Marvin Gaye's children sue Robin Thicke and EMI over claims Blurred Lines copies Got To Give It Up

By Bobbie Whiteman

PUBLISHED: 20:46 EST, 30 October 2013 | UPDATED: 02:30 EST, 31 October 2013


Two of Marvin Gaye's children are suing Robin Thicke over his hit song Blurred Lines, accusing him and his collaborators of copyright infringement.

Nona Marvisa Gaye and Frankie Christian Gaye also allege music company EMI failed to protect their father's legacy.

The family's suit is the latest salvo in a dispute over Thicke's hit and whether it copies elements of Gaye's song Got To Give It Up.

Court test: Two members of Marvin Gaye's family filed a suit on Wednesday claiming Robin Thick's hit Blurred Lines infringed the copyright of the deceased singer's Got To Give It Up

Court test: Two members of Marvin Gaye's family filed a suit on Wednesday claiming Robin Thick's hit Blurred Lines infringed the copyright of the deceased singer's Got To Give It Up

Their lawsuit seeks to block Thicke and his collaborators 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 has sold more than 6 million tracks so far.

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.

Family ties: Marvin Gaye, pictured in 1983. Lawyers for daughter Nona Marvisa Gaye and grandson Frankie Christian Gaye said they lodged the suit to protect the legacy of his music

Family ties: Marvin Gaye, pictured in 1983. Lawyers for daughter Nona Marvisa Gaye and grandson Frankie Christian Gaye said they lodged the suit to protect the legacy of his music

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 (Blurred Lines) writers, 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.

Getting in first: Co-writers Pharrell, Robin and T.I. lodged a preemptive suit in August asking a judge to rule that they had not copied their hit In August

Getting in first: Co-writers Pharrell, Robin and T.I. lodged a preemptive suit in August asking a judge to rule that they had not copied their hit In August

'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.'

Thicke and his collaborators filed a case in August asking a federal judge to rule that the singers did not copy Got to Give It Up for their hit.

Family fight: Marvin Gaye's daughter Nona Marvisa Gaye, pictured here in 2005, has gone to court to protect what she believes are her father's rights to Blurred Lines

Family fight: Marvin's daughter Nona Marvisa Gaye, pictured here in 2005, has gone to court to protect what she believes are her father's rights to Blurred Lines

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.

The company likely consulted a musicologist who found nothing improper, the attorney said. King said his firm consulted three music experts who determined the notes in the two songs were different.

Gaye's son Marvin Gaye III also might pursue legal action over the song, but he is not included in the federal court suit filed Wednesday.

Chip off the old block: Marvin's musician grandson Frankie Christian Gaye, who performs under the name Christian Scott, is also part of the suit

Chip off the old block: Marvin's musician grandson Frankie Christian Gaye, who performs under the name Christian Scott, is also part of the suit


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"Thicke" still makes me laugh.

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The songs do sound alike

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Marvin Gaye and Robin Thicke are two artists who shouldn't even be mentioned in the same sentence! Marvin Gaye's songs are still relevant today, I wonder if we'll still be humming along to Blurred Lines in 50 years time? Hmmm, I think not!

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what to say...i'm no pro at this but this song can be an infringement of a lot of songs & artists styles...what comes first to mind is I wanna be your lover by Prince. As far as songs sounding like gotta give it up, its best to go back to the late 70's & early 80's. for example Michael Jacksons Don't stop til you get enough. What I don't sense is any real integrity involved in these various lawsuits. Sounds more about money than anything. Robin Thicke has said on more than one occasion that he's heavily influenced by Marvin Gaye. For him to deny it now is disingenuous...but you can hardly blame him if it means you can't give a compliment & not get sued. The way I hear it he has older songs that sound much more like Mr Gayes than Blurred Lines. I guess b/c they weren't huge hits, it wasn't worth their while to sue.

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First time I heard this it was obvious they used the background rift and the "woo" in it are from Marvin Gayes song. This is obvious to anyone who knows their music. Bruno Mars has ripped off rifts on at least 2 of his songs as well and they should not get away with it.

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Not sure about "Blurred Lines", but they have a point with "Love after War" ... totally lifted from Marvin Gaye.

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I dont know what the other commenters have been listening to, but it is EXACTLY like Marvin Gayes song! Robin Thicke has even said in an interview they used it as 'inspiration'...

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Too Similar, Too Right

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The name "Robin Thicke" should never appear in any proximity to the name "Marvin Gaye" for any reason whatsoever, except in a lawsuit. So I am liking this.

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Hmmmm I do think that the basic tune in the background is VERY similar, not sure if it will be enough to sue though.

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