Gaye Children give their side on 'Blurred Lines' Verdict

I wasn't at the trial, and haven't yet listened to the two songs, so I don't have an opinion on whether the verdict was right, or if the Gaye children's statements are accurate.

http://www.billboard.com/biz/articles/news/legal-and-management/6502546/gaye-children-pen-open-letter-to-set-the-record

By Colin Stutz | March 18, 2015

Marvin Gaye's children have written an open letter in hopes to "set the record straight on a few misconceptions" surrounding their winning case against Robin Thicke and Pharrell Williams over the 2013 hit "Blurred Lines."

Nona Gaye, Frankie Gaye and Marvin Gaye III's joint letter explores the lasting legacy of their father's "Got to Give It Up," which a jury recently ruled had been copied by Thicke and Williams.

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An Open Letter from the Children of Marvin Gaye 3/18/15

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However, most songwriting begins with an organic approach; a songwriter brings his or her influences to the table and then works creatively from a blank slate in the crafting of their song to ensure originality and the integrity of their creation. If Mr. Thicke and Mr. Williams had tried to create a new song and coincidentally infused "Got to Give It Up" into their work, instead of deliberately undertaking to "write a song with the same groove," we would probably be having a different conversation.

[I would say this is not accurate. Many songs are written to fit into a certain genre. Eg., blues songs often follow a certain pattern, and try to have a blues sound. Rock & Roll songs try to sound like Rock & Roll, etc.]

Like most artists, they could have licensed and secured the song for appropriate usage; a simple procedure usually arranged in advance of the song's release. This did not happen. We would have welcomed a conversation with them before the release of their work. This also did not happen.

[They would not have done this unless they considered their song to be the same as another.]

Instead of licensing our father's song and giving him the appropriate songwriter credit, Robin Thicke and Pharrell Williams released "Blurred Lines" and then filed a pre-emptive lawsuit against us, forcing us into court. [Did the Gaye children contact them & demand royalties before the lawsuit was filed? If so, the lawsuit is understandable.] They sought to quickly affirm that their song was "starkly different," than "Got to Give It Up." The Judge denied their motion for Summary Judgement, and a jury was charged with determining the "extrinsic and intrinsic similarities" of the songs. The jury has spoken.

We wanted to also make clear that the jury was not permitted to listen to the actual sound recording of "Got to Give It Up." Our dad's powerful vocal performance of his own song along with unique background sounds were eliminated from the trial, and the copyright infringement was based entirely on the similarity of the basic musical compositions, not on "style," or "feel," or "era," or "genre." His song is so iconic that its basic composition stood strong. We feel this further amplifies the soundness of the verdict.

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