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Kesha wins a major court victory in her defamation battle with Dr. Luke. Lady Gaga’s Little Monsters were not expecting to see footage from her Chromatica Ball Tour in a commercial. Madonna joins Cher as the only woman to have debuted titles on the Hot 100 in five separate decades. And more! Tetris Kelly:Kesha makes […]
In this episode of Billboard Explains, we take a look at the rise of copyright lawsuits and the significance behind Ed Sheeran‘s case and his win over his track “Thinking Out Loud.”
Producer:Copyright lawsuits are on the rise. Ed Sheeran recently won a copyright lawsuit claim against his Billboard Hot 100 hit “Thinking Out Loud.” While the pop star successfully defended his hit song, it’s actually one of many copyright lawsuits that are bringing music’s most well-known stars into the court.
From Robin Thicke and Pharrell to Katy Perry, why is there a rise in copyright infringement cases? And how does Ed Sheeran’s victory impact the music industry? This is Billboard Explains: Music Copyright Lawsuits.
Let’s first dive into what Sheeran’s copyright case was all about: Sheeran’s “Thinking Out Loud” versus Marvin Gaye’s “Let’s Get It On.” The family of “Let’s Get It On” co-writer Ed Townsend accused Sheeran of copying the chord structure of Gaye’s 1973 hit. The jury ultimately ruled in favor of Sheeran, saying that he didn’t copy any of the elements of the song and created it independently.
This isn’t the first time Marvin Gaye has been involved in a copyright case. In 2013, Gaye’s family claimed Robin Thicke and Pharrell’s song “Blurred Lines” copied Gaye’s 1977 hit song “Got to Give It Up.” Thicke actually told Billboard that Gaye inspired the song, saying in part, “I told him, ‘Pharrell, I wanted to do something kind of like Marvin Gaye’s ‘Got to Give It Up’ that kind of feel because it’s one of my favorite songs of all time.’”
The jury found Robin Thicke and Pharrell Williams guilty of copyright infringement, and awarded Marvin Gaye’s estate over $5 million and 50% of future royalties on the song. The verdict of the “Blurred Lines” case jump-started a wave of copyright lawsuits targeting some of music’s biggest hits, from opening guitar riffs to similar melodies, to similar lyrics. So why does this particular case matter? According to Billboard‘s Senior Legal Correspondent Bill Donahue, the “Blurred Lines” lawsuit created confusion and fear among songwriters and artists at the time. So this case shows that the pendulum is swinging the other way. Basically, Sheeran winning this case helps other songwriters in the future. He says it best:
Ed Sheeran:“These codes are common building blocks, which were used to create music long before ‘Let’s Get It On’ was written, and will be used to make music long after we’re all gone.”
Producer:So what’s the impact on the music industry as a whole? Things are starting to change when it comes to copyright cases. Many artists are choosing to go to court and fight for their work as opposed to settling out of court. They want to prove they’re innocent of the claims and not become a target for a cash grab. And the music industry as a whole is learning more about what makes a legitimate copyright case, actual stolen music and lyrics versus common musical elements.
Ed Sheeran:“If the jury had decided this matter the other way, we might as well say goodbye to the creative freedom of songwriters. We need to be able to write our original music and engage in independent creation without worrying at every step of the way that such creativity will be wrongly called into question.”
Producer:All in all, while Sheeran’s win won’t necessarily stop future lawsuits from happening, the win still marks a significant moment in music history.
Ed Sheeran‘s copyright case for “Thinking Out Loud” is far from the first of its kind, but it sets a new precedent for all cases regarding musical integrity going forward. How does Sheeran’s case impact the music industry, and what has prompted the recent rise in copyright cases?
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The latest episode of Billboard Explains dives in to music copyright lawsuits of the past and present, starting with Sheeran’s “Thinking Out Loud” versus Marvin Gaye‘s 1973 hit “Let’s Get It On” and touching on cases with Robin Thicke and more.
Gaye’s family and “Let’s Get It On” co-writer Ed Townsend accused Sheeran of copying Gaye’s hit, but the court ruled that the British singer did not copy elements of the song. Thicke and Pharrell Williams, who worked together on “Blurred Lines,” came under fire from the Gaye family as well, when they were accused of copying Gaye’s 1977 song “Got to Give It Up.” In Thicke’s case, he admitted that he was directly inspired by the track and named it as one of his favorite songs ever; the court ruled that Thicke and Williams were guilty and were ordered to pay Gaye’s family $5 million in addition to 50 percent of the track’s royalties.
While Thicke’s case swung the pendulum and made artists more fearful about potential lawsuits, Sheeran’s case proves that artists have a chance to successfully defend their work and are willing to fight instead of settling outside of court.
After the video, catch up on more Billboard Explains videos and learn about how Beyoncé arrived at Renaissance, the evolution of girl groups, BBMAs, NFTs, SXSW, the magic of boy bands, American Music Awards, the Billboard Latin Music Awards, the Hot 100 chart, how R&B/hip-hop became the biggest genre in the U.S., how festivals book their lineups, Billie Eilish’s formula for success, the history of rap battles, nonbinary awareness in music, the Billboard Music Awards, the Free Britney movement, rise of K-pop in the U.S., why Taylor Swift is re-recording her first six albums, the boom of hit all-female collaborations, how Grammy nominees and winners are chosen, why songwriters are selling their publishing catalogs, how the Super Bowl halftime show is booked and why Olivia Rodrigo’s “Drivers License” was able to shoot to No. 1 on the Hot 100.
Country singer Morgan Evans opens up to Billboard’s Executive West Coast and Nashville editor Melinda Newman on how his divorce from Kelsea Ballerini inspired his song ‘Over For You’, the inspiration behind the cover art for his EP ‘Life Upside Down’, and more. Morgan Evans 0:00I’ve got a couple of friends from Australia here that […]
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Lady A’s Hillary Scott plays Fishing for Answers at Billboard‘s Country Live event.Hillary Scott:
Hi, I’m Hillary Scott, and I’m going Fishing for Answers with Billboard.
“Most embarrassing onstage moment?” We were playing a rodeo in Texas, it was in San Antonio, Lady A show and those have rotating stages. And at one point, Charles [Kelley] hits my arm. I think it was during “Need You Now,” maybe? And the mic hits my teeth, and my lip … and my lip starts bleeding. And so he said that I looked like someone who was in a boxing ring, like, the rest of the song because I had, like, blood on my teeth. And I’m pretty sure it was up on the big screens. So that was kind of embarrassing.
Let’s see the next one: “Recording or touring?” That’s a great question. I would have to say right now, it kind of changes depending on what season I’m in, I guess, but touring would have to be my favorite thing right now. The Request Line Tour that we’re doing is so up close and personal with the fans. It is giving me all the feels, so touring.
“What is your favorite album or country album of the year so far?” This is really hard. But just recently, I started listening to Jordyn Shellhart’s Primrose, and I cannot quit it. I was driving around town yesterday and just had it on repeat. Her voice is incredible. If you’ve not listened, you should. Love her.
“What is the most country thing you’ve ever done?” The most country thing I’ve ever done was on a family trip to visit my aunt and uncle and my cousins in South Carolina. I threw hay bales for a week. I got paid, but that’s probably the country-est thing I’ve ever done.
Oh, these are hard questions. OK, “the best concert you’ve ever attended?” The first thing that jumped out to me was the I Am Sasha Fierce, Beyoncé tour. I have the best memory of being in Dallas, Texas, at American Airlines Center with Miranda Lambert. She took us to that show and it was one of the best I’ve ever seen. Beyoncé!
Idina Menzel rocked the stage at WeHo Pride and chatted with Billboard News about the differences between her Broadway and Pride performances, the upcoming ‘Frozen 3,’ her new music, a potential return to Broadway and more!
Tetris Kelly:Hanging out at WeHo Pride with the beautiful Idina Menzel. How are you?
Idina Menzel:I’m good, thank you!
Tetris Kelly:It was so great to watch you perform tonight, and now that “Move” is out in the world, how has your fans reaction been to the new single?
Idina Menzel:I think it might be something people didn’t expect of me but once they hear it, I think they’ll think it’s a pretty organic transition. You know, big voices, great disco grooves.
Tetris Kelly:We love the disco grooves and even watching your set tonight, I was like, this feels very queer-inspired. Am I right about that? Because I was feeling myself.
Idina Menzel:Well, it’s Idina-inspired. Idina’s life maybe is synonymous with the queer-inspired stores. It’s about having to find my self-esteem and empower myself to get up every day and believe in who I am, and live my life authentically, which is honestly what I learned from all my friends in this community. And I probably wouldn’t be where I am today if I hadn’t learned how to conduct myself in this world, if it wasn’t for them.
Thank you all for showing up. Let’s let them hear our anger and our madness and our frustration.
Tetris Kelly:Living your life authentically. I love that. You’re also performing at London Pride, and you’re here at WeHo Pride. So tell me what’s different about these shows versus the average Idina show.
Idina Menzel:Everybody’s standing, which is really cool. No offense to Broadway or the theater, but everyone needs to sit and behave. Here, they don’t have to behave so much. They can stand, they can dance, they can scream, and that just feels really good.
Tetris Kelly:I love that. And you know, the community has been under a lot of attack lately. The drag community, the trans community — have you ever been at like a drag show and been like “This is everything to me”? Because we’ve seen the “Let It Go” drag queens, like, tell me how have you been inspired by the drag community?
Watch the full video above.
Country singer Bailey Zimmerman plays a game of Never Have I Ever at the Billboard Country Live event.
Bailey Zimmerman:What’s up, y’all? I’m Bailey Zimmerman, and this is Never Have I Ever.
Producer:Never have I ever lied to get out of a speeding ticket.
Bailey Zimmerman:I have, my first one. And it didn’t go good. I got a bigger ticket for lying.
Producer:Never have I ever made a fake social media account.
Bailey Zimmerman:Never. I’ve made a private one, but not a fake one.
Producer:Never have I ever dumped someone over text.
Bailey Zimmerman:I def have. I definitely have dumped somebody over text. And if it was you, I’m so sorry.
Producer:Never have I ever forgotten lyrics on stage.
Bailey Zimmerman:I have, almost every night. I get so into the music that I get so into just seeing people just cry and scream and I’m having so much fun that I sometimes forget what I’m singing. But it’s fine. It’s a good time.
Producer:Never have I ever dated two people at one time.
Bailey Zimmerman:Never. I’ve never done that — and I will never do that. That sounds awful. Could you imagine trying to keep, oh my gosh, that’d be awful. I don’t do that.
Producer:Never have I ever seen a ghost.
Bailey Zimmerman:I want to say I have never seen a ghost, but man, that makes me so scared because what if I do see one now because I said I haven’t?
Producer:Never have I ever overdrafted my bank account.
Bailey Zimmerman:Oh, I’m sure I have. I’m sure I have. My bank was just so small town that they never told me about it. They just let it kind of slide, but I’m sure I’ve been over before. Oh yeah. Everybody has! Who hasn’t been red in the bank account? Of course!
Watch Bailey Zimmerman play Never Have I Ever in the video above!
Killer Mike stopped by Billboard News to talk about creating Michael — his most personal album yet — the start of his career, Atlanta rappers such as Latto and Lil Baby, his thoughts on Georgia politics and more!
Killer Mike:Run the Jewels is the X-Men, right? It’s us as a group — me, El-P, Trackstar. We have this world that’s the uncanny X-Men. Well in my character, you get the superhero of Killer Mike. But there’s still this story that this 9-year-old kid is just a regular human kid.
Hey, what’s up? This is Killer Mike, and this is Billboard News.
Tetris Kelly:It’s Tetris with Billboard News, hanging out with Grammy-winning rapper Killer Mike. Man, what’s up?
Killer Mike:Man, trying to get back to more Grammys, man.
Tetris Kelly:Hey, I like to hear that. I actually think this is the first time I’ve had another Georgia brother on the couch, man.
Killer Mike:Red Clay brothers, man. Good to be here.
Tetris Kelly:There we go. I’m happy to have you. We’re gonna get back to Georgia. But let’s jump into this music, right now.
Killer Mike:Let’s do it, let’s do it!
Tetris Kelly:So Michael, the album, obviously naming the album that, you know, it’s got to be really personal for you. So why did you decide to name it Michael?
Killer Mike:It really is. If you look at the cover, it’s a bucktoothed little kid with a halo and some horns popping out. And that really is the spirit of that record. At 9 years old, when I did that school picture, I decided I was going to be a rapper. And there’s something about a kid’s imagination, once he says you can do it, it’s not impossible. But this record is about a 9-year-old Black boy, essentially, grows up in an all-Black enclave in Atlanta, Ga., which is a Black city, in the Deep South. And he blossoms and he and the city and this music all grew up together. And it’s that journey.
So there’s deeply personal records on there like “Shed Tears” that talks about, you know, as a man, you’re going to endure some hardships and pains. And the women who love you — whether it’s your mother, your wife, your lover, your daughters — people cheer for you and sometimes you just got to go in the bathroom and shake yourself up. Let a few tears flow and then go out and conquer the world.
I just wanted people to understand that the superhero Killer Mike created an image of his 9-year-old boy, it was really started by this 9-year-old boy named Michael.Watch the video above to see what else Killer Mike shares about his new album, the rise of Atlana rappers and more.
Artikal Sound System has moved to drop their copyright lawsuit against Dua Lipa; this comes days after a federal judge said its case had serious flaws. Blueface has been arrested in Vegas; the arrest comes less than a year after the rapper was taken into custody for attempted murder. Killer Mike stopped by Billboard News […]