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<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.
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