In 2016, Ronson and Mars were sued for copyright infringement by Minneapolis funk band Collage, which claimed the couple`s 2014 song was “an obvious, flashy and/or substantially similar copy” of their 1983 single “Young Girls” (both tracks can be heard below). Unsurprisingly, the plaintiffs` complaint suggests they are aware of the recent “Blurred Lines” trial, testimony about Pharrell and Robin Thicke`s desire to create a tribute to Marvin Gaye`s “Got to Give It Up,” and the potential impact of Pharrell and Thicke`s testimony on the jury`s verdict. Here, the plaintiffs` lawsuit points out that Ronson and Mars “openly admitted” that “Uptown Funk” is “heavily influenced” by Minneapolis` early 1980s electric soul funk, presumably alluding to the damaging testimony in “Blurred Lines.” This should not need to be said, but after the misguided “Blurred Lines” decision (currently under appeal), it must be reiterated that “gender” is not subject to copyright protection. See 17 U.S.C. 102(b). Being influenced by a style or genre, even if it is “heavily influenced,” is not a violation of U.S. copyright law. And, of course, pleadings are not evidence. In this lawsuit, plaintiffs must support their allegations of alleged “strong influence” of the defendant with admissible evidence.
Pair was sued for copyright infringement by a Minneapolis funk band Even more troubling, and in what now appears to be a common advocacy practice in these areas, is the complete absence of any substantive analysis of how “Uptown Funk” violates “Young Girls.” The complaint simply states that “many of the instrumental attributes and key themes of `Uptown Funk` were intentionally and unambiguously copied from `Young Girls,` including, but not limited to, the distinctly funky, specially notated and timed guitar riffs present in the compositions, virtually, if not identical, bass notes and sequences, the rhythm, structure, crescendo of brass and synthesizers, making the compositions almost indistinguishable when played on top of each other and strikingly similar when played one after the other. According to TMZ, Collage added that Mars and Ronson admitted in interviews that they were inspired by the Minneapolis and electro-funk scenes of the eighties, which included collage. Collage claims unspecified damages and profits. Taken together, these two works illustrate the reality that the nature of popular music and the desire for commercial success lead to a necessarily limited musical vocabulary that shrinks further according to genres. Two electro-funk melodies from Minneapolis in the same key and tempo will have elements in common, period. The result is two musical works that can seem similar when heard casually. Bruno Mars and Mark Ronson are facing a copyright lawsuit claiming that their hit “Uptown Funk” is heavily derived from the 1983 funk band Collage`s single “Young Girls.” The Gap Band also claimed their melody “Oops! Flip your head upside down. Gap Band publisher Music Minder claimed that “Uptown Funk” violated The Gap Band`s 1979 hit.
The case never went to court, but the result of the negotiations was five more writers who were added to the credits of “Uptown Funk.” Although the two works are generally musically different, there is no doubt that there is a distinct similarity in one element of the two works – the rhythmic treatment of the vocal choruses “(say) oops upside your head” and “uptown funk you up”, both of which are key elements in the respective works. Shortened to October 28, 2016. In the U.S. District Court for the Central District of California, the only surviving member Larry White, the estates of two deceased members, Grady Wilkins and Lee Peters, and the publisher of the 1980s “Elektro-Funk” band, Collage, filed a lawsuit against the six original authors and the necessary record and publishing companies of “Uptown Funk.” alleging that “Uptown Funk” infringed the copyright of Collage`s 1983 work “Young Girls.” As for the other compositional elements, it is very difficult to create a funk groove in the key of D without using the notes of the root chord in the bass line – both works will necessarily use the same notes.
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