Williams v. Gaye

In 1977, Marvin Gaye (defendant) registered a copyright for the musical composition of the song “Got to Give It Up” (“Give”). Gaye’s copyright was supported by sheet music deposited with the United States Copyright Office. In 2012, Pharrell Williams and Robin Thicke (collectively, Thicke) (plaintiffs) wrote and recorded the commercially successful song “Blurred Lines” (“Blurred”). Thicke filed an action for a declaratory judgment stating that “Blurred” did not infringe on Gaye’s copyright. Gaye counterclaimed for infringement, arguing that “Blurred” was substantially similar to “Give.” Gaye submitted an expert report identifying a constellation of eight musical similarities between “Give” and “Blurred.” Thicke acknowledged that “Blurred” was inspired by “Give” but argued that there were no substantial similarities between the “Give” protected elements and “Blurred.” At trial, pursuant to the requirements of the Copyright Act of 1909 (1909 act), which governed all compositions written before January 1, 1978, the trial court instructed the jury that its review of the alleged substantial similarities between “Blurred” and “Give” must be limited to the elements contained in the written sheet music for “Give” and that evidence of deliberate copying was not required to prove infringement. In other words, subconscious copying alone was sufficient. The jury held that “Blurred” infringed on Gaye’s copyright and awarded damages. Thicke appealed, arguing that he was entitled to a new trial because the jury instructions were erroneous.