Last week, Gaye's family filed summary motion papers and also lodged an audio mash-up of the two songs in an effort to win the case. A good portion of the court documents were designated as confidential, but after some back-and-forth between the parties, a judge has ordered that transcripts of the celebrities' depositions shouldn't be sealed. The Hollywood Reporter has obtained copies of the sensational testimony.
Thicke and Williams gave their depositions this past April, and they were both incredibly hostile.
For example, when Richard Busch, attorney for the Gayes, attempted to play the mash-up for Thicke's ears, the singer begged him to stop. "It's so hard to listen to it," said Thicke, referencing a clash between major and minor chords. "It's like nails on a f—ing chalkboard... This is [like] Stanley Kubrick's movie Clockwork Orange. Where he has to sit there and watch... Mozart would be rolling in his grave right now."
The deposition turns even more strange once Thicke is forced to explain his many statements to the media about how Gaye has inspired him. For example, he once told GQ Magazine, "Pharrell and I were in the studio and I told him that one of my favorite songs of all time was Marvin Gaye's 'Got to Give It Up.' I was like, 'Damn, we should make something like that, something with that groove.' Then he started playing a little something and we literally wrote the song in about a half hour and recorded it."
But that's not actually what happened, Thicke now admits.
The singer says under oath that after writing and producing six albums himself, "I was jealous and I wanted some of the credit... I tried to take credit for it later because (Williams) wrote the whole thing pretty much by himself and I was envious of that."
Thicke soon gets more specific:
"Q: Were you present during the creation of 'Blurred Lines'?
Thicke: I was present. Obviously, I sang it. I had to be there.
Q: When the rhythm track was being created, were you there with Pharrell?
Thicke: To be honest, that's the only part where — I was high on vicodin and alcohol when I showed up at the studio. So my recollection is when we made the song, I thought I wanted — I — I wanted to be more involved than I actually was by the time, nine months later, it became a huge hit and I wanted credit. So I started kind of convincing myself that I was a little more part of it than I was and I — because I didn't want him — I wanted some credit for this big hit. But the reality is, is that Pharrell had the beat and he wrote almost every single part of the song."
Thicke says he was just "lucky enough to be in the room" when Williams wrote the song. Afterwards, he gave interviews to outlets like Billboard where he repeated the false origin story surrounding "Blurred Lines" because he says he "thought it would help sell records." But he also states he hardly remembers his specific media comments because he "had a drug and alcohol problem for the year" and "didn't do a sober interview." In fact, when he appeared on Oprah Winfrey's show with his young son and talked about how weird it was to be in the midst of a legal battle with the family of a legendary soul singer who "inspires almost half of my music," Thicke admits he was drunk and taking Norco -- "which is like two Vicodin in one pill," he says.
Despite having limited input in the creation of "Blurred Lines," Thicke was given a co-writer credit, which he says entitles him to about 18-22 percent of publishing royalties. Why would Williams be so generous?
"This is what happens every day in our industry," said Williams during his own deposition. "You know, people are made to look like they have much more authorship in the situation than they actually do. So that's where the embellishment comes in."
Williams' own testimony also got off to a belligerent start. At one point during the examination, Williams says he can read music, but then is shown a transcription of a song, and asked to identify notes and durations. "I'm not comfortable," Williams responds eight times as Busch presses to figure out whether he really can read music.
The producer is evasive in other ways. Asked whether Marvin Gaye has influenced him, Williams says , "He's an Aries. I respect him."
Williams says he didn't go into the studio with the intention of making anything sound like Gaye. He takes the attorneys through his creative process and why the session on "Blurred Lines" was a bit different.
"When I work with a person, I think about three things," he says. "I think about the energy that they're coming with, but this wasn't the case because (Thicke) wasn't there yet. But usually, I think about the energy and what they come in with, like what's on their mind, you know, argument with a girlfriend, e-mail with the husband, politics, state of the world. People walk in with vibes. They walk in with feelings. This was not one of those days."
The producer says he was in the "driver's seat" on this particular song, but does give Thicke some credit in a rather interesting section that seems to imply that white people are victims and beneficiaries of racial discrimination in the music business:
"Q: In your view, what holds 'Blurred Lines' together throughout the different sections?
Williams: What holds it together?
Williams: Robin Thicke's voice.
Q: Does the bass line and the keyboard hold the songs together through the different sections?
Q: Why not?
A: Because it's the white man singing soulfully and we, unfortunately, in this country don't get enough — we don't get to hear that as often, so we get excited by it when the mainstream gives that a shot. But there's a lot of incredibly talented white folk with really soulful vocals, so when we're able to give them a shot — and when I say 'we,' I mean like as in the public gives them a shot to be heard, then you hear the Justin Timberlakes and you hear the Christina Aguileras and you hear, you know, all of these masterful voices that have just been given, you know, an opportunity to be heard because they're doing something different."
Williams then adds that if he had sang the song, "It wouldn't be what it was — what it is today."
He admits, though, it's his song. Asked whose creation were the "Blurred Lines" words, he answers, "Mine."
How this all fits into the ongoing lawsuit is an intriguing question in and of itself.
In attempting to keep the depositions private, Howard King and Seth Miller — attorneys for Thicke and Williams — argued that they were hardly relevant and merely intended to "distract attention from the real issues and to embarrass, harass, and annoy Plaintiffs." They begged the judge to take note of the fact that celebrity depositions can be subject of "untoward media exploitation and public scrutiny," and instructed the judge, "Google 'Justin Bieber deposition.'"
The transcripts of the depositions don't necessarily refute the plaintiffs' contention in their own summary judgment motion that "Blurred Lines" and "Got to Give It Up" are not substantially similar for purposes of a copyright analysis, but on the road to a trial that is currently scheduled for February 10, 2015, the Gayes believe they have ammunition to destroy the plaintiffs' credibility and honor.
"Thicke, for his part, now claims he made all of his statements while drunk or on drugs, none of them true, and he mentioned Marvin Gaye only to sell records," states the counter-claimants' court papers. "He also actually testified that he is not an honest person. This complete contempt for the judicial system, and their obligations to tell the truth, can best be summed up by Thicke’s ultimate admission, while under oath, that he '[does not] give a f--k' about this litigation."
This article was first published by The Hollywood Reporter.