Too close for comfort? Pharrell and Robin Thicke vs. Marvin Gaye

On Tuesday, a jury awarded almost $7.4 million dollars to Marvin Gaye's family after it found Robin Thicke and Pharrell Williams guilty of copyright infringement. As many of you are aware, Glenn used to be a disc jockey and knows a lot about music. This morning on radio, Glenn, Pat, and Stu decided to tackle the case themselves, listening to the different songs. One of Glenn's biggest arguments while listening to the songs was that while the production value was the same, the notes might not be. He said, "This is production value. Does it sound in the ear like that? Well, yes, but I can do a lot of things that sound like that, but it's not. The standard is, put the notes on paper."

In this case, it appears the jury disagreed with Glenn, Pat, Stu, and myself, awarding Marvin Gaye's family the almost $7.4 million. Why do you wonder is this case important to my life? Well, if the case was won based off of general production sound versus the actual plagarism of notes it could change the music industry. Any artist who was inspired by previous artists could inevitably get sued for having music that "sounds like" someone else's music. And honestly, with only so many chords, notes, keys, and rhythms available this could become a mess in the court system.

Stu hit the nail on the head when he mentioned how one cannot copyright a smell, "It's hard to quantify what it is. If it makes you feel that way, it smells kind of like that, it sounds kind of like that song. That's not a standard. That's not a legal standard to award $7.4 million to his family. I think this is wrong."

Hear what Glenn, Pat, and Stu have to say and then make your own decision. Do you think the songs are too close for comfort?

Rough Transcript Below:

GLENN: Right. Very similar in style. When you listen to it and you say, wow, that sounds like Marvin Gaye. It's because, listen to the -- play the new song. Pharrell.

PAT: Yeah, the "Blurred Lines"?

GLENN: Yeah. Pharrell. Whatever. The beat. And the strong bass line. And the people going by. Hey, hey, hey. Okay. Yes, that does sound like Marvin Gaye, but it's more production value than notes.

STU: Right.

[Music playing]

GLENN: Listen to this. Play that again. Play that again. Play it from the beginning. Okay, so I could say, listen to this, doesn't this sound like -- this sounds like Marvin Gaye. Right?

Now, listen to when they start singing.

PAT: Okay.

[Music playing]

GLENN: Oh, my gosh. They're ripping Prince off.

PAT: It does sound like Prince.

GLENN: So why can't Prince sue and say that sounds like a Prince song?

STU: That's ridiculous to me. You can't do that. It's supposed to be a mechanical measure of music that you can look at on a piece of paper. We've produced original music before. And I've sat in hours and hours with music rights attorneys trying to figure out if A is okay. B is okay. They bring in experts and look at sheet music.

GLENN: They don't listen. This is production value.

STU: Yeah.

GLENN: That's what this is. This is production value. Does it sound in the ear like that? Well, yes, but I can do a lot of things that sound like that, but it's not. The standard is, put the notes on paper. Are they -- and I don't remember what it is. But it's like X-number of notes for so many measures. And if there's X-number of notes that are similar in the first three -- in three measures, then, you know, you're -- you're nailed. Something like that.

STU: Yeah. This is why they say you can't copyright a smell for like a scent if you're doing a perfume. You can't copyright a smell. There's so many smell-alike perfumes out there. A smell. It's hard to quantify what it is. If it makes you feel that way, it smells kind of like that, it sounds kind of like that song. That's not a standard. That's not a legal standard to award $7.4 million to his family. I think this is wrong.

GLENN: I think it's wrong.

PAT: And hopefully they'll lose on appeal. Because this will screw things up if it happens.

GLENN: I'd like to line up the sheet music. I haven't seen it. If the sheet music, if it is indeed, sheet music-wise, if it's the same, well, then you have something.

PAT: Isn't the rule where, the structure figures into it too, but can't you do six notes that are similar, but you have to change the seventh? That's not exact.

GLENN: Something like that.

STU: I believe that was the Vanilla Ice defense that you're describing. Which is, he used to say that it was -- the David Bowie song. Yeah.

PAT: Yeah, it was Queen. David Bowie.

STU: But he said mine is (sound effect). Like, he added one little bass. It's not the same. They don't go that technical. Like, they don't get you on little tiny technicalities like that. When it's a general vibe of a song that sounds pretty similar, I mean, that's not supposed to be millions of dollars. A lot of people recorded a lot of freaking songs.

GLENN: But what's amazing, I was playing Rachmaninoff, and Pat came in the other day, and he's like, what? And he had forgotten that that was the basis of --

PAT: Oh, yeah. Eric Carmen's song. "All by Myself."

GLENN: All by myself [singing] is Rachmaninoff.

STU: Oh, really?

GLENN: Yeah, if I played -- I don't know if I can get sued for playing Rachmaninoff.

PAT: But he licensed it.

GLENN: It said at the bottom parenthetically from Rachmaninoff.

So I'm listening to this. This is classical piano music. The third or fifth piano concerto from Rachmaninoff. I'm listening to it. And he walks in and says, this is Eric Carmen. And I'm like, yeah, it's actually Rachmaninoff, but, yes. And that one sounds exact. It is exact. He actually took that from Rachmaninoff and made a popular song out of it. There's something to be said for -- I mean, how many combinations of notes are there? Something is always going to sound like --

STU: And remember a lot of the combinations of notes don't sound good. The chords. Like there's a certain amount of -- it makes this stuff ridiculous. And it's like -- and the rules are so bizarre. It's like weird Al can do exact to the note parodies because he's covered under parody law which is different from what they're doing. If they were singing that song and making fun of something, they could theoretically be covered.

GLENN: Theoretically.

Everything comes down to the two Senate runoffs in Georgia. If we lose both races, we lose the country. Democrats know this and are pouring in millions to usher in a Marxist agenda.

As the Left tries to hide how radical the two candidates really are, Glenn takes us inside the Democrat war room to expose the wolf in pastor's clothing, Raphael Warnock, and America's Justin Trudeau, Jon Ossoff. Socialism, the Green New Deal, and "defund the police" are all on the table. And Glenn warns of what's to come if conservatives don't activate: Chuck Schumer will weaponize the Senate, and the radical Left will launch an all-out assault to ravage the Constitution.

Watch the full special below:

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Sen. Ted Cruz (R-Texas) joined the "Glenn Beck Radio Program" to explain how mail-in ballots are typically disqualified during recounts at a far higher rate than in-person, Election Day ballots, and why this is "good news" for President Donald Trump's legal battle over the election.

"One of the things that gives the greatest cause for optimism is, this election ... there's a pretty marked disparity in terms of how the votes were distributed. On Election Day, with in-person voting, Donald Trump won a significant majority of the votes cast on in-person voting on Election Day. Of mail-in voting, Joe Biden won a significant majority of the votes cast early on mail-in voting," Cruz explained.

"Now, here's the good news: If you look historically to recounts, if you look historically to election litigation, the votes cast in person on Election Day tend to stand. It's sort of hard to screw that up. Those votes are generally legal, and they're not set aside. Mail-in votes historically have a much higher rate of rejection … when they're examined, there are a whole series of legal requirements that vary state by state, but mail-in votes consistently have a higher rate of rejection, which suggests that as these votes begin being examined and subjected to scrutiny, that you're going to see Joe Biden's vote tallies go down. That's a good thing," he added. "The challenge is, for President Trump to prevail, he's got to run the table. He's got to win, not just in one state but in several states. That makes it a lot harder to prevail in the litigation. I hope that he does so, but it is a real challenge and we shouldn't try to convince ourselves otherwise."

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Fox News senior meteorologist Janice Dean is perhaps even more disgusted with New York Gov. Andrew Cuomo (D) for his coronavirus response than BlazeTV's Stu Burguiere (read what Stu has to say on the subject here), and for a good reason.

She lost both of her in-laws to COVID-19 in New York's nursing homes after Gov. Cuomo's infamous nursing home mandate, which Cuomo has since had scrubbed from the state's website and blamed everyone from the New York Post to nursing care workers to (every leftist's favorite scapegoat) President Donald Trump.

Janice joined Glenn and Stu on the "Glenn Beck Radio Program" Tuesday to ask why mainstream media is not holding Gov. Cuomo — who recently published a book about his leadership during the COVID-19 pandemic — accountable?

"I'm vocal because I have not seen the mainstream media ask these questions or demand accountability of their leaders. [Cuomo] really has been ruling with an iron fist, and every time he does get asked a question, he blames everybody else except the person that signed that order," Janice said.

"In my mind, he's profiting off the over 30 thousand New Yorkers, including my in-laws, that died by publishing a book on 'leadership' of New York," she added. "His order has helped kill thousands of relatives of New York state. And this is not political, Glenn. This is not about Republican or Democrat. My in-laws were registered Democrats. This is not about politics. This is about accountability for something that went wrong, and it's because of your [Cuomo's] leadership that we're put into this situation."

Watch the video excerpt from the show below:

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As America grows divided and afraid to disagree with the Democrats' woke plan for America, Megyn Kelly is ready to fight back for the truth. For nearly two decades, she navigated the volatile and broken world of the media. But as America leans on independent voices more than ever, she's breaking new ground with "The Megyn Kelly Show."

She joined the latest Glenn Beck Podcast to break down what's coming next after the election: Black Lives Matter is mainstream, leftists are making lists of Trump supporters, and the Hunter Biden scandal is on the back burner.

Megyn and Glenn reminisce about their cable news days (including her infamous run-in with then-presidential candidate Donald Trump) and to look into the chaotic and shady world of journalism and the growing entitlement it's bred. For example, many conservatives have been shocked by how Fox News handled the election.

Megyn defended Fox News, saying she believes Fox News' mission "is a good one," but also didn't hold back on hosts like Neil Cavuto, who cut off a White House briefing to fact check it — something she never would have done, even while covering President Obama.

Megyn also shared this insightful takeaway from her time at NBC: "Jane Fonda was an ass."

Watch the full podcast here:

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