Robin Thicke, Pharrell Williams lose ‘Blurred Lines’ appeal

A federal appeals court upheld the $5.3 million judgement against Robin Thicke and Pharrell Williams for copying a 1977 Marvin Gaye song to create their 2013 smash 'Blurred Lines’.

In a 2-1 vote, the 9th U.S. Circuit Court of Appeals ruled that Gaye’s 'Got to Give It Up’ deserved “broad” copyright protection. 

The defence legal term had vainly argued that the earlier song only deserved a “thin” protection.

The judges responded: "Musical compositions are not confined to a narrow range of expression". 

The court said that the jury verdict in favour of the late Gaye’s three adult children should stand because there was “not an absolute absence of evidence” of similarity between the two songs. 

It also overturned two previous judgements.

It means that the Gaye children are now entitled to collect 50% of future royalties from ‘Blurred Lines’ in lieu of damages, and are also set to collect US$3.2 million.

Interscope Records is now not liable, nor is rapper T.I. who had contributed a verse on the popular track. 

Two of Gaye’s children, Frankie and Nona, called the decision “a victory for the rights of all musicians.”

The case has been watched with great interest – and apprehension – by the music industry, as it determines when outright stealing ends and an obvious tribute begins.

The original trial also received criticisms from the music industry and some in the legal fraternity, because the jury was never allowed to hear the two recordings side by side in the courtroom.

The argument at the time was that Gaye’s recording was released in 1977, when sound recordings were not protected by the then-effective Copyright Act of 1909.

Only the original composition was protectable, so the judge decided that the jury should not hear the original recordings but just a rendition of the song based only on the sheet music deposited with the Copyright Office when the song was registered.

The latest judgement has continued to provoke debate. 

One of the judges, Jacqueline Nguyen, wrote that such a result came from “the majority’s uncritical deference to music experts”. 

"The majority allows the Gayes to accomplish what no one has before: copyright a musical style," she opined. 

"'Blurred Lines' and 'Got to Give It Up' are not objectively similar. They differ in melody, harmony, and rhythm."

“Yet by refusing to compare the two works, the majority establishes a dangerous precedent that strikes a devastating blow to future musicians and composers everywhere."

Pharrell Williams has always admitted to being a Marvin Gaye fan, but insisted that any similarity between the two songs were that they were the same music style. 

Thicke testified he exaggerated his contribution to the song claiming he’d been drunk for most of the time the song was recorded. 

More than 200 musicians signed an amicus brief supporting the appeal, arguing that the earlier judgement would create a stagnating effect on the creative community.