Two of Marvin Gaye's children, Nona & Frankie, sued Robin Thicke, Pharrell and T.I.
on the hit song "Blurred Lines" on Wednesday, accusing them of
copyright infringement and alleging music company EMI failed to protect
their father's legacy
The Gaye's Family suit follows the case filed by Thicke and
his collaborators in August asking a federal judge to rule
that the singers did not copy "Got to Give It Up" for their hit. The Gaye Family lawsuit seeks to block Thicke, Pharrell and T.I. from
using elements of their father's music in "Blurred Lines" or other
songs.
Thicke has denied copying Gaye's song for "Blurred Lines,"
which has the longest streak this year atop the Billboard Hot 100 chart
and to date, has sold more than 6 million tracks. The suit also accused
Thicke of improperly using Gaye's song "After the Dance" in his song
"Love After War."
Much of the lawsuit focuses on claims that EMI
should have pursued a copyright infringement claim. It also alleges the
company's executives used intimidation to try to stop the Gaye family
from pursuing a lawsuit.
The suit claims EMI, which is owned by
Sony/ATV Music Publishing, has allowed a conflict of interest between
the family's rights and the profits it is earning from "Blurred Lines"
sales.
"This conflict has resulted in EMI's intentional decision
to align themselves with the writers of 'Blurred Lines', without regard
to the harm inflicted upon the rights and interests of the Gaye Family,
and the legacy of Marvin Gaye," the lawsuit states.
Sony-ATV said it takes "very seriously" its role of protecting its songwriters' works from infringement.
"While
we have not yet seen the claims by the Gaye family against EMI, we have
repeatedly advised the Gaye family's attorney that the two songs in
question have been evaluated by a leading musicologist who concluded
that 'Blurred Lines' does not infringe 'Got To Give It Up,'" the company
said in a statement.
Sony-ATV also said that while it treasures
Marvin Gaye's works and the company's relationship with his family, "we
regret that they have been ill-advised in this matter."
Howard
King, who represents the singers, said the Gayes' countersuit was not
unexpected, but he said their decision to sue EMI demonstrates the
family lacks the appropriate authority to pursue the case against his
clients.
He rejected the notion that EMI turned a blind eye to
improper copying of Gaye's music. "EMI is in the business of collecting
money for infringements," King said.
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