Pharrell, who co-wrote the song, told the court at the time that Marvin Gaye’s music was part of the soundtrack of his youth and that he was “channelling… that late ’70s feeling” when he wrote the song.
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The case centred on whether Thicke and Williams copied the Marvin Gaye hit “Got to Give It Up” for their hit song, although jurors were only supposed to consider whether “Blurred Lines” improperly copied notes from Gaye’s sheet music.
Lawyers for the trio filed their opening brief with the ninth circuit court of appeals on 24 August, arguing that “if left to stand, the Blurred Lines verdict would chill musical creativity and inhibit the process by which later artists draw inspiration from earlier artists to create new popular music”.
The lawsuit states: “What happened was a cascade of legal errors, warranting this court’s reversal or new trial”. The document states: “This outcome created global press coverage and widespread expressions of concern by members of the music community that, if left to stand, the Blurred Lines verdict would chill musical creativity and inhibit the process by which later artists draw inspiration from earlier artists to create new popular music”.
Do you think the “Blurred Lines” creators can win their appeal?
The filing claimed that the district court had made things worse by “erroneously” allowing the Gayes’ experts to testify about the sound recording and only play selected excerpts from both songs. This case thus should have been a spare and simple exercise in comparing “Blurred Lines” to the few musical elements that appear in the deposit copy for “Got To Give It Up”.
The brief also cites the recent outcome in Led Zeppelin’s “Stairway to Heaven” case, which ruled in favor of the band. Certainly that’s what the “Blurred Lines” writers are arguing now in their bid to have the jury’s ruling set aside.
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The federal jury’s ruling stated that, although “Blurred Lines” didn’t intentionally copy “Got To Get It On”, Thicke’s song was heavily influenced by Gaye’s track. I’m constantly inspired, but I would never steal.
