Hollywood Reporter: A jury's 2015 verdict punishing Robin Thicke and Pharrell Williams for infringing Marvin Gaye's "Got to Give It Up" to create the international chart-topper "Blurred Lines" was a controversial one in the musical community, with some believing that the $5.3 million judgment would chill musical creativity. But Wednesday, a divided panel at the 9th Circuit Court of Appeals largely affirmed the verdict in a lengthy decision that provides a huge win for Gaye's family.
2 comments:
Just on the surface and without reading all of the briefs in the case nor the trial record, I am leaning towards the dissenting opinion on this matter. I do feel that this will set a dangerous precedent for future cases involving artistic creation and expression. I also feel that the court should have considered the expert testimony and given it more scrutiny. You can not accurately compare two similar products unless you do so side by side and under the same conditions. I feel that the majority here was only interested in one side of the story and not reaching a definitive decision based on all the information provided. It comes down to what is really the heart of the matter and what the question was that was presented to the court. I think it would be in the interest of the losing party to appeal the court's ruling to the Supreme Court and state that the expert witness testimony is flawed and fails to meet benchmark standards as already determined by the high court for the simple fact that a full analysis was not properly completed on the works in question.
Interesting. I mean, I think we can all agree that to compare Marvin Gaye and Robin Thick as musical equals in laughable as best. "Blurred Lines" is such a trash song, both in terms of social impact as well as lyrical structure. It's only saving grace is the funky beat behind all the garbage lyrics, which is pulled from Gaye's influence. I'm pleased to read that the Gaye family has won the suit, although it does seems like a pretty petty thing to sue about...Although I guess maybe more than anything they're preserving Marvin Gaye's musical legacy. To have some of the beats or lyrics snatched from such an incredible artists and pasted into a crummy pop song is upsetting. Either way, this is so far out of my life and anything that I will ever experience, that from my point of view it's just rich people yelling at each other.
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