Artists rely on innovators. They draw from their influences and expand with their own conception. This can create nuances. There are so many similarities in art due to this natural process that the lines of intellectual property can be blurred. It’s impossible to gauge to what degree someone may have drawn from their influences and how much of the final product they came up with themselves. These blurred lines have existed since the dawn of time, since the age of Leonardo and Michelangelo, since baroque composers and all the way up across every genre of art. It’s how art evolves and it’s how the boundaries are pushed. Although no matter how beneficial this train of progress, these nuances and blurred lines can cause complications, especially as the rules of intellectual property become tighter.
Back in August, R&B singer Robin Thicke filed a lawsuit against the Gaye family, who claimed that the singer’s song “Blurred Lines” copied Marvin Gaye’s classic “Got to Give It Up.” Thicke, and many other musicians, agree that musical influences can be heard in nearly every song on the radio. Major artists throughout history, such as Led Zeppelin, The Beach Boys and Madonna have been accused of similar ‘plagiarism’ suits in the past. It’s nothing new. In fact, it’s becoming increasingly popular. The rules are strict, and if proven guilty, the aggressive party could be entitled to hefty compensation. So why not try? Every Top 40 song sounds like every other Top 40 song these days anyways.
Copyright authority includes the ability to control “derivative works,” but it’s ultimately up to the courts to make subjective objections of how similar is too similar. Once again, blurred lines.
Thicke's suit, in brief summary, states that the Gaye family is alleging that "Blurred Lines" and Gaye's "Got to Give It Up" "feel" and "sound" the same, and that "Gaye defendants are claiming ownership of an entire genre, as opposed to a specific work."
"But there are no similarities between plaintiffs' composition and those the claimants allege they own, other than commonplace musical elements," it argues. "Plaintiffs created a hit and did it without copying anyone else's composition."
The singer later attempted to coddle the Gaye family by offering them a six figure settlement in order to preempt the copyright infringement, a sum that the family deemed unworthy. "We're not happy with the way that [Thicke] went about doing business," said Gaye III. "Let alone suing us for something where he clearly got his inspiration from at the least."
As the case unfolds, the attention does nothing more but fuel the “Blurred Lines” flame, further boosting the success it originally crafted with its provocative, press magnet music video. Although the song’s scrutiny is a direct factor of Thicke’s increasing fame, that singer has to ask himself, “Was it all worth it?”
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