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I'll try and make my self listen to Ed...no problem ever listening to Marvin  From my prior reading on the subject it "seems" that ultimately either the lyric is copied or the melody or both for there to be an infringement. Titles, chord progressions, and I assume drums are not protected. But what the heck do I know? Bud
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The question is though, after listening to the two songs do you think Ed infringed? They are claiming Ed copied Marvin's melody.
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I'll try and make my self listen to Ed...no problem ever listening to Marvin Bud Chuckle....agreed! Personally, I find nothing appealing about Ed's music whatever genre it may be generally referred to as. Unlike Bud  ....I boldly challenged my music tolerance level neurons and I did give a comparative listen to both and I hear nothing overtly intentional that justifies the copyright infringement claim. But....that's just me and maybe I'm missing something. Carry on....
Last edited by chulaivet1966; 06/28/18 09:43 AM.
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I can kinda hear the similarities, but I have to be listening pretty hard. And who knows if that's just because I'm actively trying to hear the similarities.
Last edited by Ember - PG Music; 06/28/18 10:32 AM.
Cheers,
Ember
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I'll try and make my self listen to Ed...no problem ever listening to Marvin Bud Chuckle....agreed! Personally, I find nothing appealing about Ed's music whatever genre it may be generally referred to as. Unlike Bud ....I boldly challenged my music tolerance level neurons and I did give a comparative listen to both and I hear nothing overtly intentional that justifies the copyright infringement claim. But....that's just me and maybe I'm missing something. Carry on.... Nope, not just you. I heard nothing that justifies the copyright infringement claims either.
OK, a random thought;
Why does toilet paper need a commercial? Who's not buying it?
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[quote=chulaivet1966] Nope, not just you. I heard nothing that justifies the copyright infringement claims either. Howdy Mario.... Thanks for the corroboration.  This got me to thinking though.....maybe I'll revisit all my decades of irrelevant song writing efforts and see if a I can find one that sounds like...Oh... Light My Fire or..... Peg.... Eye In The Sky....and try my luck at a literary law suit. Of course....I'm just a kidder....back to topic.
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I've heard a number of other songs that were obviously closer to each other in many more ways that did not result in a lawsuit.
Yeah, there's similarities between these two songs but certainly not $100 million dollars worth of similarities.
You can find my music at: www.herbhartley.comAdd nothing that adds nothing to the music. You can make excuses or you can make progress but not both. The magic you are looking for is in the work you are avoiding.
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Yesterday afternoon I was listening to Ed's song - I didn't see this article until today. I have been a Motown and Marvin fan since I was a kid. Not once while listening did I ever think to myself OMG, this is Let's Get It On. Nothing about Ed's song brought Let's Get It On to my mind at all.
So yeah today after seeing the article and closely listening back to back there may be a few minor similiarities but that's true of hundreds of songs. $100 million in damages is ridiculous.
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There is a lot of money to be made in cases like this. Music being what it is, it's bound to sound similar if you look hard enough, same goes for lawyers, look hard enough and you'll find the dollars. Then there are the judges, equipped with perfect pitch and timing plus a degree in composition. Just a normal day in the music business.
Wasn't the Marvin Gaye estate involved in a similar case not long ago?
Chris
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It's really not about if he infringed or not. It's about can someone make $100m or not. 
Chad (Hope that makes it easier)
TEMPO TANTRUM: What a lead singer has when they can't stay in time.
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While I hear definite similarities between these songs, I get the impression that since the Blurred Lines judgement, you can get sued for being influenced by influential artists, and this isn't good for music as an industry or as an artform.  I can't imagine Marvin would have been displeased to hear his style reflected in these modern recordings. Cheers Kent
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If you want to hear it youll hear it.
But honestly , had to force myself to listen to ed.
Being one of the best artist in the charts just now, and one of the ones singing songs that could have come from any ones era.
Gentlemen behave.
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The rule is 8 consecutive notes in the same rhythm. It has to be 8 in a row, the same 8, and with the same syllabic rhythm or a dime store lawyer can get him off. Did he do that?? Also, I have heard him and he sounds great. As for this: https://www.youtube.com/watch?v=lp-EO5I60KAIt's not the same song! Maybe some mood similarities but the melody and punctuation is totally different. That is a fricking great and unbelievably catchy song and he is singing his heart out. It's the kind of song that makes guys and girls get it on. What's wrong with that now.
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So... here's the reality of this lawsuit as I see it.
Marvin Gaye's estate is running out of money because the royalties tend to dry up with time, but the lavish lifestyle of the dependents living off the money doesn't.
So....someone gets one of those AI apps that lets you play current hits and identify the song..... while doing that it "discovers" a song that sounds close enough according to the app, to one of the estate's copyright holdings.... hummmmmm????
Get a lawyer and sue the new writer for some astronomical amount.... oh lets just pick a nice round number out of the air..... $100 Million sounds good. Now... serve the papers.
New guy gets served, Whisky Tango Foxtrot!!!! contacts his lawyer after changing his underwear....
His lawyer contacts their lawyer and they "do lunch". This is a baseless lawsuit.... you know it and I know it..... yes but, will the jury see it that way? The jury might thing it's blatant and award damages and penalties and a cut of all your client's catalog. Yeah, you have a point.... Lets settle.... OK.... how's $10 Million sound? I'll run it by my clients.... nope they want $20M to settle.... My client will give $15M and not a dollar more.... Agreed... deal is done. Everyone gets paid and almost everyone is happy.
$15 Million as a settlement isn't a bad payday when there was very little real chance to win, but accounting for juries is tricky at best so settlements are the answer.
Writer goes on writing new songs and somewhere out there, a different broke, faded star, is using Siri to search the new music catalogs.......
And that's how the wheels of commerce are greased.
Last edited by Guitarhacker; 07/02/18 05:02 AM.
You can find my music at: www.herbhartley.comAdd nothing that adds nothing to the music. You can make excuses or you can make progress but not both. The magic you are looking for is in the work you are avoiding.
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.....................
New guy gets served, Whisky Tango Foxtrot!!!! contacts his lawyer after changing his underwear....
. That made me chuckle. I'm passing this on to BobH.
OK, a random thought;
Why does toilet paper need a commercial? Who's not buying it?
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I wish I could find a DEFINITIVE RULING on the copyright issue. I was always told about the 8 note thing (by even lawyers) but now researching it a few seconds ago to double-check I cannot find the law. What is the law? How do they interpret it? I see that from Marvin Gay'e last winning victory the jury awarded the settlement because somebody copied his "vibe." http://www.vulture.com/2015/03/what-the-blurred-lines-ruling-means-for-music.htmlThat is scary. Is there a law or isn't there a law. If so, what is it? If you can win a settlement because someone says you stole their ghost I am going to put my guitars in the closet. That is crazy.
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I wish I could find a DEFINITIVE RULING on the copyright issue. I was always told about the 8 note thing (by even lawyers) but now researching it a few seconds ago to double-check I cannot find the law. What is the law? How do they interpret it? I see that from Marvin Gay'e last winning victory the jury awarded the settlement because somebody copied his "vibe." http://www.vulture.com/2015/03/what-the-blurred-lines-ruling-means-for-music.htmlThat is scary. Is there a law or isn't there a law. If so, what is it? If you can win a settlement because someone says you stole their ghost I am going to put my guitars in the closet. That is crazy. So from everything I've read on the topic, it's all subjective and there is no "hard and fast" rules regarding what constitutes infringement. George Harrison lost due to 3 notes.... way past the 8 note thing. My Sweet Lord / He's So Fine. In my tongue-in-cheek post, what I said was really not that far from the truth. There are folks who's job it is to sit around all day and comb the internet for copyright violations on photos and music. All in the hope that they will find a violation and the company they work for sends a threatening letter demanding payment for the alleged violation. Remember the song sharing sites? So how difficult is it for a composer to find a new song that copies his/her melody line or lyric line given the AI search engines and apps created specifically to do that? Not very hard. Do they go after folks like us who have nothing in the bank? Not very often. Yeah, on occasion they send a letter that demands a couple thousand for the "past due licensing"..... but now the big stars, filling arenas and selling millions of copies..... oh yeah... deep pockets.... so.... 3 notes, a groove, a vibe, a bass line, a drum fill, it's all fair game and if they can get a dumb bunch of jurors to agree, it becomes the big star's worst nightmare financially and in a PR sense as well. BTW: that lawyer doing lunch thing was taken from real life. I was in a car accident. My fault. No one was hurt, but that didn't stop the other 2 people from attempting to sue me for everything I had. They wanted a full financial disclosure and a jury trial. My lawyer said lets settle with them. It was arranged by the insurance co without my consent. They were both paid off with waaaaaaay more than either of them deserved, but as my lawyer pointed out to me.... Do you really want to walk into a South Carolina court room with a jury and see them both sitting in wheelchairs as we try to defend you? Nahhh.... I see your point. 3 notes....4 notes.....or 8 notes...... only a jury will decide if you're going to pay or not.
You can find my music at: www.herbhartley.comAdd nothing that adds nothing to the music. You can make excuses or you can make progress but not both. The magic you are looking for is in the work you are avoiding.
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Wow that video by Beato was great. Scary for all songwriters to think that they won that Blurred Lines suit over a style - you have to wonder who were the idiots who made that ridiculous judgement. What a pandora's box. It turns what I was taught - that the melody and lyrics were the thing - on it's head. Sheesh. Too bad whoever Marvin and Townsend got their "inspiration" and "influence" from isn't around to sue them...jerks.
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