The second bars of the refrains both repeat the same texts as the first bars, but rhythmically slightly modified, with two eighth notes followed by an eighth note and two sixteenth notes, with the last sixteenth note (again on “head” and “up”) tied into the third beat of the second bars. The first bars of the repeated two-bar refrains both consist of two quarter notes followed by an eighth note and two sixteenths, with the last sixteenth note of the third beat tied to the fourth beat (on the words “head” and “up” in The Gap Band and the Ronson / Mars works, respectively). The matter never went to court, but the result of the negotiations was five additional writers added to the credits for “Uptown Funk.” Although the two works are generally distinct musically, there is no doubt that there is a marked similarity in one element of both works – the rhythmic treatment of the vocal refrains “(say) oops upside your head” and “uptown funk you up,” both of which are key elements in the respective works.Ī comparison of the rhythm of the vocal refrain in “Uptown Funk” (from 3:54 to the end of the tune) to the hook throughout “Oops! Upside Your Head” reveals why Ronson, Mars, and crew may have been concerned. The Gap Band also made a claim for its tune “Oops! Upside Your Head.” The Gap Band’s publisher, Music Minder, alleged that “Uptown Funk” infringed on The Gap Band’s 1979 hit. Although one must give credit to “Funk You Up” for namechecking both Yogi Bear and Fred Flintstone. Other than both being relatively standard braggadocio numbers, the two works are not similar from either a legal or lay perspective. The funk band The Sequence accused “Uptown Funk” of copying their 1979 tune “Funk You Up.” This purported claim justifiably died a death, no formal claim was filed, and no writers were added to “Uptown Funk.” This was unquestionably the correct result. “Uptown Funk” broke in November 2014, and soon after, the legal challenges began. That is, if the recent lawsuit by members of the band Collage over its work “Young Girls” is successful.įirst, just a little background. How many angels can dance on the head of a pin? Perhaps a version of the age-old question updated for the music business should be “How many artists can get points on a hit single?” Well, for Mark Ronson, Bruno Mars, and all the other nine (yes, nine!) writers currently getting writing credit for the huge hit single “Uptown Funk,” the answer, while not quite as unapproachable as the query by Aquinas and others, may be more than 11. (Trinidad and Gallaspy’s shares remain unchanged.),” Vulture explained in May 2015.On Aponline tabloid TMZ reported that the parties settled, and that “… a well-placed music industry executive informed us that there was no financial component to the settlement.” One can only hope this bit of hearsay is true, particularly as Defendant is still facing two additional claims involving the same song. With those names now added to the song, they have to once again split the difference, with the original four writers’ shares dipping down to 17 percent. “The original songwriters agreed to share credit with the Gap Band’s members - Charlie, Ronnie, and the late Robert Wilson, as well as keyboardist Rudolph Taylor and producer Lonnie Simmons - for a share of 17 percent. The latter group was added after a court claim of similarity of their 1979 song, “Oops Upside Your Head.” This would mean that all eleven credited contributors have to split song revenue, according to the terms of their respective publishing deals. Other writers outside James, Ronson, and Mars include Jeffrey Bhasker, Philip Lawrence, Devon Gallaspy, and the five associated members of The Gap Band. While James is one of the most famous artists receiving co-writing credit on the song, “Uptown Funk” has eleven total writers listed as contributors (which did not start out that way). James’ contribution earned him 8 percent of the popular funk song, as reported by Billboard. Based on a 2015 end-of-the-year music report by Nielson Music, “Uptown Funk” raked in sales of approximately $5.5 million in the United States.
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