Yes. I know. Surface level you would think I am contradicting myself right?
However, the Pharrell song doesn't use any sound or melody used in the Marvin Gaye song.
Go listen to it if you do not believe me. There is a big difference.
However, are you quoting me just to fuck around with me or are you really interested in learning?
That is why I am not wasting my time with these BGOL jokers.
See below.
What is the Legal Test for Music Plagiarism?
The law states that anything that reflects a “minimal spark” of creativity and originality can be copyrightable, including melody, chord progression, rhythm and lyrics. In the event of a trial, the person claiming infringement must prove two things:
1)
Access – that the infringer had heard, or could reasonably be presumed to have heard, the original song prior to writing their song; and
2)
Substantial Similarity – that the average listener can tell that one song has been copied from the other. The more elements that the two works have in common, the more likely they are substantially similar.
What constitutes music plagiarism in 2017? We examine what Sam Smith got right and Robin Thicke got wrong, and outline the legal test for plagiarism.
lawyerdrummer.com
When I responded to you, "Blurred Lines" wasn't the song I had in mind.
Are you interested in learning?
At times in this dialogue, you are using two terms incorrectly. "Melody" is a musical term. It refers to a grouping of consecutive pitched notes that constitute a sequence. "Sound" is just that. Something your ears hear. More specifically, for what we are talking about though, "sound" could either refer to specific sonic elements such as the individual instruments used in a recording or it could refer to the way those groups of instruments are arranged and how they work together to create a groove resulting in a signature "sound".
The first song that came to mind for me was Britney Spears', "I'm A Slave 4 U" whose composition is credited to Pharrell. Its instrumentation and groove sound very similar to Prince's composition, "Nasty Girl" by Vanity 6. "Blurred Lines" was only my secondary thought. But why not... let's discuss it.
The "paying homage to" line you said, that was what I was specifically responding about, not arguing whether Pharrell songs like "Blurred Lines" fit the legal definition of copyright infringement. The main melodies of the two songs were not anything near identical. You're correct about that. Yet Pharrell and Robin Thicke lost in court.
Where you are incorrect in the first line of your post that I'm quoting, is when you said Blurred Lines doesn't use any "sound" used in the Marvin Gaye song. It used the exact instrumentation of "Got to Give it Up"...a rather unique combination of cowbell, electric piano used as bass, drums and the lack of a guitar. The cowbell is the prominent instrument in both songs used in similar combo with an open hi-hat. The background harmony vocals are used very similarly, the tempo is nearly identical, the drum backbeat is very close. The basslines of both songs constitute the song key's root note played on the one followed by mostly silence then the same note repeated in two 32nd notes on the "and" of four. Melodically, not identical, because Marvin's bassline has additional grace notes inserted here and there is and is being improvised, whereas Pharrell's bassline is a four bar loop. But stylistically? No question they're the same style. The instrumentation combined with the groove of "Got to Give It Up" constitutes a unique sound. Pharrell uses that signature sound of Marvin's song.
I think that these kinds of things should be considered in terms of expanding the language of what constitutes musical theft in the legal sense.
My issue with Pharrell is not a legal one so much as an irritation with him calling himself a songwriter. To take someone else's arrangement of their original song, remove or add a note here and there so as to avoid an infringement lawsuit, and then throw your own melody on top of it is to me not truly writing a song. He claimed that he wrote "Blurred Lines" in like a half hour? Duh. Copying a song's arrangement and slightly altering its elements doesn't take long to do. He's put songs together that way many times. I don't see that as legit being an homage to the original artist, I see it as lazy "songwriting".