Date: March 11, 2015
“There are some lines that should never be blurred. And one of those is the line that separates simple homage from “infringement.” Unfortunately, the jury that decided the “Blurred Lines” case couldn’t decipher any line at all, with a verdict that put an “in the spirit of…” song in the same categoryas outright plagiarism. Under these standards, just about every song you everloved is actionable.
The weirdest wrinkle is that the jury wasn’t even instructed to evaluate the merits of the comparison based on Gaye’s recording of “Got to Give It Up” because his family only owns the copyright to the composition, not the single itself. So the verdict was supposedly decided just based on the sheet music, even though, when you strip away the obviously tributary arrangement, it’s difficult to find any similarity at all in the words or chords.”
“The suit claims the Gaye family is alleging that “Blurred Lines” and Gaye’s “Got to Give It Up” “feel” or “sound” the same, and that the “Gaye defendants are claiming ownership of an entire genre, as opposed to a specific work.”
As for Funkadelic, there’s said to be claimed similarity between Thicke’s hit and Funakedlic’s “Sexy Ways.”
“But there are no similarities between plaintiffs’ composition and those the claimants allege they own, other than commonplace musical elements,” states the lawsuit. “Plaintiffs created a hit and did it without copying anyone else’s composition”
I’m no fan of Robin Thicke [and company] and did not even know this person existed, prior to recently learning about the lawsuit over similarities to a Marvin Gaye song. So, I’ve not been following this story long…But I had to say something, in the shadow of this alarming outcome.
…Winning a copyright lawsuit, based on a song that “feels the same”?!…and was inspired by a Marvin Gaye song?…
It is hard to put into words, just how horrendous of a legal precedent this actually is.
Money and greed, are both the death and antithesis of music.
The love and creation of music, comes from a place of creativity and a natural kind of spirituality…It is about sharing a deep experience and communication with other people…
…This parasitic invasion of money and greed on the music industry, has served only to strangle to death the natural elements of music.
That is the reason why so many artists have become just disgusted, with the money grubbing machine which the music industry has evolved into…It’s a harnessed monetization and manipulation, of something that was meant to be naturally shared and experienced…not overshadowed by greedy people, with their hands constantly extended in demand of payment.
The truly crazy thing, is that most of those people were not even the creative minds behind the music, itself…They just had some legal hand, in getting it to the market…And most artists flock to them, because…well…if they can manage to land a deal, then it is so much easier for them to get the publicity and resources they need.
There is a very unhealthy sort of monopoly here…one which is actually quite hostile, and perilous, towards creative musicians…And this state of things is dead wrong.
This Marvin Gaye lawsuit is outright unbelievable…This is the first time a lawsuit has been won, based on such a bad premise.
…”Blurred Lines” feels too much like “Got to Give It Up”?…
Tell me…of all the songs out there…which ones are unlike anything that has ever preceded them?
…It is just utter insanity, to open this Pandora’s Box…
The only people standing to gain here, are lawyers and wealthy people [and corporations] with the means to rule the music industry with an iron fist…Everybody else, from would be artists to music lovers, would lose.
There is no comparison, in who is suffering the greatest travesty here…Millions of people will be deprived of the uplifting joy, produced by new music…while the corporations who care first about their profit line, will go on with hardly a care…just so long as they get “their” money.
Am I being unfair with that last statement?…
…Well…you want to talk about “feelings” and music?…
…For decades now, I’ve been left with the feeling that truly passionate music lovers, are scarcely even allowed into the mainstream music industry…The fruits of this industry, have been overwhelmingly uncreative, dreadful, unhuman and soulless tripe…Just scads of terrible stuff [with an ultra rare gem, every now and then]…The musical standard has been dropped so low, it is hard for me to even listen, to most of what get’s produced by these huge companies…And it has all been forcibly shoved down the public’s throat…They don’t even honestly cater to the musical tastes of someone like myself…They did in the past…but not for the last 20+ years…And what is so sad, is that this is not because of a lack in artists of that nature…It’s because a few decided that the rest of us were going to listen too, whatever they decided to produce…
…Superior quality music and artists, are not profitable enough for the corporations?
This is why so many people hate the music industry, today…It’s got this parasite element connected to it, which is dragging music down, shackling and killing it.
…They are feeding us this mindless, cheaply produced drivel…and expecting us to be happy to pay them for it…all the while expecting us to be happy, over not getting what so many of us desperately miss in music.
Music is powerful…and it means a lot to many of us…Which is why there is so much vitriol for the mainstream music industry, and for developments like this lawsuit…
…Will this be the straw, that eventually breaks the camels back?
…Probably not…But this cannot continue to be ignored…this parasitic trend in the music industry, of grabbing money wherever you legally can get away with it.
These corporations and greedy benefactors…they must go away, in order for music to be truly what it is meant to be.
Beyond this…what really gets my ire up…is what I’ve been discussing for years now, in my own dabbling’s with producing and sharing music. Nearly every single stinking time, I have ever tried to do any sort of project including music as an element…the music industry has been embroiled, in an ever encroaching war on what you can legally do without fear of being sued…And I am just flat out sick to death of it.
The mainstream music corporations [and various people], have their meat hooks buried all over the place…just waiting to “assert their legal copyright”…even when it’s a bogus claim. Not so long ago, you might recall my post about removing three “mini albums” from YouTube, because of the way they all got flagged over alleged “copyright infringement”.
…I am in an especially peculiar, frustrating situation here…because I need to guard my personal identity, for very real security concerns [I’ve received various threats against myself, including against my physical body and life]…I cant just file a counterclaim, every time some bozo makes a false copyright claim against the content I publish…But if I don’t, then my content is always vulnerable to somebody else screwing with it’s availability online.
I am a nobody, in the world of music…Just some barely talented music lover, who’s living a tiny fantasy which involves producing and releasing musical albums…And it really angers me, that I am running into this sort of thing…It’s not right.
Where in the hell, is the giving, healing, loving and sharing spirit of music?…Where has it gone?…And who has robbed it from us?
Shame on all of you, who are behind this…It is a dark, wretched thing, which you are doing.