In March 2018, the Ninth Circuit Court of Appeals
rendered a landmark decision in the copyright infringement
litigation surrounding Pharrell Williams and Robin Thicke's
song, "Blurred Lines." The appellate court upheld a 2015
jury verdict finding that "Blurred Lines" infringed
Marvin Gaye's copyright to the 1977 hit "Got to Give it
Up" because the two songs were too similar.
In early December 2018, rather than petitioning for Supreme
Court review, Williams and Thicke agreed to a judgment requiring
payments of nearly $5 million to Gaye's family and an ongoing
royalty of 50% of any future net proceeds from "Blurred
Lines."
This controversial case has shifted the paradigm in the music
and entertainment business by allowing a copyright owner to extend
its claim to cover prior works that "inspired" a later
artist to create a new work. We believe the result in this case
will lead to a rise in copyright infringement litigation.
