March 19, 2015 Page 1 of 8

BY COLIN STUTZ

Marvin Gaye’s children have written an open letter in hopes to “set the record straight on a few misconcep-tions” surrounding their winning case against Rob-in Thicke and Pharrell Williams over the 2013 hit “Blurred Lines.”

Nona Gaye, Frankie Gaye and Marvin Gaye III’s joint letter explores the lasting legacy of their father’s “Got to Give It Up,” which a jury recently ruled had been copied by Thicke and Williams.

“Great artists like our dad intentionally build their music to last, but we as the caretakers of such treasures, have an obligation to be vigilant about preserving the integrity of the music so that future generations understand its origins and feel its effect as the artist intended, and to assure that it retains its value,” the letter says.

The siblings continue to clarify that Thicke and Williams issued the initial lawsuit against the Gaye family, “forcing us into court,” and that the jury was not allowed to listen to the actual sound recording of “Got to Give It Up” — meaning the jury’s verdict “was based entirely on the similarity of the basic

musical compositions, not on ‘style,’ or ‘feel,’ or ‘era,’ or ‘genre.’”

The Gayes state that this lawsuit could have easily been avoided, had Thicke and Williams acknowledged their infringement and approached the family in advance and come to a deal on the song — something they would have welcomed.

“Our dad spent his life writing music- that is his legacy to us all- he wrote from his heart and was a brilliant songwriter, arranger, producer and one-of-a-kind vocalist,” the letter says. “If he were alive today, we feel he would embrace the technology available to artists and the diverse music choices and spaces accessible to fans who can stream a song at a moment’s notice. But we also know he would be vigilant about safeguarding the artist’s rights; a sacred devotion to not only the artist, but key in encouraging and supporting innovation. He also gave credit where credit is due.”

As for rumors that the Gaye children have intent to sue Williams over similarities between his huge hit “Happy” and Gaye’s “Ain’t That Peculiar,” they wrote that “is 100% false.” The letter says, “We have

INSIDE Gaye Children Pen Open Letter to ‘Set the Record Straight’ on ‘Blurred Lines’ Verdict

Nile Rodgers Calls ‘Blurred Lines’ Verdict ‘Shocking’

Adele’s ‘21’ is the U.K.’s Best-Seller of the Millennium

‘Taylor Swift Tax’ Defended by Rhode Island Governor

Insound, Online Music Retailer, Announces Closure

Janis Joplin Biopic Producers Sue to Halt Development

Drake Is Sued Over ‘Homecoming’ Film Pushback

(continued)

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[In Brief]absolutely no claim whatsoever concerning ‘Happy.’”

Read the full letter here:An Open Letter from the Children of

Marvin Gaye 3/18/15We want to extend our deepest appreciation

and gratitude for the outpouring of love and support we have received from all of our father’s fans and friends, as well as artists and industry folks who contacted us surrounding the recent events concerning his song, “Got to Give It Up.” Your kindness and encouragement gave us incredible strength and perseverance. We are so incredibly grateful for your support as well as the hard work and dedication of our amazing legal team and experts. We thank you all.

We especially want to thank our mom Jan for her belief in what we were doing all along, and for her never ending support.

We will celebrate what would have been our dad’s 76th birthday next month, and though we miss him every day — just like the many thousands of well-wishers who have expressed their heartfelt goodwill - it is through his music that we find our compass and our paths moving forward. We are his children, but we too are his fans and we hold his music dear.

It is in that spirit and on behalf of all those who Dad always considered an extended family, his fans, we take this opportunity to set the record straight on a few misconceptions echoing through some news and social media

platforms about our intentions, our plans, and the so-called ‘larger’ ramifications of this case within the music industry.

Originally released in 1977, “Got to Give It Up” became one of our dad’s most cherished hits, still a favorite at backyard barbecues, weddings, parties, on the radio, or on your iPod. As Oprah said, it is one of her “favorite party songs of all time.” The comments on social media, emails and calls we received after the verdict affirmed for us that the song continues to touch in even deeper ways, becoming part of the soundtrack to so many lives. “Got to Give It Up” is also recognized by Billboard Magazine as the fourth biggest single of the 30 charting hits our dad created during his extraordinary career.

It has been nearly 38 years since its initial release: tastes change, trends evolve, but we should all be able to agree that it’s a testament to the enduring power of “Got to Give It Up” that we have arrived at this juncture with Mr. Thicke and Mr. Williams, at all. The fact that they have openly acknowledged their respect and admiration for the song is public knowledge, and further proof of its resonance with an entirely new generation of music fans.

However, most songwriting begins with an organic approach; a songwriter brings his or her influences to the table and then works creatively from a blank slate in the crafting of their song to ensure originality and the integrity of their creation. If Mr. Thicke and

Mr. Williams had tried to create a new song and coincidentally infused “Got to Give It Up” into their work, instead of deliberately undertaking to “write a song with the same groove,” we would probably be having a different conversation.

Like most artists, they could have licensed and secured the song for appropriate usage; a simple procedure usually arranged in advance of the song’s release. This did not happen. We would have welcomed a conversation with them before the release of their work. This also did not happen.

Instead of licensing our father’s song and giving him the appropriate songwriter credit, Robin Thicke and Pharrell Williams released “Blurred Lines” and then filed a pre-emptive lawsuit against us, forcing us into court. They sought to quickly affirm that their song was “starkly different,” than “Got to Give It Up.” The Judge denied their motion for Summary Judgement, and a jury was charged with determining the “extrinsic and intrinsic similarities” of the songs. The jury has spoken.

We wanted to also make clear that the jury was not permitted to listen to the actual sound recording of “Got to Give It Up.” Our dad’s powerful vocal performance of his own song along with unique background sounds were eliminated from the trial, and the copyright infringement was based entirely on the similarity of the basic musical compositions, not on “style,” or “feel,” or “era,” or “genre.”

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His song is so iconic that its basic composition stood strong. We feel this further amplifies the soundness of the verdict.

Like all music fans, we have an added appreciation for songs that touch us in mysterious ways. Mr. Thicke and Mr. Williams certainly have a right to be inspired by “Got to Give It Up” but as the jury ruled, they did not have the right to use it without permission as a blueprint for a track they were constructing.

Great artists like our dad intentionally build their music to last, but we as the caretakers of such treasures, have an obligation to be vigilant about preserving the integrity of the music so that future generations understand its origins and feel its effect as the artist intended, and to assure that it retains its value.

We feel as many do that, our father, Marvin Gaye, is an artist for the ages. But whether we’re talking about a work created 50 years ago or a work created 50 years from now — protecting the legacy of original artistry is not a personal obligation, but a universal commitment in support of enduring creative achievement, encouraging future artists to also aim for new ground and their own legacies. That is what copyright laws help us do; they give people the incentive to write original songs and then help protect those songs.

Our dad spent his life writing music- that is his legacy to us all- he wrote from his heart and was a brilliant songwriter, arranger, producer and one-of-a-kind vocalist. If he were alive today, we feel he would embrace the technology available to artists and the diverse music choices and spaces accessible to fans who can stream a song at a moment’s notice. But we also know he would be vigilant about safeguarding the artist’s rights; a sacred devotion to not only the artist, but key in encouraging and supporting innovation. He also gave credit where credit is due.

Howard King, the attorney for Mr. Thicke and Mr. Williams stated after the verdict: “We owe it to songwriters around the world to make sure this verdict doesn’t stand. My clients know they wrote the song ‘Blurred Lines’ from their heart and souls and no other source.”

We never for a minute suggested that Mr.

Thicke and Mr. Williams’ hearts weren’t in it. But a jury of eight men and women have ruled that the source for “Blurred Lines” was the song “Got to Give It Up,” a song our dad wrote from his heart, and delivered to the world with pure joy.

With the digital age upon us, the threat of greater infringement looms for every artist. It is our wish that our dad’s legacy, and all great music, past, present, and future, be enjoyed and protected, with the knowledge that adhering to copyright standards assures our musical treasures will always be valued.

And finally, we want to put to rest any rumors that we are contemplating claims against Pharrell Williams for his song, “Happy.” This is 100% false. We have absolutely no claim whatsoever concerning “Happy.”

Love and Respect,Nona, Frankie, and Marvin III

Nile Rodgers Calls ‘Blurred Lines’ Verdict ‘Shocking’BY ASSOCIATED PRESS

Musician Nile Rodgers says it is “shock-ing” that Pharrell Williams and Robin Thicke have been found guilty of plagia-rism in the “Blurred Lines” court case, add-ing that he believed the song’s composition was not at all like Marvin Gaye’s “Got to Give it Up.”

Rodgers, of the band Chic, has worked alongside Williams in Daft Punk’s smash hit “Get Lucky.” He said Gaye’s 1977 song and Thicke’s 2013 hit “didn’t really sound alike.”

He told The Associated Press Thursday in an interview: “Compositionally, purely compositionally, I don’t think they should have lost that case.” He added: “’Got to Give it Up’ is clearly a blues structure, (‘Blurred Lines’) isn’t at all.”

Williams and Thicke have been ordered to pay $7.4 million to the Gaye family.

Adele’s ‘21’ is the U.K.’s Best-Seller of the MillenniumBY LARS BRANDLE

Adele’s 21 is the U.K.’s best-selling artist album of the millennium so far, with sales edging towards 5 million, a new survey reveals.

The British singer-songwriter’s sophomore album has outpaced Amy Winehouse’s Back to Black to lead the Top 50 Official Biggest Selling Artist Albums of the Millennium, a new list published overnight by the Official Charts Company.

Adele’s global hit spent 23 weeks at the U.K. chart summit, en route to selling 4.74 million copies there, according to the chart compiler. Not bad for a country with a population of 64 million. And it’s a particularly impressive result considering 21 and its predecessor 19 (which sits at No. 27 on the “millennium” chart) are independent projects. 21 was released in 2011 through the XL Recordings label, an affiliate of Martin Mills’ Beggars Group (Adele’s albums are released in the U.S.via Columbia Records through a joint venture with XL). //

READ THE REST

‘Taylor Swift Tax’ Defended by Rhode Island GovernorBY ASSOCIATED PRESS

The governor of Rhode Island is defending a proposed luxury tax for pricey second homes that has been dubbed the “Taylor Swift tax.”

[In Brief]

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Gov. Gina Raimondo says she wants to raise nearly $12 million by implementing a statewide property tax on second homes worth more than $1 million.

Grammy winner Swift has a beachfront mansion in Westerly, R.I.

Raimondo says the tax policies she proposed in her budget will create jobs. She is seeking to eliminate a $190 million deficit while implementing no new broad-based tax changes.

The Rhode Island Association of Realtors says the tax could discourage future buyers from purchasing vacation homes in Rhode Island.

Raimondo says she doesn’t think it will impact buyers’ decisions. She says Newport is still a bargain compared with Nantucket, Mass.

Insound, Online Music Retailer, Announces ClosureBY HARLEY BROWN

Insound, a long-running online vinyl and audio equipment retailer founded in 1998, has announced that it will close on Mar. 31.

After 16 years of slinging vinyl, we are sad to say that due to corporate cost-cutting measures, we’ll be closing at the end of the month.

— Insound (@Insound) March 19, 2015“Insound as a brand was obviously

very well-liked, but it was a pretty small company,” says a music industry source. “Three people worked there. At the end of the day, it’s a vinyl and merchandise retailer, and you can surmise from that that those small online destinations that sell music, they aren’t always commercially viable. It’s an unfortunate thing.”

He added, “It’s one of those things those companies in a certain community brand recognition, but that doesn’t mean people were buying a lot of products from it.”

Shortly after Insound’s tweet, Warner Music Group, which acquired the company in 2008, confirmed its closure to Billboard. WMG added that anyone who has purchased items via pre-order or otherwise will still receive their shipment.

READ THE REST

Janis Joplin Biopic Producers Sue to Halt DevelopmentBY AUSTIN SIEGEMUND-BROKA, THE HOLLYWOOD REPORTER

The Janis Joplin biopic set to star Amy Adams has been in development for years. Now a new lawsuit aims to stop that devel-opment, at least temporarily.

LKL Productions and Swiss production company Silver Reel have sued writer-producer Ron Terry, his affiliated companies Morace and Get It While You Can, and a lending firm that invested in the film, claiming they’ve breached their option agreement for the script about the hard-living rock and roll queen.

They claim they paid $117,000 for the exclusive rights in August 2014 to the script Get It While You Can, which Terry wrote with his wife Teresa Kounin-Terry.

But there was a catch, they claim in the complaint filed Wednesday in Los Angeles Superior Court. The option agreement was contingent on the restructuring of $1.7 million in loans made to Terry by the investment company Chesterton Capital.

READ THE REST

Drake Is Sued Over ‘Homecoming’ Film PushbackBY KATIE ATKINSON

After publicly disowning Drake’s Homecom-ing: The Lost Footage on Twitter, Drake was sued Wednesday (March 18) by Specti-Cast, the company distributing the film, a spokeswoman confirmed to Billboard.

Drake took to Twitter on Monday to let fans know that he doesn’t support the film, which will be released in theaters for one night only on Thursday.

The film features a 23-year-old Drake performing at Toronto’s Sound Academy in 2009. The Los Angeles Times reported earlier this week that Drake agreed to let the concert be filmed back in ‘09 and was paid $15,000 and promised a 15% royalty if the footage was ever used. One of the film’s co-executive producers, Mark Berry, told The Times he thinks Drake is lashing out at the film because he thinks he deserves a larger cut.

“This film is a concert film showing Drake’s sold-out performance in 2009,” SpectiCast attorney Peter Haviland said in a statement to Billboard. “Drake authorized the filming, he was paid for it, he still has a financial stake in the movie, and his current statements to the contrary are completely false. SpectiCast is a respected distributor. As we state in our complaint, Drake’s actions are libelous, malicious and damaging to those who worked hard and honorably to get this movie out.”

The lawsuit is seeking damages and a declaration from the court confirming that the film’s release was authorized.

A rep for Drake hadn’t responded to Billboard’s request for comment at press time.

[In Brief]

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Bill to Provide Producers, Mixers and Engineers Digital Royalties Introduced in the HouseBY ANDREW FLANAGAN

Another piece of legislation looking to dis-tribute the money made from recordings has hit the Hill. Less than a month after the Songwriter Equity Act was re-intro-duced and nearly a month after the Local Radio Fairness Act’s introduction, Rep. Joe Crowley (D-NY) and Rep. Tom Rooney (R-FL) have put forth the Allocation for Music Producers Act (AMP, H.R. 1457), meant to create a statutory framework for producers, mixers and engineers to gain partial royalty rights to the songs they work on. READ THE REST

YouTube Previews New Data Tool at SXSWBY GLENN PEOPLES, AUSTIN

YouTube’s sleek SXSW space is playing host to The War On Drugs, The Weeknd and a cadre of other musicians on Wednesday and Thursday. It also gives YouTube an opportunity to promote its new artist initia-tive, YouTube For Artists.

A bank of video screens near the entrance looks like an art installation but is really a demonstration of the upcoming data tool built into YouTube For Artists, the website launched last week that’s meant to help musicians, labels, managers and promoters better use the platform.

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Watch a Deutsche Bank Strategist Shine Bright Performing Rihanna’s ‘Diamonds’BY MARC SCHNEIDER

Most of the time Jim Reid is busy being an oft-quoted credit strategist at Deutsche Bank, but since last summer he’s been getting serious about learning another skill: the piano. Business Insider has discovered a video of the respected analyst shining bright as he plays (and sings!) a Rihan-na classic. “Is everyone ready for Rihanna? I know I am,” he deadpans before launch-ing into a rendition of the 2012 hit “Dia-monds.”

Amazingly, Reid only started learning the piano last summer and you can tell he’s got a sense of humor about it all. Watch “Diamonds” below and keep an eye out for Reid’s awesome head-whip at the end.

It’s been an adventurous year-or-so for Reid. He dabbled in paragliding for the first time, rode 100 miles on a bike, and just four months after he started tickling the ivories, performed a min-recital in Amsterdam. He played The Beatles’ “Let It Be” along with an original composition:

My first piano gig after 4 months of learning. http://t.co/jooRp32krp

— Jim Reid (@JimReid35) November 30, 2014

Charlie Wilson Leads Hot Tours With Winter TrekBY BOB ALLEN 

Charlie Wilson leads the pack of touring artists on the weekly Hot Tours roundup (see list, below) with ticket sales report-ed from his winter trek in support of the album Forever Charlie, released in January. The R&B veteran earns the No. 1 ranking with $9.9 million in sales reported from 17 performances on his 28-city U.S. trek. Chicago-area fans produced the ongoing tour’s highest gross and attendance counts so far at the United Center on Feb. 28. With a sellout crowd of 13,420, the Chi-Town arena logged $909,376 in revenue from tickets ranging from $45 to a top price of $100. READ THE REST

Madonna Vaults Onto Billboard Artist 100 at No. 7, Taylor Swift Still No. 1BY GARY TRUST

Madonna bursts onto the Billboard Artist 100 chart at No. 7, fueled by sales of her new album Rebel Heart. Meanwhile, Taylor Swift holds at No. 1, logging a record-ex-tending 19th week at the summit.

The Artist 100 is the first weekly survey dedicated to measuring artist activity across Billboard’s most influential charts, including the Billboard Hot 100 songs chart, Top Album Sales and the Social 50. The Artist 100 blends data measur-ing album and track sales, radio airplay,

[In Brief]

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streaming and social media fan interaction to provide a weekly multi-dimensional ranking of artist popularity. READ THE REST

One Direction’s Zayn Malik & Louis Tomlinson Asked to Pay Philippines ‘Weed Bond’BY ASSOCIATED PRESS

The Philippine Bureau of Immigration is requiring two members of One Direction to post bonds worth nearly $5,000 each, to be forfeited if they are caught using or impliedly promoting illegal drugs while in Manila for their concert this weekend.

Zayn Malik and Louis Tomlinson are required to post 200,000 pesos ($4,470) bond and 20,000 pesos ($447) processing fee each through their concert producer for their special work permits, the agency’s spokeswoman Elaine Tan said Thursday.

READ THE REST

Zayn Malik Exits One Direction Tour Due to ‘Stress’BY ERIN STRECKER

Zayn Malik is taking some time away from One Direction.

Malik is headed back to the U.K. to deal with stress, and One Direction will perform their next few concert dates without him.

“Zayn has been signed off with stress and is flying back to the U.K. to recuperate,” a rep for the band tells Billboard. “The band wish him well and will continue with their performances in

Manila and Jakarta.” The news comes after tabloids showed

pics of Malik with a girl that wasn’t his fiancee. While Malik has denied any wrongdoing, it is possible the negative attention is weighing on him.

The U.K’s Mirror reports that Malik hopes to rejoin the band on tour for their South Africa date on March 28; currently, none of the band members have given any individual statements on Twitter.

Luke Bryan Makes Chart History, Taylor Swift Sparks Kelsea Ballerini DebutBY GARY TRUST

Luke Bryan becomes the first artist ever to log simultaneous top-five debuts on Billboard’s Top Country Albums chart, as Spring Break... Checkin’ Out launches at No. 1 and Spring Break... The Set List: The Complete Spring Break Collection ZinePak ar-rives at No. 5. The sets start with 89,000 and 6,000 copies sold in the week ending March 15, according to Nielsen Music. READ THE REST

Damian Marley’s Welcome to Jamrock Cruise Doubles Up for 2015, Announces LineupBY PATRICIA MESCHINO

Among his many roles as host and co-pro-ducer of the 2014’s inaugural Welcome to Jamrock Reggae Cruise (Oct. 20-25), Dami-an Marley warmly greeted passengers from the main stage during the late afternoon sail-away party, just prior to setting the bar for the trip with a blistering performance. Over the subsequent three nights, Marley made guest appearances during sever-al artists’ sets and graciously posed for countless photos with fans and industry colleagues.

Due to popular demand, two Welcome to Jamrock cruises will sail from the Port of Miami to Jamaica this year — Nov. 30 through Dec. 5, and Dec. 5 through Dec. 10. “We were almost sold out for 2015 without doing anything, so we made the decision to put on two cruises,” says Dan Dalton. “As of mid-March, both ships are 85% sold out, and we will be entirely sold out months in front of the cruise. Our only advertising is the few thousand dollars spent on boosting Facebook posts.”

READ THE REST

[In Brief]

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Yahoo Is Shuttering Its China OfficeBY GEORGE SZALAI, THE HOLLYWOOD REPORTER

Yahoo is closing its office in China, elimi-nating 200-300 jobs, Bloomberg News re-ported. It cited a statement that said Yahoo has told staff based in Beijing that it would close the operation. Bloomberg also cited a source as saying 200-300 employees are working there. Some functions are expect-ed to be shifted to the online company’s U.S. operation. READ THE REST

[In Brief]

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BY

The album hits a half-million in sales (509,000 total; 19,000 in the week ending March 8), marking the first debut set to cross the threshold since the week ending Oct. 19, 2014, when 5 Seconds of Summer reached the milestone.

The 2001 release hits its highest chart position thanks to a 99-cent deal at Google Play, surpassing its initial peak of No. 44 upon its release. It re-enters the chart with nearly 22,000 copies sold (up 2,795 percent).

Wilson debuts with his highest-charting album, bowing with 12,000 units. It trumps the No. 57 debut and peak of his last release, 2013’s The Raven That Refused to Sing and Other Stories.

An iTunes hip-hop music sale aids the album’s 243 percent sales gain, while 99-cent pricing at Google Play lifts Beck (No. 19, up 243 percent) and Drake (No. 29, up 1,366 percent).