It’s the same song. And once you go to a jury…

You’ve got to understand the law is not about common sense. It’s not about deciding who is right. It’s about laws, both statutes and cases, and even though someone or something might smell guilty, that does not mean they are under the law. Which is a good thing. Because it makes life predictable.

So, the judge didn’t allow the recording of Marvin Gaye’s “Got To Give It Up” to be played in court, at least at first, and it came down to the sheet music and you could see why Pharrell and Thicke thought they had a chance, at least their lawyers thought they had a chance, but juries are notorious for going on feeling/running on emotions.

This should have been settled out of court.

Then again, you’ve got to come up with a number, you’ve got to make an agreement. For every case like Sam Smith’s where the parties are amenable, there are others where one party is entrenched and unreasonable, sometimes even both!

That’s what they don’t tell you about the law. It’s not about the courtroom, it’s about settlement, negotiation, and the key is to have an attorney who knows how to get an agreement, who is also willing to go to court if one cannot be reached.

So…

It’s the same damn song. Everybody knows that.

Where is the line?

WHO KNOWS!!

Sure, there are a limited number of notes, but the truth is most people don’t have enough money to sue, so stuff never gets to court, never mind settlement.

And then there are those who let it ride.

But when you have heirs who didn’t write the music to begin with and are living off the proceeds…it’s hard to let things go.

As for the amount of money made by the track, revealed in the courtroom, THAT’S A GOOD THING! For over a decade we’ve had to hear how the music business is challenged, how you just can’t make any money. Then you’ve got these guys rolling in dough. It’ll encourage people to make music. To the degree the numbers are even remembered.

That’s right, Pharrell and Thicke’s checks are an antidote to the Wall Street/financial money. Who wouldn’t rather be a musician? Everything they’ve been telling us is wrong. There’s tons of dough if you’re great and successful. It’s just that most people aren’t. And it’s these losers who are complaining the loudest. As are those inured to recording monies. But if you can make this much on recordings, and you’ve got live income too? WHOOPEE!

So if you rip off someone else’s track, consciously or subconsciously, and you have a hit with it, chances are you’re gonna be sued.

Hell, the truth is you’re gonna be sued even if there is no similarity! The old axiom applies, that’s right, “Where there’s a hit, there’s a writ!” Talk to the superstars, they’ve all been harassed and sued for no good reason, it goes with the territory.

But if it’s too close…

As for a rash of these lawsuits, give me a break. Were the courts littered with cases after the George Harrison “My Sweet Lord”/”He’s So Fine” case? NO!

So the only story here is people might think a bit harder as to whether they copied and if they did, and the song makes bank, they’re gonna get a phone call.

Once upon a time, rappers sampled hit records willy-nilly, that’s history.

And if you copy, you’re probably gonna be busted.

Once again, where’s the line?

1. No one cares about a track that doesn’t make money. You don’t spend all that money suing to make nothing.

2. If there is similarity, you may or may not be sued, and if you are, you’re usually better off settling.

3. Juries are unpredictable. And they tend to run on emotion. The songs were so similar that the jurors felt the injustice and found for the plaintiffs. Judges can frequently separate emotions from facts, but not juries.

4. Appeal. Juries get it wrong all the time. And judgments are reduced or cases are sent back for retrial and… Frequently, settlement is achieved and the number you see in the news is never paid.

So…

How many of these lawsuits do we hear about? How many go to trial?

Almost none.

So, sleep tight and know that music still rains down money, no matter what everybody in it keeps saying…