MinBane

I write what I like.

Archive for the tag “Pop”

Pharrell and Thicke’s lines wasn’t ‘Blurred’ on “Blurred Lines” as the Court’s verdict awards Gaye’s Estate $4m in damages!

thicke-gaye

Well, Copyright infringement is a tricky thing, especially with something as soft as sound and audio. That musicians are taking each other’s vibes and play into their own creations isn’t new. The music is inspired and often in modern popular music they sample music that the composer together with producers pays for licencing. One of the most popular in my time we’re when Jay-Z and Dame Dash got the rights to use Annie Sample on Hard Knock Life:

“Jay-Z gained permission to use the “Hard Knock Life” sample by writing a letter to the musical’s composer Charles Strouse and lyricist Martin Charnin expounding on his childhood love of the show, having won a ticket to see it on Broadway as a prize in an essay-writing competition at his hard-knock Bedford-Stuyvesant school. The letter was, he later admitted, an “exaggeration”. In fact the rapper came across the hip-hop version, by producer Mark “the 45 King” James, at a rap show and bought it for a rumoured $10,000” (Ludovic Hunter-Tilney, 2015).

What was done in Jay-Z famous single for the ‘Hard Knock Life’ he got permission and also seek to gain permission to use the sample of the song in his own creation. Something that even wasn’t in mind between the parties in the litigation between Marvin Gaye’s estate and the Thicke Parties; as the Copyright infringement case that been running ever since the “Blurred Lines” became a hit in 2013. This was now a concluded case in the courts on the 22nd December 2016. Where the judgement and the jury came to a verdict where the Thicke Parties we’re at fault as per explained underneath. That both musical specialist and legal experts denies the claims of the Thicke’s as they does not see it as coincidence that “Blurred Lines” sounds so similar to “Give To Give It Up” by Marvin Gaye.

“In 1976, Motown legend Marvin Gaye composed and recorded in studio his #1 dance and funk hit “Got To Give It Up” (“Give”). ER2238. The song, dubbed by Oprah Winfrey the greatest dance song ever, has endured for the forty years since it was created. SER856. In early 2013, Pharrell Williams and Robin Thicke discussed writing a new song. See SER856, SER858. In multiple public statements they were candid about the fact that Give and Marvin Gaye were at the top of their minds in creating their song “Blurred Lines” (“Blurred”)” (United States Court of Appeals, P: 17, 2016).

“The amicus brief strays far outside the record, makes unsupported generalization about the music at issue, and is apparently uninformed by the actual trial testimony, including the fact that Williams and Thicke disavowed the idea that they wished to create an “homage” to Marvin Gaye. It also bears mentioning that of the 212 signatories to that brief, several are not “songwriters, composers, musicians, [or] producers” at all, but rather music business executives such as talent managers, attorneys, and other representatives. In addition, more than half (by our count, based on public information) are either clients of the Thicke Parties’ trial counsel, have recorded or are credited on albums with Williams, or have another business relationship with one or more of the Thicke Parties. This web of connections is not disclosed in the amici’s statement of interest” (United States Court of Appeals, P: 22, 2016).

“Thicke made many similar statements in video and radio interviews, e.g., telling an interviewer that Give is “one of my favorite songs of all time, I went in [to the studio] and [said] ‘you know Pharrell I’d love to make something like this, you know feel like ‘Got to Give it Up’ and [Pharrell] started with the percussion you know trying to get that rhythm and then the song actually happened we did the whole record in about an hour.” (United States Court of Appeals, P: 27, 2016).

Songs similarities:

“Finell testified that nearly every one of the 130 bars of Blurred contains at least one of the elements of Give that appears in the lead sheet. ER666. The numerous common elements and the way they interrelated with each other created a “constellation” of similarities she found “stunning” and “highly unusual.” ER581–82. For example, the “heartbeat” of the song—the interlocking bass and keyboard—“drove each song.” ER559. She identified seven elements found in both Blurred and the lead sheet: the signature phrase, the hook, “Theme X,” the bass melody, the keyboard rhythms and chords, word painting, and the parlando/rap section” (United States Court of Appeals, P: 34, 2016). “[O]ut of the four notes from the Give hook and four notes from Blurred, three are identical in their scale degrees.” ER600-01. The hook of Give repeats 12 times within the lead sheet and the hook in Blurred repeats 14 times. ER602. The four-note hook melody in Give contains scale degrees 6- 1-2-1; the four-note hook melody in Blurred contains scale degrees 6-1-1-1. SER868-70. Finell also testified that the rhythmic placement is similar in that two of the notes are before and two are after the bar lines in each song“ (United States Court of Appeals, P: 36, 2016).

“In an attack on this testimony, ten musicologists have filed a brief that purports to start the analysis from scratch, with a very crabbed interpretation of the lead sheet and assertions unconstrained by the record or tested by any form of cross examination. App. Dkt. 20. To the extent it merits any consideration, this amicus brief at most shows that experts may regarding substantial similarity, creating a triable issue of fact” (United States Court of Appeals, P: 40, 2016).

Jury conclusion:

“We will not second-guess the jury’s application of the intrinsic test.” Three Boys, 212 F.3d at 485. Regardless, the trial record here more than adequately supports the District Court’s conclusion that it “cannot be found, that the jury’s conclusion that the two works have intrinsic similarity was against the clear weight of the evidence.” ER29” (United States Court of Appeal, P: 79, 2016).

Gaye’s estate get damages:

“The Gayes accepted the District Court’s remittitur of the jury’s award of $4 million in actual damages to $3,188,527.50 and its remittitur of the jury’s award of $1,610,455.31 in profits against Williams to $357,630.96” (United States Court of Appeal, P: 86 ,2016). “Based on her analysis applying industry custom and practice and her vast experience, Stern concluded the use of Give by Blurred would have resulted in a 50% licensing fee being granted to the Gayes if a license had been negotiated before release of Blurred” (United States Court of Appeal, P: 89, 2016).

T.I. also liable:

“It is undisputed that Harris and the Interscope Parties were part of the chain of distribution for Blurred. This includes Harris’s role as a owner of the copyright who authorized the distribution. It follows that if Blurred infringed the Gayes’ copyright, which the jury found it, Harris and the Interscope Parties were liable as a matter of law” (United States Court of Appeal, P: 95, 2016).

Jury award Gaye’s estate:

Here the jury’s award of actual damages and lost profits to the Gayes means the jury necessarily found that Blurred infringed the Gayes’ copyright. Only confusion as to which parties bore the responsibility for that infringement can explain its failure to find Harris and the Interscope Parties liable. The District Court reasonably concluded that failure to give an instruction clearly defining the scope of distributor liability caused the inconsistent verdicts, and that the verdicts could be corrected in a way that followed both the law and the jury’s intent” (United States Court of Appeal, P: 96,2016).

So one of the biggest producers of our times have got a verdict of copy infringement of used material in this case, use of a song from Marvin Gaye; which happen to create one of the biggest hits of 2013. Pharrell Williams as the Producer of the beat, Robin Thicke as the main singer and with feature of T.I. or Clifford Harris Jr. that we’re all part of the hit song. The one song that both Pharrell and Williams claimed to be inspired by Gaye, still the song after analysing and use of musical expertise show how similar the tracks are.

Later after the first litigations that lead to this and after first verdicts of copyright infringement he told the press this: “Thicke had a great answer for his GQ interview, telling the lawyer, “With all due respect, I was high and drunk every time I did an interview last year.” In fact, Thicke said, “Every day, I woke up, I would take a Vicodin to start the day and then I would fill up a water bottle with vodka and drink it before and during my interviews.” Robin says he’s now drug free, telling the Gaye family lawyer, “I’ve been sober for the last 2 months … When your wife leaves you, it gives you good reason to sober up.” (TMZ, 2014). So the musician now tries to deflect the facts of how they we’re inspired to make the track, now that the process we’re in action than he was a drinking and doped artist who didn’t know what he was saying. His lifestyle we’re blurry to take responsibility for the inspiration behind the blurred lines hit. Which is a beautiful feature, but doesn’t make the courts sing and dance; the evidence and the affidavits do.

So the verdict of the Ninth Circuit Court of California clearly followed the line of the musicians taking inspiration, we’re doing more than so and didn’t licence the rhymes and beat of the Marvin Gaye “Got To Give It Up” when making the “Blurred Lines”. If the guilty party who is under Thicke Parties had asked for permission and licenced by the Gaye’s estate like Recording Artist do all the time. They use their Recording Companies and their legal teams together with publishing agents who fix the use of a sample to create new songs. That shouldn’t be new for either party in the Thicke Party. Pharrell Williams, Robin Thicke and T.I. has all been on records that are sampled and has gotten permission to use parts of other tracks into making a new hit record.

The same could been done by the men behind “Blurred Lines” instead they tried to copy somebody else’s work without permission and without licence. If they had offered in advance 50% on royalty on sales the Recording of the hit song would been fine and fixed. Instead they wanted to legally battle the Gaye’s Estate. Something they righteously lost. Peace.

Reference:

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT – ‘PHARRELLWILLIAMS, MOREWATER FROM NAZARETH PUBLISHING, INC. VS. FRANKIE CHRISTIAN GAYE, ET AL’ (22.12.2016) – Appeal From Judgment Of The United States District Court For The Central District Of California (Hon. John A. Kronstadt, Presiding).

Ludovic Hunter-Tilney – ‘The Life of a Song: ‘It’s the Hard Knock Life’ (10.04.2015) link: https://www.ft.com/content/fbf3bec4-ce64-11e4-86fc-00144feab7de

TMZ – ‘I WAS TOO WASTED ON VICODIN To Write ‘Blurred Lines’ (15.09.2014) link: http://www.tmz.com/2014/09/15/robin-thicke-drugs-blurred-lines-alcohol-vicodin-marvin-gaye/

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‘The Ecology’ VS ‘To Pimp A Butterfly’ – Underrated VS Cultural Icon

fashlamar

It isn’t often I discuss music. Today I got to. Not because Kendrick Lamar dropped a new ‘Control’ verse. This post will be about Kendrick Lamar and Fashawn. Because them both have released albums recently…

First and foremost, I have liked them both as artist K-Dot and Fashawn. Listen to their mixtapes like Section#80 and Higher Learning. Also their great projects like ‘Boys Meets World’ and ‘Good Kid M.A.A.D. City’.

Second there happen a lot over the years. I don’t listen to as much of the dropped music. So this will be more my view of it. The recent lousy projects I have listened to were Kid Inks album and Tygas random project with Chris Brown. They we’re so boring… that I gave up them both after two listening. Let me tell you. I will listen to K.Dots and Fashawns albums for so long. They are both good projects. Still I have some feelings about them.

‘The Ecology’

Let me tell you. The style of Fashawn is so old-school way. Therefore Boys Meets World is like a Boom Bap paradise. The new album is up to day. You can feel the different producers of the tracks. That he has used time to build this one up. The only boring track Confess… is a weak ass of a song. That he wants to tell he is the best man a woman can get. Let me tell you Fashawn is better to explain how he feels about his past and his glories. The way that he lyrically can address the Fresno issues… That’s when he got you blasting the tracks into a blaze. I feel he is so underrated therefore I address him first.

‘To Pimp a Butterfly’

Now let me address Kendrick and his album. This one has been discussed and addressed by all the pundits between the moon and where there is no lights burning. So for me to go wild here would be unnecessary. Let’s say it doesn’t have the same amount of big hits as the first major release. He kind of follows the preaching society issues from Section#80 and the #HighPower agenda. Which is a good thing considering this form a Markie and major artist which is coming from TDE/Aftermath and not some indie label who gets 10K sold over 100 months. So this will be listened to and also make mark on the culture. He got a bigger reach then Fashawn. His star power is gigantic. Therefore he is now addressing that as well as social circumstances. Which is refreshing, he switches between flows and genres so that the listening experience isn’t boring and it grows on you. Get better with multiple listens.

Discussion:  

Fashawn I dig his album and it will be on rotation for a god damn long time. The Same will happen with K.Dot. They are both good. But as a hip hop head. I prefer Fashawn even if he don’t have as many flows and storytelling ways. I keeps it more to formula. That’s why until recently I listened mostly to DJ Premier and Royce Da 5’9” with ‘Phryme’. I am that kind of guy. I know that a few of you now expect KRS and the Juice Crew to jump into the screen and dance for you. If not BDP to drop another classic! Well, I am sorry that will not happen. Unless you’re drinking… or smoking some of Snoops righteous spliffs.

And at this point K.Dot can nearly drop any kind of project and be praised. Fashawn can do whatever and be under the radar. Nobody would mind. Therefore I have to root for the underdog. Not to undervalue the progress and the stature of K.Dot, but somebody has to love and enjoy the records of Fashawn. He has also prospered but in a slow way from the indie release until being signed by Nas.

I just wished that Fashawn would have a bigger crowed and honored the way he deserve. The same goes to Killer Mike and all the other lyricists that hasn’t gone platinum. But they gone another direction and doesn’t also ways max out. Nevertheless, as long as they drop quality product, people like me will pick it up and even pay for it.

Big up for K.Dot or Kendrick Lamar who has made it. And dropping great music. Its well deserved!

While I am talking music, where is Mos Def hiding?

Peace.

World Cup 2014 Football songs

Last time it was Waka Waka and K’naan. This time it’s this:

A weak ass fotball song! Weak not into it, the communisme kinda song with samba doesn’t mix. Sorry Pitbull, but you and Jennifer Lopez sure earned yourself a fat check for this one! Next:

Shakira did this last time with ‘Waka Waka’. This is more Euro-techno and really the sound of 2014. Sure it’s going to played like crazy more then Pitbull I hope, still I wouldn’t myself buy this tune on Itunes. Taste of music is different. But someday I might listen to it because I am playing FIFA game where they have added this song on the football list – lalala. Next:

Yet another pop triade with Brazil flags and samba. It’s better then Pitbull and J.Lo in this contest it’s not a victory. I still prefer Shakira. For the simple reason it’s has the soccer stars in the song. Though none of them is ‘We’re coming home’ theme. “time of your life” .. World Cup is the biggest soccer event every for you! But come on beautiful girl! Next:

Coca-Cola had last time the best. It seems like their tradition to drop good tunes for marketing purposes and sell more cans of Coke in the time of the World Cup!

And Yes! If you wonder, I won’t do the national tracks of each of the countries. Because if you think about. I have no plans of checking all of those out or spend time searching youtube to find all of thoose tracks.

This was me and my tale of Football songs.. Who’s up next? Kidding!

Peace

Kat Dahlia er tilbake!

Denne videoen er herlig og koselig. Kat Dahlia har allerede lagd gode låter. Den siste ble sluppet ut for sikkert ett år siden var ‘Gangsta’. Uansett, så viser denne videoen talentet hennes igjen. Kan ikke vente på et album fra henne, en langspiller vil vise over enda flere låter hennes særegne stil. Peace.

Anbefaler: J. Cole – ‘Born Sinner’

Etter å ha likt mixtapene ‘The Come-Up’ og ‘The Warm-Up’. Så kom første albumet ‘Cole World – Sideline Story’. Som var hans første på plateselskapet til Jay-Z, som er Roc Nation og er i samarbeid med konsert selskapet Live Nation. Dette hip hop albumet ble utsatt fordi den ikke hadde en god radio hit før ‘Workout’ kom ut. En låt som Nas ikke likte. Derfor har det nå på neste albumet(Born Sinner) kommet en låt som heter ‘Let Nas Down’, som er super kul. Dessuten blir man ikke lei låtene, selv etter flere gjennom lyttinger på vei til jobb eller heim. Første singelen ‘Power Trip’ med Miguel. Er en skikkelig slager som er passende for radioen og hyggelig å høre på.

Vel, jeg kunne skrevet mange pene ord. Ufattelige pene ord. Men de ville ha vært min subjektive mening om albumet. De ville ikke spilt noen rolle. Det som betyr noe at du bør du streame albummet eller sjekke det ut. Til slutt skaffe dette. Dette albummet har vært så rå bra for min del at jeg ikke har brydd meg om Kanye West og hans ‘Yeesy’. Første album siden ‘808&Heartbreak’. Fordi jeg trenger ikke lytte til dette når man har et gjennomført og behagelig komponert sanger. For å vise hva han er god til hør på denne:

Når du har hørt denne. Så kan man tenke seg om. Deretter må jeg også bare vise deg denne også:

Da har du kanskje hørt på 3 låter fra ett album som er enten 19 lang eller 21 om du skaffer deg delux edition. Så da bør du forstå at dette albummet er vært å få tak i! Kos deg.

Kat Dahlia – Gangsta

Vel, dette er første singelen fra Kat Dahlia. Denne er dødskul. Helt genial! Jeg har denne på repeat nå om dagen. Håper du også.. ja, får samme opplevelse. Stemmen hennes er fet og aksenten gjør den enda mer genial.

Ser fram til hennes album som jeg ikke vet navnet på. Dessuten neste singel som jeg heller ikke aner noe ting om. Noe som er himla avslappende.

Kos deg.

Hip Spellemannspris!

23 års moro med spellemannspris. Denne gangen blir det uten en pris for Hip-Hop. Ikke at dette kommer for meg som en overraskelse. Nordmenn driter som oftest i sjangeren eller tror at Tupac eller Eminem er de to eneste som eksisterer. Neida, men det er ikke langt unna.

Norsk Hip Hop har gitt oss Karpe Diem, Paperboys eller Pumba. Enten så er musikken holdbar eller svak. Det kan stemme at vi i Norge ikke har mange artister som blir store i sjangeren. Noe som er greit. Det stemmer at få artister når opp på VG Lista. Samtidig er det like mange i andre sjangere som får Spellemannspris som har låter på VG Lista. Jeg tviler på Blues, visesanger eller Country vekker like mye liv blant ungdom som ikke bare nedlaster musikk, men faktisk kjøper eller streamer musikken. Circus Elias blir vel store vinner i år eller Tønes fra Haua. Uansett. At Hip Spellemannspris er vekke. Forteller mer om Spellemannsprisen enn musikken som blir laget og hørt over hele landet. Kanskje er sjangeren litt klein og ikke like lett fordøyelig for alle. Det var heller i rocken i sin tid. Akkurat som Plumbo var i vinden for noen måneder siden. Så vis litt respekt og gi anerkjennelse til de som fortjener dette, uansett sjanger.

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