I AM no fan of Robin Thicke nor do I like the song, “Blurred Lines.” But it has made songwriters wary, what with the successful claim of the heirs of Motown great Marvin Gaye thas Thicke and co-writers Pharell and T.I. plagiarized “Got to Give It Up.”
As a disc jockey of dyLV in the mid-’70s, I may have been among the first to play “Got to Give It Up” in Cebu radio, just before disco fever overwhelmed everyone. Gaye’s hit song had a nice groove and a “live” feel, as one could hear voices in the opening seconds.
That the two songs are similar somewhat puzzles me because lyric-wise and music-wise these are different except perhaps for the running bass.
In the aftermath of the judgment, Howard King, lawyer of Thicke and company, says his clients did not infringe on Marvin Gaye's "Got to Give It Up." He told Rolling Stone magazine:
"They're firm, rock solid, in the conclusion that they wrote this song independently from the heart and soul with no input from anyone, Marvin Gaye or anyone else. They sleep well knowing they didn't copy the song. I believe that not only for themselves but for creative people everywhere, they're going to pursue this to a fair and just conclusion that will be different than this jury's verdict."
Songwriters take inspiration from their idols. For instance, Paul McCartney and John Lennon wrote their early materials imitating the sounds of Chuck Berry and Everly Brothers. The soft-rock band America had tunes that borrowed from Crosby Stills Nash & Young. The Bee Gees incorporated the soul express rhythm with falsetto vocals into their sound to create their brand of disco. That is how pop music has evolved.
Of course, there are those who intentionally take a tune from some unknown artist and claim it as their own. That is thievery of intellectual right or plagiarism and the guilty party must account to the original composer. Most often popular artists settle cases out of court.
Examples are: Coldplay for “Viva la Vida” to guitarist Joe Satriani’s “If I Could Fly”; Vanilla Ice for “Ice Ice Baby” to David Bowie and Queen’s “Under Pressure”; Rod Stewart for “Do Ya Think I’m Sexy” to Brazilian songwriter Jorge Ben Jor’s “Taj Mahal” and Morris Albert for “Feelings” to French songwriter Loulou Gasté’s “Pour Toi.”
But one of the biggest rock bands of the world, Led Zeppelin, has the most number of cases of plagiarism that had been settled out of court. The iconic guitar lead in “Stairway to Heaven” has yet to be challenged by the estate of Randy California who wrote the instrumental piece “Taurus” for the psychedelic band Spirit.
There is a prize for fame, and everyone wants a piece of the action. Because “Blurred Lines” became big, the heirs of Marvin Gaye took a gamble to make a successful claim. Now any hit maker can be a target. Of course, you need a real good lawyer.