Monday, November 4, 2013

Blurring the Lines Between Robin Thicke and Marvin Gaye: Marvin Gaye's family Sues Robin Thicke


Robin Thicke filed a declaratory judgment action against Marvin Gaye's family in order to have the court declare that his song, "Blurred Lines" did not infringe Marvin Gaye's copyright in the song "Got to Give It Up."  Notably, at the time of filing the lawsuit, the Gaye's were not asserting that "Blurred Lines" infringed their copyright.  One of the requirements of a declaratory judgment action is that there is an actual conflict between the parties over their rights/remedies.  This is certainly a case of some really awful legal advice on the part of those advising Robin Thicke.  Usually, a lawsuit would be a last resort option, not the first.  Also, if Mr. Thicke thought that his song would infringe, he may have been better served trying to work out a deal with the Gaye family to settle without resort to litigation.  Alas, he fired first.  

In response, and not unsurprisingly, the Gaye family sued Robin Thicke for stealing two of Marvin Gaye's songs.  The lawsuit includes an allegation that Robin Thicke has a "Marvin Gaye fixation," meaning that there may be other songs of Mr. Thicke's which "borrow" ("steal") Marvin Gaye's copyrighted material. 

Some music critics noted that "Blurred Lines" was influenced or reminiscent of "Got to Give It Up."  This may be what caused Thicke to file the declaratory judgment action.  There is a question as to whether a song is "influenced" or "reminiscent" of another's copyrighted material is sufficient to show infringement.  That will be what the court will determine in the not so near future.  

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