Pharrell Williams, Robin Thicke, and T.I. are getting some major support from fellow musicians in their appeal over the hit song "Blurred Lines”. More than 200 musicians, including composer Hans Zimmer, crooner R. Kelly, and members of such bands as the Go-Go's, the Black Crowes, Linkin Park, and Three 6 Mafia, filed an amicus brief with the US Ninth Circuit Court of Appeals last month in support of Williams to overturn the copyright infringement judgment, which carried one of the largest awards in music copyright history.

The matter was originally brought to the District Court by the children of Marvin Gaye, who sued for copyright infringement claiming "Blurred Lines" copied Gaye's hit "Got to Give it Up." A jury awarded a $7.4 million verdict in their favour, which a judge later reduced to $5.3 million. DWW reported on that decision in the E-TIPS® newsletter.

The decision rocked the music industry, not just for the large award, but because the jury determined the “Blurred Lines” infringement based on the atmospheric similarity to Gaye's "Got to Give It Up". Gaye’s music was recorded prior to a change in US Copyright law that left the recording unprotected. However, the sheet music for the song was registered with the US Copyright office and, as the only protected work, formed the basis for the suit.

In the amicus brief, musicians expressed concerns over the potential repercussions of the ruling and the limitations it places on future creativity. In addition to their brief, 10 musicologists have also filed their own amicus brief echoing the sentiments that the verdict could curtail creativity in popular music.

E-TIPS® ISSUE

16 09 21

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