Thicke v. Gaye: Will the Jury's Decision Have a Chilling Impact on Creativity?

In a follow up to their previous course “Thicke v. Gaye: Musical Copyright Infringement," entertainment law attorney Steven Gordon and copyright law scholar Bob Clarida return to discuss the highly publicized Thicke v. Gaye case.

"Blurred Lines," performed and written by Robin Thicke and Pharrell, sparked a legal battle with Marvin Gaye’s estate about whether the song violated the copyright of Marvin Gaye's “Got To Give it Up.”

Recently, a Los Angeles federal jury found in favor of Gaye’s estate and ordered Thicke and Pharrell to pay approximately $7.4 million to Marvin Gaye’s family. Notably, the jury reached their decision without comparing the finished recordings of the two songs. Instead, the jury was only allowed to compare “Blurred Lines” to the sheet music composition of “Got to Give it Up.” Knowledgeable commentators have opined that based on the sheet music alone, the two songs were not “substantially similar,” and that the verdict sets a dangerous precedent. Thicke and Pharell are appealing the verdict.  

In this course, Steven and Bob explore: 

• Was the jury’s decision legally correct? 
• Were the judge’s instructions legally correct? 
• Were Robin Thicke’s negative statements as a witness a factor in the jury’s decision, and if so, was that legally correct? 
• How did the jury assess damages and was that legally correct? 
• What are the issues on appeal? 
• If upheld, will this decision have a chilling effect on creativity? 

Lawline invites you to join us and these two fine attorneys as we explore these fascinating issues.

Learning Objectives:

I.      Answer, "what constitutes music copyright infringement?" 

II.     Comprehend what constitutes proper jury instructions in a copyright infringement case

III.    Understand the measure of damages in a copyright infringement

IV.    Grasp the bases of an appeal from a jury verdict in a copyright infringement case 

V.     Advise songwriter clients on avoiding lawsuits for copyright infringement if the current decision stands