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Lawyer for Singers: ‘Blurred Lines’ Copyright Fight Not Over

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In this Sunday, June 28, 2015 file photo, Robin Thicke performs during a tribute to Smokey Robinson at the BET Awards at the Microsoft Theater in Los Angeles. A federal judge in Los Angeles on Tuesday, July 14, 2015, trimmed a copyright infringement verdict against Thicke and Pharrell Williams over their 2013 hit "Blurred Lines" from nearly $7.4 million to $5.3 million. The ruling also gives Marvin Gaye's family, which sued the singers over the song, an ongoing shared of royalties from "Blurred Lines."  (Photo by Chris Pizzello/Invision/AP, File)

In this Sunday, June 28, 2015 file photo, Robin Thicke performs during a tribute to Smokey Robinson at the BET Awards at the Microsoft Theater in Los Angeles. A federal judge in Los Angeles on Tuesday, July 14, 2015, trimmed a copyright infringement verdict against Thicke and Pharrell Williams over their 2013 hit “Blurred Lines” from nearly $7.4 million to $5.3 million. The ruling also gives Marvin Gaye’s family, which sued the singers over the song, an ongoing shared of royalties from “Blurred Lines.” (Photo by Chris Pizzello/Invision/AP, File)

ANTHONY McCARTNEY, AP Entertainment Writer

LOS ANGELES (AP) — A ruling upholding a copyright infringement verdict against Pharrell Williams, Robin Thicke and rapper T.I. over their hit song “Blurred Lines” will be appealed, a lawyer for the entertainers said.

Attorney Howard King wrote in a statement late Tuesday that the musicians independently created “Blurred Lines,” which was 2013’s biggest hit song. The men had been sued by Marvin Gaye’s children over the song, claiming it copied their father’s 1977 hit, “Got to Give It Up.”

A jury agreed in March and awarded the family nearly $7.4 million, but U.S. District Judge John Kronstadt trimmed the verdict to $5.3 million on Tuesday. He also ruled that Gaye’s family should receive future royalties from “Blurred Lines.”

Jurors found that T.I., who received songwriting credit and a share of the royalties, did not commit copyright infringement, but Kronstadt ruled Tuesday that other elements of the jury’s verdict mean the rapper must be included in the judgment.

“Pharrell, Robin and T.I. independently created every note and lyric of ‘Blurred Lines,'” King wrote. “We look forward to ultimately obtaining appellate confirmation that no one can own a genre or a groove and that composers can be free to be inspired by the works of those creators that came before them.”

Williams is a 10-time Grammy Award winner whose songs that he’s either performed or produced have sold more than 100 million copies worldwide. His hit “Happy” has helped make him a household name, as has his work as a judge on NBC’s singing competition show, “The Voice.”

Williams contended during the trial that he was only trying to mimic the “feel” of Gaye’s late 1970s music and insisted he did not use elements of his idol’s work.

“Mr. Thicke and Williams, and their legal team, among others, went on a public relations campaign after the jury’s verdict criticizing the verdict and saying the evidence did not support the finding of copyright infringement, and did not believe the decision on liability would therefore stand,” the Gaye family’s attorney, Richard Busch, wrote in a statement after Tuesday’s ruling. “The judge who actually heard all of the evidence disagreed. I am thrilled for the Gaye family, and the thoughtful members of the jury, who had to listen to all of that while remaining silent.”

Busch said he and his team were reviewing the ruling and would discuss options for how the reduction in the verdict would be handled.

___

Anthony McCartney can be reached at http://twitter.com/mccartneyAP

Copyright 2015 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

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Arts and Culture

In ‘Affrilachia: Testimonies,’ Puts Blacks in Appalacia on the Map

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Author Chris Aluka. Photo courtesy of Chris Aluka.
Author Chris Aluka. Photo courtesy of Chris Aluka.

By Terri Schlichenmeyer
The Bookworm Sez

An average oak tree is bigger around than two people together can reach.

That mighty tree starts out with an acorn the size of a nickel, ultimately growing to some 80 feet tall, with a canopy of a hundred feet or more across.

And like the new book, “Affrilachia” by Chris Aluka Berry (with Kelly Elaine Navies and Maia A. Surdam), its roots spread wide and wider.

Affriclachia is a term a Kentucky poet coined in the 1990s referring to the Black communities in Appalachia who are similarly referred to as Affrilachians.

In 2016, “on a foggy Sunday morning in March,” Berry visited Affrilachia for the first time by going the Mount Zion AME Zion Church in Cullowhee, North Carolina. The congregation was tiny; just a handful of people were there that day, but a pair of siblings stood out to him.

According to Berry, Ann Rogers and Mae Louise Allen lived on opposite sides of town, and neither had a driver’s license. He surmised that church was the only time the elderly sisters were together then, but their devotion to one another was clear.

As the service ended, he asked Allen if he could visit her. Was she willing to talk about her life in the Appalachians, her parents, her town?

She was, and arrangements were made, but before Barry could get back to Cullowhee, he learned that Allen had died. Saddened, he wondered how many stories are lost each day in mountain communities where African Americans have lived for more than a century.

“I couldn’t make photographs of the past,” he says, “but I could document the people and places living now.”

In doing so he also offers photographs that he collected from people he met in ‘Affrilachia,’ in North Carolina, Georgia, Kentucky, and Tennessee, at a rustic “camp” that was likely created by enslaved people, at churches, and in modest houses along highways.

The people he interviewed recalled family tales and community stories of support, hardship, and home.

Says coauthor Navies, “These images shout without making a sound.”

If it’s true what they say about a picture being worth 1,000 words, then “Affrilachia,” as packed with photos as it is, is worth a million.

With that in mind, there’s not a lot of narrative inside this book, just a few poems, a small number of very brief interviews, a handful of memories passed down, and some background stories from author Berry and his co-authors. The tales are interesting but scant.

For most readers, though, that lack of narrative isn’t going to matter much. The photographs are the reason why you’d have this book.

Here are pictures of life as it was 50 years or a century ago: group photos, pictures taken of proud moments, worn pews, and happy children. Some of the modern pictures may make you wonder why they’re included, but they set a tone and tell a tale.

This is the kind of book you’ll take off the shelf, and notice something different every time you do. “Affrilachia” doesn’t contain a lot of words, but it’s a good choice when it’s time to branch out in your reading.

“Affrilachia: Testimonies,” by Chris Aluka Berry with Kelly Elaine Navies and Maia A. Surdam

c.2024, University of Kentucky Press, $50.00.

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Oakland Post: Week of December 18 – 24, 2024

The printed Weekly Edition of the Oakland Post: Week of December 18 – 24, 2024

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Arts and Culture

Promise Marks Performs Songs of Etta James in One-Woman Show, “A Sunday Kind of Love” at the Black Repertory Theater in Berkeley

“The (show) is a fictional story about a character named Etta, aka Lady Peaches,” said Marks. “She falls in love with Johnny Rhythm, leader of the Rhythm Players Band and headliners of Madam G’s Glitta Lounge.” Marks channeled the essence of Etta James, singing favorites such as “Sugar on the Floor” and “At Last.”

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Photo Courtesy Of Promise Marks.
Photo Courtesy Of Promise Marks.

Special to the Post

It was “A Sunday Kind of Love” at the Black Repertory Group Theater in Berkeley on Saturday night, Dec. 7. The one-woman musical based on the music of Etta James featured the multi-talented singer Promise Marks

Marks, who wrote and directed the musical, also owns PM Productions.

“The (show) is a fictional story about a character named Etta, aka Lady Peaches,” said Marks. “She falls in love with Johnny Rhythm, leader of the Rhythm Players Band and headliners of Madam G’s Glitta Lounge.”

Marks channeled the essence of Etta James, singing favorites such as “Sugar on the Floor” and “At Last.”

In between her soulful songs, Marks narrated impactful moments of the love story and journey of blues and forgiveness.

Marks sultry voice carried the audience back to an era that echoed with the power of Black music and a time of great change.

Marks said James shared love for the Black community by singing at gatherings during the Civil Rights Movement uplifting the people.

“She spoke to the movement, spoke to the people, and let her music speak for itself,” Marks said.

Backing the musical’s monologues, images and videos of Etta James are projected for the audience to view. While the production is fictional, Marks infused script with the unfairness and heartbreak James experienced while performing.

Marks performed gospel artist Donnie McClurkin’s “We Fall Down” as she narrated acts of reconciliation and forgiveness among the characters at Johnny Rhythm’s deathbed.

Marks, who regularly sings for the Miss America Pageant, was asked to perform as Etta James last year. “(At the event) a lady yelled out to me: ‘You’re Etta James!’ And then the audience went crazy. I said to myself, ‘I may have something here,’” she said.

Within 12 months, Marks created the musical production, which featured a dozen songs honoring “the great legacy of Etta James,” she said.

Marks says she was saddened to see how Etta James was often judged by the struggles in her life and wanted to offer attendees a more layered view.

“Etta’s life was so big. I want people to know that she was more than her drug addiction,” said Marks. “We can’t make that her legacy. Her catalog is too amazing. You can’t just be that and have the catalog that she (created). I don’t want the addiction to be the focus: I want her music, her element, her sassiness, and what she brought to be the focus – her woman-ness, that she was strong, and I wanted to honor that.”

Set Designer Nora Burnette says she created the set segments to mirror James’ life story. A set designer for BRG since 2016, she explained that her process of researching the scenario and the character serve as her inspiration for her design.

“I try to design a set as close to real life as possible so that the actress can deliver the performance sincerely,” said Burnette. “By creating the right setting, it helps the actors release the true essence of a character.”

The set brought the story to life and absolutely floored Marks. “Once Promise (Marks) saw the actual set, she understood my vision: ‘Wow, you get me. You get it,'” Marks told the designer.

Born Jamesetta Hawkins, Etta James, began her career in 1954 and gained fame with hits such “At Last” and “I’d Rather Go Blind.” She faced a number of personal problems, before making a musical comeback in the late 1980s with the album “Seven Year Itch.”

Co-producer and BRG Development Director, Sean Vaughn Scott, works with Overseer Production. According to producer Pamela Spikes, “Marks talent truly does Etta’s life story justice.”

Pam Jacobs of Hercules, a friend of Marks’ mom, Jackie Smith, said, Marks “was fabulous and sang all of those songs flawlessly.”

“I’m so proud of my daughter,” said Smith.

Marks, who has served as an instructor for BRG, will return on Feb. 21- 23 for an encore run of the musical.

“It’s an honor to be a part of the BRG (Black Repertory Group) family and continue our executive director Dr. Mona Vaughn Scott’s vision for the Black Repertory Group theater,” said Marks.

The Black Repertory Group Theatre is located at 3201 Adeline St., Berkeley, CA 94703. For information, visit: BlackRepertoryGroup.com

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