Scarinci Hollenbeck, LLC, LLCScarinci Hollenbeck, LLC, LLC

Firm Insights

Will 'Blurred Lines' Lawsuit Change Music?

Author: Scarinci Hollenbeck, LLC

Date: March 24, 2015

Key Contacts

Back

The family members of the late Marvin Gaye seem as though they’re not quite as happy as they should be following a victorious copyright infringement suit over Robin Thicke and Pharrell’s hit song “Blurred Lines”.

Rumors have been swirling regarding the outcome of the lawsuit, which has many experts worried that the concept of copyright in music may have essentially changed following the court case. Pharrell and Thicke have contended that though “Blurred Lines” was inspired by Gaye’s “Got to Give It Up,” it wasn’t actually a rip-off of the song. Because of this, many have been led to believe that simple inspiration may be enough to propel a viable lawsuit in the future.

What the outcome of the ‘Blurred Lines’ case means for music

Attorneys explained to The Rolling Stone that following the lawsuit, there are a number of ways in which the music industry might change regarding copyright law. For one, there are bound top be a lot more settlements. In fact, recently English crooner Sam Smith reached a settlement with American rocker, Tom Petty, and his writing partner due to noted similarities between the young singer’s tune, “Stay With Me”, and the popular guitar player’s “I Won’t Back Down.” The amicable end to the settlement was in stark contrast with the conflict between the Gaye estate and the defendants.

Additionally, in the future, musicians are much less likely to head into the court with what may be called the “Thicke defense.” Telling the judge and jury that your decision-making process in the studio was hampered because you were high on Vicodin simply won’t due in the future, just like it wasn’t enough for Thicke to get by with in this case.

This may not be the Gaye estate’s final legal foray

And though the Gaye estate has won this round, the case doesn’t seem to completely over yet, for numerous reasons. First, Pharrell and Thicke plan to appeal the court’s decision. They believe that although Gaye served as an inspiration, “Blurred Lines” doesn’t actually steal anything from “Got to Give It Up.”

“The main misconception was what Pharrell said: ‘Silk and rayon feel exactly the same but are completely different materials,'” Howard King, the defendants’ attorney, explained to The Rolling Stone. “The owner of rayon better have his eyes turned toward the owner of silk because if this decision really stands, he’s going to get sued.”

However, Nona Gaye, the late singer’s daughter, noted that the duo had taken all of the “meat” away from the legendary singer’s song, leaving nothing but the “bones.”

Additionally, talk has arisen that the Gaye family may file another lawsuit, this time alleging that Pharrell’s “Happy” ripped off another one of Gaye’s songs, “Ain’t That Peculiar,” something that online users have brought up frequently, with mash-ups of the two songs on YouTube questioning “Happy’s” authenticity. The Gaye estate’s previous success against Pharrell and Thicke, and the idea that inspiration could be enough to constitute copyright, could serve as a basis for the new case. Though Janis Gaye, the soul legend’s ex-wife, has thus far denied the possibility, the potential for another case still remains.

Ultimately, there won’t be a massive shift in the entire legal paradigm that the music industry is based on following the ruling in favor of the Gaye estate. Artists won’t be able to rush to get returns on songs they knew could be rip offs, but weren’t sure about – there is a three-year statue of limitations to recover full damages. However, artists will surely have to be more conscious about where the line between inspiration and rip-off lies, because it seems to have become a bit blurred.

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Scarinci Hollenbeck, LLC, LLC

Related Posts

See all
Common Causes of Partnership Disputes and How to Resolve Them post image

Common Causes of Partnership Disputes and How to Resolve Them

Business partnerships, much like marriages, function exceptionally well when partners are aligned but can become challenging when disagreements arise. Partnership disputes often stem from conflicts over business strategy, financial management, and unclear role definitions among partners. Understanding Business Partnership Conflicts Partnership conflicts place significant stress on businesses, making proactive measures essential. Partnerships should establish detailed […]

Author: Christopher D. Warren

Link to post with title - "Common Causes of Partnership Disputes and How to Resolve Them"
President Trump's Termination of Member Gwynne Wilcox post image

President Trump's Termination of Member Gwynne Wilcox

On January 28, 2025, the Trump Administration terminated Gwynne Wilcox from her position as a Member of the National Labor Relations Board (NLRB or the Board). Gwynne Wilcox, a union side lawyer for Levy Ratner, was confirmed to the Board for an original term in 2021 and confirmed again for a successive five-year term expiring […]

Author: Matthew F. Mimnaugh

Link to post with title - "President Trump's Termination of Member Gwynne Wilcox"
How to Dissolve a Corporation in New Jersey: A Step-by-Step Guide post image

How to Dissolve a Corporation in New Jersey: A Step-by-Step Guide

Closing your business can be a difficult and challenging task. For corporations, the process includes formal approval of the dissolution, winding up operations, resolving tax liabilities, and filing all required paperwork. Whether you need to understand how to dissolve a corporation in New York or New Jersey, it’s imperative to take all of the proper […]

Author: Christopher D. Warren

Link to post with title - "How to Dissolve a Corporation in New Jersey: A Step-by-Step Guide"
Gross Lease vs. Net Lease: Understanding the Key Differences post image

Gross Lease vs. Net Lease: Understanding the Key Differences

Commercial leases can take a variety of forms, which is often confusing for both landlords and tenants. Understanding the different types, especially the gross lease structure, is important when selecting the lease that best suits your needs. One key distinction between lease types is how rent is calculated and paid. This article addresses the two […]

Author: Robert L. Baker, Jr.

Link to post with title - "Gross Lease vs. Net Lease: Understanding the Key Differences"

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Sign up to get the latest from our attorneys!

Explore What Matters Most to You.

Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.

Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.

Let`s get in touch!

* The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!