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How to Prove That the Defendant Directly Copied the Work
In order to prove that the defendants are liable for copyright infringement, the plaintiff should prove that there was substantial copying from the original work. That can include melody, lyrics, percussions, and performance style, to name a few (Siegemund-Broka). However, the adoption’s Substantiality can be determined using special quantitative and qualitative techniques conducted by professionals or by using the principle of de minimis (Weldon 1272). The latter concept implies that the fact of unlawful copying is determined based on whether the average listener can recognize the appropriation. However, it can be argued that the general public may confuse the adoption of the sample from another work for the style closeness of the two songs. Therefore, the presence of non-professional opinion may sometimes lead to unfair judicial decisions.
The Intrinsic Test: Are Songs Substantially Similar?
Based on the intrinsic test, it can be argued that the two songs sound very close, but they are not substantially similar. As such, the bass and percussions in “Blurred Lines” can be viewed as almost similar to those in “Got to Give It Up,” but still, they are not the same. As for similarities in lyrics, it is difficult to notice any similarities that could be considered substantial. Yet, it is fair to admit that the overall styles of both songs are very similar. However, they can be attributed to the specific elements of the soul and funk genre, thus being regulated by the scenes à faire doctrine. In this regard, Zernay (209) argues that there were five elements similar in both songs, and most of them are commonly used in other songs of the same genre. Therefore, the intrinsic test shows that both songs are not similar.
The Extrinsic Test: How Did the Court Decide That the Defendants Had “Access”?
The court decided that the authors of “Blurred Lines” had ‘access’ to Marvin Gaye’s works as both Pharrell Williams and Robin Thicke admitted it in their interviews. The accused singers claimed that they were inspired by the songs of the former. The court found that the works were substantially similar in lyrics, melody, keyboard-bass interplay, and some main phrases (Siegemund-Broka). For instance, an expert musicologist claimed that keyboard melody and bass lines are identical in rhythm and silence moments.
In my opinion, the case of ‘Blurred lines’ may have a negative impact on the music industry as many authors create new songs based on inspiration from other musicians. For this reason, such a judicial decision can seriously limit creativity.
Works Cited
Siegemund-Broka, Austin. “How Similar Is ‘Blurred Lines’ To A 1977 Marvin Gaye Hit?”, The Hollywood Reporter, Web.
Weldon, Christopher. “The De Minimis Requirement as a Safety Valve: Copyright, Creativity, and the Sampling of Sound Recordings.” New York University Law Review, vol. 92, 2017, pp. 1261-1305.
Zernay, Regina. “Casting the First Stone: The Future of Music Copyright Infringement Law After Blurred Lines, Stay with Me, and Uptown Funk.” Chapman Law Review, vol. 20, 2017, pp. 177-223.
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