Marvin Gaye Heirs' Lawsuit over 'Blurred Lines' a Money Grab, Lawyers for Robin Thicke, Pharrell Williams Say

By FRED SHUSTER
City News Service

Marvin Gaye's children filed a copyright infringement case against Robin Thicke and Pharrell Williams over the global hit "Blurred Lines" because they "smelled money," the defendants allege in court papers obtained today.

Williams and Thicke are asking a Los Angeles federal judge to forgo a jury trial and rule in their favor against the Gaye family because, the pop stars contend, there is no "meaningful similarity" between "Blurred Lines" and Marvin Gaye's "Got to Give It Up."

Nona Gaye and Frankie Gaye's suit, filed last summer, also accuses Thicke of lifting from Marvin Gaye's "After the Dance" for the title track of his 2011 album "Love After War."

The plaintiffs' 25-page motion for summary judgment, filed Tuesday, details alleged differences in melody, rhythm, harmony, structure and lyrics between the contested songs.

A call requesting comment from the Gaye family's attorney was not immediately returned.

Attorneys for Thicke and Williams argue that eight alleged similarities to "Got to Give It Up" claimed by the Gaye family are "based on commonplace elements" of the late soul singer's "sound recording" that were not included in the sheet music he submitted to the copyright office in 1977 to register his copyright.

Thus, the eight alleged similarities "are not part of his copyrighted composition that defendants claim to own," according to the motion, which alleges that the Gaye family owns the composition, not the recording of "Got to Give It Up."

As a result, according to the defendants' argument, any alleged similarity between "Blurred Lines" and the Marvin Gaye recording of "Got to Give It Up" is "irrelevent" in the case.

"Any arrangement or performance elements of the Marvin Gaye sound recording that are not also contained in defendants' copyrighted composition -- registered as sheet music with the United States Copyright Office in 1977 -- cannot be infringed in 'Blurred Lines,' regardless of any supposed similarity in the recordings," the motion says.

The "Love After War" claim is "legally preposterous," Williams and Thicke insist, since the Gaye track contains "only one note in common" with the Thicke song.

"No one can claim a copyright in a single note," the motion states. "The only reason defendants claim infringement here is because plaintiffs made certain comments in promoting their record about being inspired by Marvin Gaye. Defendants smelled money and rushed to make their infringement demand, but they chose to ignore that the songs had no similarity in actual notes or phrases."

U.S. District Judge John A. Kronstadt has set an Oct. 20 motions hearing in the matter.

The Gaye family also initially sued EMI, which administers the copyrights for Marvin Gaye's music. The family argued that EMI should have taken action over the supposed similarities in "Blurred Lines," but has a conflict of interest because it is also Thicke collaborator Williams' publisher. Those claims have been settled.

The basis of the Gaye claim is that "Blurred Lines" appears to "feel" or "sound" like "Got to Give It Up."

Produced by Williams, who also contributes guest vocals, "Blurred Lines" is sung by Thicke with a cameo from rapper T.I. All three men share writing credits.

"Being reminiscent of a 'sound' is not copyright infringement," lawyers for the musicians stated in earlier court papers. "The intent in producing 'Blurred Lines' was to evoke an era. ... The reality is that the songs themselves are starkly different."

In interviews last year with GQ and Billboard magazines, Thicke said "Got to Give It Up" was one of his favorite songs and he wanted to "make something like that, something with that groove."

"Blurred Lines" has sold about 15 million copies worldwide, according to Billboard.