Monday, November 4, 2013
As I have previously discussed, Robin Thicke, Pharrell Williams, and Clifford Harris, Jr. (T.I.) filed a preemptive lawsuit against Marvin Gaye’s children on August 19 in order to stop any claims the children may have for intentional copyright infringement of the Gaye song “Got to Give It Up.”
When Gaye’s children first heard the hit single “Blurred Lines,” they assumed Thicke and Williams obtained the proper license from EMI/SONY to use their father’s song. However, EMI/SONY told Gaye’s children no license was ever granted nor was any license needed.
Besides asking the court to reject any copyright infringement claims, the Blurred Lines writers also challenge the children’s standing. According to Gaye’s children, EMI/SONY would have to file a countersuit. However, EMI/SONY has refused to take action and refused to assign the children the right to file themselves, forcing the children to sue EMI/SONY for breach of contract and failure to perform fiduciary duties.
See Marvin Gaye’s Children Respond to Lawsuit Filed by Robin Thicke, Pharrell Williams and Clifford Harris, Jr., PR Newswire, Oct. 30, 2013.