Creativity vs. Copyriting

Copyrighting is a legal right created by law that grants a creator of an original specific type of work exclusive rights to the use and distribution of the work. The exclusive rights are not set in concrete , there are certain limitations to the law such as fair use. Fair use is leeway around being able to use the original work but there are factors that has to be followed , such as:

1. the content and purpose in which the original work is being used

2. the amount or portion of the work that is being used

&

3. the effect of the use upon the potential market for or value of the original work

One thing that I’ve noticed is that being creative and showing creativity in a transformation or replication of a work , can also be a way of breaking this copyright law.

For example, Robin Thicke’s Blurred Line (ft. T.I. and Pharrell Williams) has recently been brought up for a case where they are being accused of stealing the music of an original song.

It has been brought up that Robin Thicke’s song had infringed upon Marvin Gaye’s song ” Got to Give it Up”, Robin Thicke says that “he and Pharrell Williams were in the studio and were playing around with beats and wanted to make a song that had a feel of his favorite song which was “Got To Give It Up” by Marvin Gaye”. This case was in court for about a week , and Marvin Gaye’s children swore up and down that the two songs were too close to be coincidence. They were suing for $7 million. Personally, i believe that these two songs may have the same feel but there are creatively different and there arrangements are different .

The article below follows the case:

http://www.latimes.com/entertainment/music/la-et-ms-blurred-lines-notebook-pharrell-williams-robin-thicke-marvin-gaye-20150306-column.html

 

What do you think, are these songs the same or creatively different?

 

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