Many Worried & Confused After Marvin Gaye's Kids Win Millions (Again) Against Pharrell & Thicke

Many Worried & Confused After Marvin Gaye’s Kids Win Millions (Again) Against Pharrell & Thicke

ILOSM fam,’ Marvin Gaye’s kids just won their second major win against hit producer, Pharrell Williams and singer, Robin Thicke. This go ’round, many in the music industry are shook, confused and upset about the court’s ruling. While many music experts say it just ain’t right and that it has changed/hurt the music industry and it’s copyright law forever.

Marvin Gaye At The Holiday Star
Marvin Gaye (1939 – 1984)  (Photo by Paul Natkin/Getty Images)

What Marvin’s Kids Won

Many of y’all may recall when the Gaye family hit Robin and Pharrell with a copyright infringement lawsuit for their 2013, hit, “Blurred Lines,” which also features rapper, T.I.. At that time, the Gayes and many Gaye fans felt that “Blurred Lines” jacked Marvin Gaye’s 1977 classic, “Got To Give It Up.” By 2015, the Gaye fam’ actually won the case and Pharrell and Robin disagreed that they’d outright jacked Gaye’s song, so they appealed. That appeal lasted for almost two years and fast forward to today, the Gayes have won big time money again:

Via Forbes: Today, the Ninth Circuit Court of Appeals sided (in part) with a lower court by stating that “Got to Give It Up” was “entitled to broad copyright protection because musical compositions are not confined to a narrow range of expression.” The court confirmed that Gaye’s estate is entitled to 50% of all royalties from that song forever. It also found that the rapper T.I., who contributed one verse, wasn’t personally liable in the case and is not responsible for damages.

https://youtu.be/OyjB_0s5wPI

Why The Music Industry Is Now Shooketh

After word got around about the major win the Gaye family just received for not only $5 million, but also half of all future profits the song generates, the music industry and it’s legal experts are baffled and quite frankly shooketh to be damneth.

You see, this new court ruling seems to have just changed the course of the music game forever. Why? Because although it’s evident that “Blurred Lines” was ‘inspired’ by the likes of Marvin Gaye (with it’s use of a cowbell and such), it isn’t exactly a replica of the song. So now the new uncertain general assumption, is that artists can no longer be ‘inspired’ by legends who came before them, unless they pay the artists for inspiring them.

Many argue that will be an extremely difficult creative feat for musical artists to avoid, given the fact that most artists are inspired by those who came before them in some way or another.

Experts Explain Why Gaye’s Win Is A Problem

Forbes pointed out the consistent concerns raised by many experts in the music game- from musicians, to songwriters, to entertainment attorneys, etc., regarding this legal judgement. One expert summed it up best:

“In our community here at Berklee we have a concentration of 6,000 musicians, and it sent seismic shockwaves throughout,” says Berklee College of Music professor, vice president for academic affairs and musicologist Joe Bennett. “For this case, he stresses the importance of understanding the difference between a sound recording and the musical work in terms of copyright. “From a musicological point of view, to me and to many of the musicians and songwriters, they’re completely different songs because they have different lyrics, melodies and chords. “

He also stated:

“What they have in common is indicative of the time period, he adds. “If my favorite artist uses a cowbell and I use one too, can you copyright the cowbell? Both are arguing that their side is good for creators. That’s why so many of the young songwriters are concerned. What’s the threshold? How much can I be influenced by my favorite artist?”

Gaye’s Ex-Wife Is Happy

Even though many music artists/experts are concerned, Marvin Gaye’s ex-wife (and mother of Nona and Frankie Gaye), Jan Gaye,  is happy:

“This is a wonderful recognition of Marvin’s creativity and the lasting value of one of his greatest songs. Pharrell and Robin should have done the right thing by licensing Marvin’s composition and crediting him. This is a victory for the rights of all musicians.” – Jan Gaye

Overall, this latest judgement puts the future of music in a tough pickle, because it’s probably safe to assume that there will be all sorts of copyright lawsuits popping up like hot cakes in the very near future. Thoughts ILOSM fam?’

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