‘Blurred Lines’ Verdict Upheld by Appeals Court
Yet in the majority opinion, Judge Milan D. Smith Jr. rejected the idea
that the verdict would harm creativity, and suggested that the case hinged more on the skills of lawyers: “Far from heralding the end of musical creativity as we know it,” Judge Smith wrote, “our decision, even construed broadly, reads more accurately as a cautionary tale for future trial counsel wishing to maximize their odds of success.”
In a dissent, Judge Jacqueline H. Nguyen harshly criticized the decision as one
that “allows the Gayes to accomplish what no one has before: copyright a musical style.” She further warned that the decision “establishes a dangerous precedent that strikes a devastating blow to future musicians and composers everywhere
By BEN SISARIOMARCH 21, 2018
In the music industry’s most closely watched copyright case, a federal appeals court on Wednesday upheld a jury’s finding
that Robin Thicke’s song “Blurred Lines” infringed on the copyright of Marvin Gaye’s “Got to Give It Up.”
When the case went to trial in 2015, it became a flash point in the music industry over the limits of copyright.
For example, even before the “Blurred Lines” verdict was announced, Sam Smith willingly shared credit
for his hit “Stay With Me” after Tom Petty said it sounded like his song “I Won’t Back Down.”
Even the appeals court decision, by a three-judge panel of the United States Court of
Appeals for the Ninth Circuit, reflected the dispute over the case’s ramifications.