales of the original song doing them a favor actually.

Why were they awarded 7 million dollars?  In damages?  What damages?  How did this damage them to the tune of 7 million dollars?


Boydie

  • *
  • Administrator
  • Stadium Tour
  • *****
  • Posts: 3580
« Reply #18 on: March 13, 2015, 07:43:36 AM »
I am assuming the "damages" represent the lost money they would have got if they had the % share of the writers credit

I can't help help feeling this is more of a backlash about the controversy surrounding the song (mysoginistic lyrics and video) and I was surprised to see it was "trial by jury"

The appeal should be interesting...
To check out my music please visit:

http://soundcloud.com/boydiemusic

Twitter: https://twitter.com/BoydieMusic

tone

  • *
  • Administrator
  • Stadium Tour
  • *****
  • Forum Former Führer
  • Posts: 3501
  • The People's Democratic Republic of Songwriting
    • Anthony Lane on soundcloud
« Reply #19 on: March 13, 2015, 09:26:03 AM »
I agree with Neil about the lay jury observation. These people are not musicians, and are 95% likely to have noticed the controversy around this song, creating a negative bias before the trial began.

In terms of damages, the way I see it is this: if they'd used a sample from the Marvin Gaye record, and properly licensed it, then the Gaye estate would have earned good money from the record. The fact that they 'recreated' it instead means they lost out on 'rightful' income?

This article sums it up http://www.newstatesman.com/culture/2015/03/if-you-think-robin-thickes-blurred-lines-plagiarises-marvin-gaye-you-dont-understand
« Last Edit: March 13, 2015, 09:32:44 AM by tone »
The first track from my upcoming album has landed -- Click to listen -- Thanks!

Listen to my album teaser here

Please read the rules before posting in the feedback forums http://bit.l

benjo

  • *
  • Stadium Tour
  • *****
  • Posts: 2150
« Reply #20 on: March 13, 2015, 04:05:35 PM »

 i was shocked when i read the news paper the mirror this morning
 and there is a load of these artists who have copyright issues

 OASIS, used the melody from I'D LIKE TO TEACH THE WORLD TO SING
 and paid out £300.000

 VANILLA ICE, used the riff from queens under pressure, for ice ice baby
 paid undisclosed fee out of court

 GEORGE HARRISON, my sweet lord used the melody from he's so fine by the chiffons
 paid out £392.000

   this has been going on for a long time
   but to me seems like you can use the other artist material, make a fortune
   then just give then some of it, no more said

 even mike tysons tattoo on his face
 in hangover two a guy wakes up with the same tattoo as mike tyson who is in the film
 but the guy who owns the copyright on the image sued warner bros it was amicably resolved

   



 

tone

  • *
  • Administrator
  • Stadium Tour
  • *****
  • Forum Former Führer
  • Posts: 3501
  • The People's Democratic Republic of Songwriting
    • Anthony Lane on soundcloud
« Reply #21 on: March 13, 2015, 05:17:33 PM »
My father in law made a lot of production music in the 70s-80s. Recently we found out 2 of his tunes had been sampled without licensing or permission, and put out as records with no credit or any other acknowledgement. One of the songs uses his piece of music in entirety as the backing track, with just beats & rapping over the top.

These tracks have been on commercial release for over a decade, and my wife only found out by chance last summer. The publisher's lawyers say they're onto it, but he hasn't seen a penny yet, and when he does, who knows how much it will be. Not much I reckon.

A friend of mine who's an established pop producer told me this happens all the time. The industry is full of 'producers' who'll happily take a chance on sampling an old/ obscure piece of music and hope the composer never finds out. Shocking ain't it?
The first track from my upcoming album has landed -- Click to listen -- Thanks!

Listen to my album teaser here

Please read the rules before posting in the feedback forums http://bit.l

Mark Ryan

  • *
  • Solo Gig
  • ***
  • Posts: 384
  • Banned user
« Reply #22 on: March 13, 2015, 07:34:39 PM »
I'm sure you all know this song

&spfreload=10

Now listen to this

&spfreload=10

Satch lost the case. Blatant rip off.

Neil C

  • *
  • Stadium Tour
  • *****
  • Posts: 3460
« Reply #23 on: March 13, 2015, 08:03:39 PM »
The other fun one is of course The Verse's Great Bitter Sweet Symphony involving the Stone and their producer Andrew Oldham http://en.wikipedia.org/wiki/Bitter_Sweet_Symphony
 :)
Neil
songwriter of no repute..

Paulski

  • *
  • Stadium Tour
  • *****
  • Posts: 3899