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From Blurred Lines to Blurred Law: an Assessment of the Possible Implications of Journal of Intellectual Property Law Volume 28 Issue 1 Article 10 January 2021 From Blurred Lines to Blurred Law: An Assessment of the Possible Implications of "Williams v. Gaye" in Copyright Law Hannah Patton University of Georgia School of Law Follow this and additional works at: https://digitalcommons.law.uga.edu/jipl Part of the Intellectual Property Law Commons Recommended Citation Hannah Patton, From Blurred Lines to Blurred Law: An Assessment of the Possible Implications of "Williams v. Gaye" in Copyright Law, 28 J. INTELL. PROP. L. 251 (2021). Available at: https://digitalcommons.law.uga.edu/jipl/vol28/iss1/10 This Notes is brought to you for free and open access by Digital Commons @ Georgia Law. It has been accepted for inclusion in Journal of Intellectual Property Law by an authorized editor of Digital Commons @ Georgia Law. Please share how you have benefited from this access For more information, please contact [email protected]. From Blurred Lines to Blurred Law: An Assessment of the Possible Implications of "Williams v. Gaye" in Copyright Law Cover Page Footnote J.D. Candidate, 2021, University of Georgia School of Law. I would like to thank the Editorial and Executive Boards of the Journal of Intellectual Property Law for all of their help, as well as Professor Stephen Wolfson and friend Ian Kecskes for inspiring this Note’s entertainment theme. I dedicate this Note to my loving parents, Steve and Amy Patton. Thank you for your constant support and encouragement throughout my life. I would also like to dedicate this Note to my college professor and mentor, Dr. Charles S. Bullock, III. Dr. Bullock was instrumental in my academic and professional development. Thank you for challenging me, giving me the confidence ot pursue my goals and for helping me discover my love for writing. This notes is available in Journal of Intellectual Property Law: https://digitalcommons.law.uga.edu/jipl/vol28/iss1/10 Patton: From Blurred Lines to Blurred Law: An Assessment of the Possible DEMO2 (DO NOT DELETE) 1/12/2021 6:40 AM FROM BLURRED LINES TO BLURRED LAW: AN ASSESSMENT OF THE POSSIBLE IMPLICATIONS OF WILLIAMS V. GAYE IN COPYRIGHT LAW Hannah Patton* * J.D. Candidate, 2021, University of Georgia School of Law. I would like to thank the Editorial and Executive Boards of the Journal of Intellectual Property Law for all of their help, as well as Professor Stephen Wolfson and friend Ian Kecskes for inspiring this Note’s entertainment theme. I dedicate this Note to my loving parents, Steve and Amy Patton. Thank you for your constant support and encouragement throughout my life. I would also like to dedicate this Note to my college professor and mentor, Dr. Charles S. Bullock, III. Dr. Bullock was instrumental in my academic and professional development. Thank you for challenging me, giving me the confidence to pursue my goals and for helping me discover my love for writing. 251 Published by Digital Commons @ Georgia Law, 2021 1 Journal of Intellectual Property Law, Vol. 28, Iss. 1 [2021], Art. 10 DEMO2 (DO NOT DELETE) 1/12/2021 6:40 AM 252 J. INTELL. PROP. L. [Vol. 28:1 TABLE OF CONTENTS I. INTRODUCTION.............................................................................................. 253 II. BACKGROUND ................................................................................................ 257 A. COPYRIGHT LAW .................................................................................. 257 1. Source and Purpose of U.S. Copyright Law ............................. 257 2. Development of U.S. Copyright Law ........................................ 258 3. Substantive Requirements and Subject Matter of Copyright ......................................................................................... 259 4. Establishing a Copyright Infringement Claim .......................... 261 a. Access ....................................................................................... 261 b. Substantial Similarity.............................................................. 262 5. Limits of Copyright Protection ................................................... 263 B. THE BLURRED LINES CASE ................................................................ 264 1. The Blurred Lines Case: Factual Background and Procedural History ......................................................................... 264 2. The Blurred Lines Case: The Appellate Decision ......................... 266 a. The Majority ............................................................................ 266 b. The Dissent ............................................................................. 267 III. ANALYSIS ......................................................................................................... 267 A. COPYRIGHT LAW AND FILM ............................................................... 268 1. Marcus v. ABC Signature Studios, Inc. ...................................... 268 2. Sheldon Abend Revocable Trust v. Spielberg .......................... 269 B. DIFFERENTIAL TREATMENT BETWEEN KINDS OF WORKS ........ 270 IV. CONCLUSION ............................................................................................... 271 https://digitalcommons.law.uga.edu/jipl/vol28/iss1/10 2 Patton: From Blurred Lines to Blurred Law: An Assessment of the Possible DEMO2 (DO NOT DELETE) 1/12/2021 6:40 AM 2020] IMPLICATIONS OF WILLIAMS V. GAYE 253 I. INTRODUCTION “‘. [W]e should make something like that, something with that groove.’”1 When R&B singer-songwriter Robin Thicke stated those now infamous words in a May 2013 interview for GQ magazine, he was at the height of his music career. His new single, “Blurred Lines,” featuring T.I. and Pharrell Williams, was a chart-topping sensation.2 With an upbeat tempo and rhythmic hook, the song was an instant hit, catching the attention of a wide audience of music listeners, and it quickly became apparent that its popularity would be anything but short- lived. After its successful debut, “Blurred Lines” continued to hold the number one spot on Billboard’s Hot 100, R&B, Hip-Hop, and Pop charts, while steadily climbing to the top of others, making it Billboard’s “Song of the Summer.”3 Furthermore, the accompanying music video was equally, if not more, successful, as it went viral with more than 62 million views in three months.4 Clearly, the “groove” that inspired Thicke was something special—or was it? This “groove” Thicke mentioned in the GQ interview was a tribute to Marvin Gaye’s 1977 hit “Got To Give It Up.”5 When asked to describe the origin of his new single “Blurred Lines,” Thicke recalled a conversation he had in the studio with collaborator Pharrell Williams.6 Specifically, Thicke said he stated to Williams that “one of [his] favorite songs of all time was Marvin Gaye’s ‘Got To Give It Up,’” and he and Williams “should make something like that, something with that groove.”7 Within a half-hour of experimenting with the “groove,” Thicke and Williams wrote “Blurred Lines,” and the entire song was recorded and finished within two hours.8 At the time, Thicke likely considered his 1 Stelios Phili, Robin Thicke on That Banned Video, Collaborating with 2 Chainz and Kendrick Lamar, and His New Film, GQ (May 7, 2013), https://www.gq.com/story/robin-thicke- interview-blurred-lines-music-video-collaborating-with-2-chainz-and-kendrick-lamar-mercy. 2 Gary Trust, Robin Thicke’s ‘Blurred Lines’ is Billboard’s Song of the Summer, BILLBOARD (Sept. 5, 2013), https://www.billboard.com/articles/news/5687036/robin-thickes-blurred-lines-is- billboards-song-of-the-summer (discussing the immediate success of “Blurred Lines” on Billboard’s music charts). 3 Id. 4 Jason Lipshutz, Robin Thicke, Miley Cyrus, & Clearing Up Blurred Lines in Music Videos (Opinion), BILLBOARD (June 25, 2013), https://www.billboard.com/articles/columns/pop- shop/1568125/robin-thicke-miley-cyrus-clearing-up-blurred-lines-in-music-videos (discussing the public reception of Robin Thicke’s provocative music video for his hit single, “Blurred Lines”). 5 See MARVIN GAYE – “GOT TO GIVE IT UP (PT.1)”, CLASSIC MOTOWN, https://classic.motown.com/story/marvin-gaye-got-give-pt-1(last visited Sept. 22, 2020, 3:28 p.m.) (providing an overview of the writing, recording, and production of Marvin Gaye’s “Got To Give It Up” and the “Blurred Lines” copyright infringement controversy). 6 Phili, supra note 1. 7 Id. 8 Id. Published by Digital Commons @ Georgia Law, 2021 3 Journal of Intellectual Property Law, Vol. 28, Iss. 1 [2021], Art. 10 DEMO2 (DO NOT DELETE) 1/12/2021 6:40 AM 254 J. INTELL. PROP. L. [Vol. 28:1 interview answer a harmless, typical response to a common question in the music industry. He, like many other R&B singer-songwriters, clearly admired Gaye’s music and likely considered him a creative influence for his artistry and craft. Therefore, what was the harm in describing the inspiration for the song he and Williams created? However, after the interview was published, Thicke was confronted with backlash from members of Marvin Gaye’s estate, who claimed that “Blurred Lines” copied the composition of Gaye’s “Got To Give It Up.”9 In response to the accusations that this hit single was not an original, the “Blurred Lines” collaborators filed suit against the Gaye family and Bridgeport Music, Inc.10 in California federal court in August 2013.11 They sought a declaratory judgment that their composition did not infringe on Gaye’s 1977 hit.12 In March 2018, after a five-year legal battle of counter-claims and appeals, the Ninth Circuit Court of Appeals
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