Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
<i>Commentary:</i> Amended Opinion No Cause for Alarm in 'Blurred Lines' Case Outcome
Over the summer, a divided panel of the U.S. Court of Appeals for the Ninth Circuit issued an amended opinion affirming the denial of a new trial motion and an order denying rehearing en banc in Williams v. Gaye, 15-56880. We now consider whether the final affirmance of the jury verdict in favor of Marvin Gaye's heirs is likely to wreak havoc on musical creativity as some, including the dissent, have argued. For us, the short answer is no.
From the time that lawyers for Pharrell Williams and Robin Thicke commenced a declaratory judgment action — in response to a claim letter from attorneys for the heirs of Marvin Gaye alleging that Gaye's 1977 hit “Got to Give It Up” was infringed by the Williams and Thicke's via the 2013 best-selling single “Blurred Lines” — a public debate has unfolded parallel to developments in court.
Most recently, this debate found purchase in the impassioned dissent from the amended opinion by Ninth Circuit Judge Jacqueline H. Nguyen, wherein she concludes by warning Gaye's heirs, and, by extension, all songwriters, to be careful what they wish for: The Gayes, no doubt, are pleased by the case outcome. They shouldn't be. The music copyrights they control, including “Got to Give It Up,” now potentially infringe the copyrights of other songs that preceded the Gaye works. Judge Nguyen's observation echoes the closing argument of Howard E. King, trial counsel for Williams and Thicke, that “Blurred Lines” only emulates the genre of music represented by “Got to Give It Up,” not any original expression protected by its copyright, and therefore that a finding of infringement would stifle creativity by granting a prohibited monopoly on a musical style.
This premium content is locked for Entertainment Law & Finance subscribers only
ENJOY UNLIMITED ACCESS TO THE SINGLE SOURCE OF OBJECTIVE LEGAL ANALYSIS, PRACTICAL INSIGHTS, AND NEWS IN ENTERTAINMENT LAW.
- Stay current on the latest information, rulings, regulations, and trends
- Includes practical, must-have information on copyrights, royalties, AI, and more
- Tap into expert guidance from top entertainment lawyers and experts
Already a have an account? Sign In Now Log In Now
For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473
Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Removing Restrictive Covenants In New York
In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?