Thicke, Pharrell, TI - Blurred Lines

[keithvanhorn]

I have experience in copyright litigation, but not as it relates to music. This appears to be the gist of the law in the 1st Circuit, which is probably similar to the 9th Circuit where the case is pending in district court (I believe):

To succeed on a claim for copyright infringement, a plaintiff must prove ???(1) ownership of a valid copyright, and (2) copying of constituent elements of the work that are original.??? Feist Publ'ns, Inc. v. Rural Tel. Serv. Co., Inc., 499 U.S. 340, 361, 111 S.Ct. 1282, 113 L.Ed.2d 358 (1991). As part of the second prong, a plaintiff must prove that the copyrighted and alleged infringing works are ???substantially similar.??? Johnson v. Gordon, 409 F.3d 12, 18 (1st Cir.2005) (citation and internal quotation marks omitted).





In determining substantial similarity, courts apply the ???ordinary observer,??? or, ???in musical milieu, the ordinary listener test.??? Id. (internal quotation marks omitted). A defendant's work is substantially similar to the copyrighted work only if an ordinary person of reasonable attentiveness would, upon listening to both, conclude that the defendant unlawfully appropriated the plaintiff's protectable expression.

As much as the law might be based on an "ordinary listener" test, the reason I think this case will settle is because the judge or jury will be guided by experts on both sides. Also, that GQ interview is not an admission of guilt but it will definitely help the Gayes.

 

[Jonny_Paycheck]

to J*'s point, this is probably more Led Zeppelin vs. Willie Dixon than Biz Markie vs. Gilbert O'Sullivan...

 

[batmon]

Jonny_Paycheck said:Cowbell is a different pattern. Bassline is different. Chord progression, and melody are different.




Bingo. Shit dont sound exactly like GTGIP.

 

[batmon]

dubs

 

[Scott]

Can we anoint this as the 2013 Summer Jam yet? It's everywhere, and doesn't really have much competition. (Is anyone actually listening to the new Timberlake these days? If so, I want to meet these people.)





Previous Soulstrut consensus that will make you feel old:





'07 Summer Jam





2009 Summer Jam

 

[bassie]

Scott said:Can we anoint this as the 2013 Summer Jam yet? It's everywhere, and doesn't really have much competition.




It might be the song that's getting the most print this summer (rape undertones-related) but its broadcast is not nearly as ubiquitous as I thought it would be. I have only heard one song coming out of cars, stores and patios and it was as Doc McCoy called it, Daft Punk's Get Lucky.

 

[HarveyCanal]

Only cornballs like that shit.





Thicke, or Daft Punk for that matter.





Ugh.

 

[Jonny_Paycheck]

what rhymes with "hug me"?

 

[meistromoco]

bassie said:Scott said:Can we anoint this as the 2013 Summer Jam yet? It's everywhere, and doesn't really have much competition.




It might be the song that's getting the most print this summer (rape undertones-related) but its broadcast is not nearly as ubiquitous as I thought it would be. I have only heard one song coming out of cars, stores and patios and it was as Doc McCoy called it, Daft Punk's Get Lucky.




Round these parts, I'd call it a tie between the two.

 

[Scott]

Jonny_Paycheck said:what rhymes with "hug me"?




18 possibilities

 

[Hotsauce84]

'Round these parts, "Blurred Lines" has surpassed "Get Lucky." I swear, people - and by people I mean women and only women - request it AT LEAST 4 times a night, and these are at different gigs with different crowds (meaning not just Beckys). My appreciation of the song is beginning to diminish for that very reason. And I still don't understand why this dude and this song get singled out for "rape undertones." Damn near every other song out these days has a similarly creepy vibe when it comes to women. (Some bug and make me more uncomfortable than others.)

 

[edpowers]

batmon said:Jonny_Paycheck said:Cowbell is a different pattern. Bassline is different. Chord progression, and melody are different.




Bingo. Shit dont sound exactly like GTGIP.




Dont be that guy.

 

[edpowers]

The song sounds like a cheap Anglo-Caribbean cover of Got to give it up.

 

[bassie]

Herm said:'Round these parts, "Blurred Lines" has surpassed "Get Lucky." I swear, people - and by people I mean women and only women - request it AT LEAST 4 times a night, and these are at different gigs with different crowds (meaning not just Beckys). My appreciation of the song is beginning to diminish for that very reason. And I still don't understand why this dude and this song get singled out for "rape undertones." Damn near every other song out these days has a similarly creepy vibe when it comes to women. (Some bug and make me more uncomfortable than others.)




I didn't/don't get rape vibes from him or the song, but I can see what people are talking about.


If you don't understand why he comes across as greasy and creepy, you don't understand. No loss, k.i.m.


The xrated version of the video bugs me to no end. A bunch of Barely 18-type gals with their tits out around fully clothed men - GTFOOHWTBS

 

[Jonny_Paycheck]

edpowers said:The song sounds like a cheap Anglo-Caribbean cover of Got to give it up.




lol

 

[Hotsauce84]

bassie said:Herm said:'Round these parts, "Blurred Lines" has surpassed "Get Lucky." I swear, people - and by people I mean women and only women - request it AT LEAST 4 times a night, and these are at different gigs with different crowds (meaning not just Beckys). My appreciation of the song is beginning to diminish for that very reason. And I still don't understand why this dude and this song get singled out for "rape undertones." Damn near every other song out these days has a similarly creepy vibe when it comes to women. (Some bug and make me more uncomfortable than others.)




I didn't/don't get rape vibes from him or the song, but I can see what people are talking about.


If you don't understand why he comes across as greasy and creepy, you don't understand. No loss, k.i.m.


The xrated version of the video bugs me to no end. A bunch of Barely 18-type gals with their tits out around fully clothed men - GTFOOHWTBS




How's that different than any Uncut-type Hip Hop video? Or to keep it R&B, that The-Dream video?





All this rapey "drama" comes off as a weird reverse racism type thing. (Not from you, Bassie, but as a whole.) Like, "well, we expect those kind of lyrics and vibe from 'urban' artists, but Robin Thicke is the All-American boy-next-door type and we're a bit disappointed he's going this route." Meh.

 

[edpowers]

Jonny_Paycheck said:to J*'s point, this is probably more Led Zeppelin vs. Willie Dixon than Biz Markie vs. Gilbert O'Sullivan...




Groove Theory-Tell Me. comes to mind, but not from a legal perspective. When i hear "Tell Me" i dont hear an exact cover of "All night Long" but it would be impossible to ignore the influence if you're fimiliar with both.

 

[bassie]

I don't watch uncut rap videos and they don't cross my desk the way Blurred Lines has (probably because they are not mainstream and given a pass like this song/video) , so I can't comment.


I don't know which The Dream videos you are referring to; only ones I've seen recently have gals with their clothes on or solo gals.


I loathe the term reverse racism, so I am bowing out of the conversation now.

 

[HarveyCanal]

So now it's reverse racism to acknowledge when a privileged white artist blatantly coopts raunchiness from urban sources.

 

[Jonny_Paycheck]

edpowers said:Jonny_Paycheck said:to J*'s point, this is probably more Led Zeppelin vs. Willie Dixon than Biz Markie vs. Gilbert O'Sullivan...




Groove Theory-Tell Me. comes to mind, but not from a legal perspective. When i hear "Tell Me" i dont hear an exact cover of "All night Long" but it would be impossible to ignore the influence if you're fimiliar with both.




I was thinking also of "Hot In Hurrr". Wondering if Pharell had to clear that one.