Jury Finds 2013 Hit Song “Blurred Lines” Infringed Marvin Gaye’s Copyright

A federal US District Court jury in Los Angeles ordered musicians Robin Thicke and Pharrell Williams to pay $7.4 million dollars in damages to Marvin Gaye’s family for copyright infringement. The jury determined that Thicke and William’s 2013 hit song Blurred Lines infringed the copyright of the late Marvin Gaye’s 1977 song Got To Give it Up. Thicke and Williams have announced that they will appeal the verdict, while Gaye’s family has filed for an injunction to stop sales of the song.

Prior to the jury trial, Thicke and Williams brought a summary judgment motion. Their motion was dismissed; however, the US District Court determined that the scope of Gaye’s copyright is limited to the compositions as recorded on sheet music registered with the US Copyright Office. This was because under the 1909 Copyright Act, certain formalities, which Gaye did not comply with for the sound recording, were required in order to receive copyright protection. As a result, Gaye’s copyright did not extend to the sound recording of Got To Give It Up, and did not include added elements created in the studio, such as the style of the lead vocal, backing vocals, background sounds, and percussion.

At trial, the jury did not hear Gaye’s sound recording of Got To Give It Up, but rather they heard a version created based solely on the sheet music. Many industry experts are sceptical as to whether the jury reached the correct verdict, particularly given that Gaye’s copyright was limited to the sheet music.

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