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Lawyers for Marvin Gaye's heirs and recording artists Pharrell Williams and Robin Thicke were singing past each other in court in October. Milan Smith, a judge on the U.S. Court of Appeals for the Ninth Circuit, repeatedly complimented opposing counsel Quinn Emanuel Urquhart & Sullivan partner Kathleen Sullivan and Arnold & Porter Kaye Scholer partner Lisa Blatt on the forcefulness of their arguments in a copyright infringement case that has lit up the music industry. See, http://lat.ms/2gvIplN.
But it wasn't clear which side was making the most headway with the appellate court. All three judges put the lawyers on the spot over various aspects of the $5 million jury verdict arising from the song “Blurred Lines.”
Sullivan framed the verdict in Williams v. Gaye, 15-56880, as conflating ordinary artistic inspiration with copyright infringement. Jurors should not have been instructed that Thicke and Williams might have subconsciously infringed Gaye's song “Got to Give It Up” — especially after hearing evidence that the two discussed the song before recording “Blurred Lines,” Sullivan argued. “This case was turned into what it shouldn't have been — a case about inspiration,” Sullivan told the court.
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