A federal appeals court upheld a copyright infringement verdict against Robin Thicke and Pharrell Williams over « Blurred Lines. »
A federal appeals court on Wednesday upheld a copyright infringement verdict against Robin Thicke and Pharrell Williams over the 2013 hit song « Blurred Lines. »
In a split decision from a three-judge panel, the 9th U. S. Circuit Court of Appeals awarded $5.3 million to the family of Marvin Gaye, who said « Blurred Lines » is illegally copied from the late soul singer’s « Got to Give it Up. »
Two judges rejected the defense’s request to overturn a jury verdict or order a new trial, saying that Gaye’s copyright on the song is entitled to broad protection. They accepted a trial court judge’s instructing the jury to decide based only on the sheet music to the songs, and not the recordings.
Judge Jacqueline Nguyen offered a harsh dissent, saying that the songs resemble each other only in style, not substance, and that the decision was detrimental to the future of artists and creativity.
« The majority allows the Gayes to accomplish what no one has before: copyright a musical style, » Nguyen wrote. » ‘Blurred Lines’ and ‘Got to Give It Up’ are not objectively similar. They differ in melody, harmony, and rhythm. Yet by refusing to compare the two works, the majority establishes a dangerous precedent that strikes a devastating blow to future musicians and composers everywhere. »
Howard King, an attorney for Williams and Thicke, seized on Nguyen’s comments.
« We stand by the fact that these are two entirely different songs, » King said in an email to The Associated Press. « The thorough and well-reasoned dissenting judge’s opinion is compelling and enhances the prospects for success in a further review by the Court of Appeals. »
The Gaye family’s attorney Richard S. Busch praised the ruling. « Despite the protests of the Williams’ camp that the decision somehow stifles creativity, the opposite is true, » he said in a statement. He said the verdict and Wednesday’s ruling « encourages today’s writers to create original work that does not take advantage of the success of others while pawning it off as their own. »
The trial over « Blurred Lines, » the biggest hit of 2013, ended in March 2015 with jurors awarding Gaye’s family more than $7 million. The verdict was later trimmed to $5.3 million.
The Gaye family also received 50% interest in ongoing royalties from the song.
