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Marvin Gaye family v. Robin Thicke: Lawsuits mount over 'Blurred Lines'

Marvin Gaye wrote two songs that his heirs allege, in a lawsuit filed Wednesday, were plagiarized by artist Robin Thicke, including Thicke's controversial 2013 chart-topper, 'Blurred Lines.' Here's the backstory on the parties' dueling lawsuits.

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Charles Syke/Invision/AP
Robin Thicke performs on NBC's 'Today' show in New York. The superstar is named in a lawsuit alleging that he plagiarized his hit song, 'Blurred Lines.'

Everybody get up 鈥 the song 鈥淏lurred Lines鈥 is back in the news. Robin Thicke, who has taken blistering criticism over the past seven months聽for the lyrics, music video, and VMA performance of his controversial song 鈥淏lurred Lines,鈥 is now starring in another drama, this time in a courtroom.听

The children of late Motown singer Marvin Gaye filed a copyright infringement lawsuit Wednesday against recording artists Robin Thicke, Pharrell Williams, and Clifford Harris Jr., alleging that the songwriters plucked compositional elements from a Gaye song for use in their own "Blurred Lines," a 2013 hit single. The suit also targets music publisher EMI April, which has business ties with the musicians on both sides of the legal battle, accusing it of promoting 鈥淏lurred Lines鈥 at the Gaye estate鈥檚 expense.

Gaye, famous for his 1982 hit 鈥淪exual Healing,鈥 among other songs, and as the posthumous winner of a Grammy Lifetime Achievement Award, died in 1984. He has been called the 鈥淭he Prince of Soul.鈥

The lawsuit, first聽, comes two months after Thicke, Williams, and Harris filed a preemptive suit against the Gaye estate in a California court, seeking a ruling to establish that "Blurred Lines" does not plagiarize Gaye鈥檚 1977 song, "Got to Give it Up.鈥 At the time, rumors had been mounting that Gaye鈥檚 children 鈥 Nona Marvisa Gaye, Frankie 海角大神 Gaye, and Marvin Gaye III 鈥 were planning to sue the songwriters for comments that both Thicke and song reviewers had made suggesting that the 2013 hit had been pulled from one of Gaye鈥檚 songs.

In a May interview with GQ, Thicke said he and Williams had written 鈥淏lurred Lines鈥 in just 30 minutes, after listening to Gaye鈥檚 song and deciding 鈥渨e should make something like that, .鈥 Several music reviewers, including The New York Times, Rolling Stone, and Vice, found that highly plausible, noting the resemblance of the two songs.

"Don鈥檛 let the video鈥檚 modernism fool you: , and this hit is just as nostalgic as Mr. Thicke鈥檚 first single was," wrote The New York Times in an August review of "Blurred Lines," which made explicit comparison of the song to Gaye鈥檚 鈥淕ot to Give It Up." The review, which wryly called Thicke "white soul's leader," had seemed at the time a harbinger of a coming lawsuit against the superstar for ripping off a pioneering black soul singer's music.

Thicke, after filing the preemptive lawsuit in August, retracted his own comments in a September interview with TMZ, in which he said his song and Gaye's song聽.听

鈥淏eing reminiscent of a 'sound' is ," write the plaintiffs in the preemptive lawsuit.

As expected, Gaye鈥檚 children did indeed file a lawsuit. But, in a surprise, they also allege that Thicke plagiarized more than one of their father鈥檚 songs. In addition to 鈥淏lurred Lines,鈥 Thicke's 2011 song, "Love After War," is a rip-off, this time of Gaye's 1976 song, "After the Dance,鈥 the suit charges.

The suit, filed in US district court in Los Angeles, includes an attached report from a musicologist who identifies at least eight similar compositional features between 鈥淏lurred Lines鈥 and 鈥淕ot to Give it Up,鈥 including the 鈥, omission of guitar, and use of male falsetto.鈥 The plaintiffs also write that 鈥渁ny ordinary observer would immediately recognize 鈥楲ove After War鈥 as a copy of 鈥楢fter the Dance.鈥 鈥

鈥淭he songs鈥 substantial similarities ,鈥 the suit says.

The suit also names EMI April, the song publisher, now under Sony/ATV, which manages Gaye鈥檚 roster of songs and which also co-owns Thicke鈥檚 songs, the Hollywood Reporter said. The plagiarism lawsuit also alleges that EMI April鈥檚 chairman tried to intimidate Gaye鈥檚 family into not filing suit, telling his heirs that in doing so they would be 鈥渒illing the goose that laid the golden egg,鈥 as well as 鈥渞uining an incredible song鈥 ["Blurred Lines"].

Overall, EMI April failed 鈥渢o remain neutral when faced with a conflict of interest, and instead g[ave] strong support to the Blurred Writers, in direct detriment of the Gaye Family,鈥 the suit says.

The Gaye family is asking that EMI April lose the rights to administer Gaye鈥檚 catalogue of songs, as well forfeit all profits from Thicke鈥檚 music. The plaintiffs are also seeking $150,000 in damages for each act of infringement.

鈥淲e 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,鈥 鈥 said SONY/ATV, in a statement. 鈥淎nd while we very much treasure the works of Marvin Gaye and our relationship with the Gaye family, we regret that they have been ill-advised in this matter."

The Gaye family鈥檚 lawsuit also names Thicke's wife, actress Paula Patton, who is featured in "Love After War,鈥 Star Trak Entertainment, Interscope Records, and Universal Music Group recordings, among others.

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