*A lawsuit over whether “Blurred Lines” copies a Marvin Gaye track continues with a new request from Robin Thicke and Pharrell Williams, according to The Hollywood Reporter.
In documents filed Friday (June 13), they seek for the Gaye family to release its communications with music publisher EMI, with which the family in December settled claims of breach of contract, breach of fiduciary duty, and breach of the covenant of good faith and fair dealing.
EMI is said to co-own and co-control “Blurred Lines” as well as administrating the Gaye composition, “Got To Give It Up,” that Frankie and Nona Gaye allege “Blurred Lines” infringes.
When Thicke, Williams and T.I. (Clifford Harris Jr.) sought declaratory relief in August that “Blurred Lines” hadn’t been copied, the Gaye family struck back not only at the musicians but at EMI. The family alleged that to protect the multi-platinum hit, EMI refused to take legal action and attempted to “intimidate” the Gaye family against doing so. Those claims were settled—but now the plaintiffs want to know if EMI disputed the Gayes’ claim, and why.
In the new filing, the plaintiffs’ attorneys, Howard King and Seth Miller, contend that the communications between EMI and the Gayes would “show Defendants’ bad faith in pursuing their claims against Plaintiffs because the Defendants’ own music publisher, EMI, advised Defendants that the claims had no merit.” This would help Thicke, Williams and Harris establish the dissimilarity of their song to Gaye’s track.
The Gaye family, unsurprisingly, is singing a different tune. They now allege that EMI informed them they would not need the music publisher to pursue legal action because they are the legal owners of the song’s copyright. Furthermore, they argue that their communications are not relevant to the case, since they settled with EMI.