Tuesday, May 1, 2018

Blurred Lines Songwriters Have Got to Give It Up for the Gaye Family: Pharrell Williams v. Frankie Christian Gaye; The National Law Review, April 27, 2018

Jodi Benassi, The National Law Review; Blurred Lines Songwriters Have Got to Give It Up for the Gaye Family: Pharrell Williams v. Frankie Christian Gaye

"The US Court of Appeals for the Ninth Circuit affirmed in part and reversed in part a district court’s judgment after a jury trial, ruling that the song “Blurred Lines” infringed Marvin Gaye’s 1970s song “Got To Give It Up.” Pharrell Williams, et al. v. Frankie Christian Gaye, et al., Case No. 15-56880 (9th Cir., Mar. 21, 2018) (Smith, J) (Nguyen, J, dissenting)...

Judge Nguyen issued a strong dissent, stating that the decision allowed the Gayes to accomplish what no one has before: copyrighting a musical style. In her view, the two works were not objectively similar as a matter of law under the extrinsic test because they differed in melody, harmony and rhythm. She believed the majority established a dangerous precedent that strikes a devastating blow to future musicians and composers everywhere."

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