Pharrell Williams v. Bridgeport Music

Last updated

Pharrell Williams v. Bridgeport Music
Court United States Court of Appeals for the Ninth Circuit
Full case namePharrell Williams et al v. Bridgeport Music et al
ArguedOctober 6, 2017
DecidedMarch 22, 2018
Citation(s)Williams v. Gaye, 895 F.3d 1106 (9th Cir. 2018)
Case history
Appealed from United States District Court for the Central District of California
Holding
The panel partially affirmed the District Court's judgement after a jury trial. Copyright protection in musical composition is not limited to a narrow range of expressions.
Court membership
Judge(s) sitting Milan Smith, Mary H. Murguia,and Jacqueline H. Nguyen
Case opinions
Decision byMilan D. Smith Jr
ConcurrenceMary H. Murguia
DissentJacqueline H. Nguyen
Laws applied
Copyright Act of 1976; 17 U.S.C. §§ 101, 102, 106, 504, 505

Pharrell Williams et al. v Bridgeport Music et al., No. 15-56880 (9th Cir. July 11, 2018) is a United States Court of Appeals for the Ninth Circuit case concerning copyright infringement of sound recording. In August 2013, Pharrell Williams, Robin Thicke and Clifford Joseph Harris (known by his stage name "T.I.") filed a complaint for declaratory relief against the members of Marvin Gaye's family and Bridgeport Music in the United States District Court for the Central District of California, alleging that the song "Blurred Lines" did not infringe the copyright of defendants in "Got to Give It Up" and "Sexy Ways" respectively. [1]

Contents

On October 6, 2017, the Circuit Court held oral arguments on the appeal to vacate the district court's judgement. [2] The Ninth Circuit upheld the District Court's decision against Williams and Thicke and affirmed liability of millions of dollars in damages. It was established that "Got to Give It Up" is "entitled to broad protection against copyright infringement liability because musical compositions are not confined to a narrow range of expression". [3]

Background

“Blurred Lines" is a song performed by Robin Thicke, featuring Pharrell Williams and T.I., and the trio shared writing credits. The song was a hit, spending twelve weeks at the top of the Billboard Hot 100 and ultimately reaching the number two spot on the year-end Billboard Hot 100 chart. [4]

However, the song became a subject for dispute with Gaye's family and Bridgeport Music, who claimed that the song infringed on their copyright and was inspired by their songs "Got to Give It Up" (1977) and "Sexy Ways" (1974) respectively.

Complaint for declaratory relief

Notably, unlike the traditional manner, the litigation started with preemptive filing of declaratory relief. In August 2013, Williams, Thicke and T.I. filed a complaint for declaratory relief against Gaye's family and Bridgeport Music. Prior to the complaint, Gaye's family and Bridgeport Music alleged that the plaintiff had "ripped-off" "Got to Give it Up". The complaint argued that "the basis of the Gaye defendants' claims is that "Blurred Lines" and "Got To Give It Up" "feel" or "sound" the same. Being reminiscent of a "sound" is not copyright infringement. The intent in producing "Blurred Lines" was to evoke an era. In reality, the Gaye defendants are claiming ownership of an entire genre, as opposed to a specific work". [5] They argued that they did not copy the expression but only the 'idea' or the 'genre', which is not copyright-able.

Plaintiff's disposition

Williams stated that the two songs were "completely different", adding "just simply go to the piano and play the two. One's minor and one's major. And not even in the same key". [6] Thicke stated that at the time of recording, he was "high on Vicodin and alcohol when [he] showed up at the studio", and so "[Williams] had the beat and he wrote almost every single part of the song". [7]

Counter-claim

In the counterclaim, Gaye's family argued that the songs were not merely stylistically similar; instead, they claim that "many of the main vocal and instrumental themes of "Blurred Lines" are rooted in "Got to Give It Up"; namely, the signature phrase, vocal hook, backup vocal hook, their variations, and the keyboard and bass lines and "the substantial similarities are the result of many of the same deliberate creative choices made by their respective composers." [8]

Motion for summary judgement

In July 2014, the plaintiff filed for a motion of summary judgment. However, on October 30, 2014, the court denied the motion. [9] Judge John A. Kronstadt, after reviewing competing musicologist reports, found "substantial similarity [between "Blurred Lines" and "Got to Give It Up"] to present a genuine issue of material fact", and that the "signature phrases, hooks, bass lines, keyboard chords, harmonic structures and vocal melodies" in both songs were similar". [10]

Holding

Trial

The trial started in the District Court on February 10, 2015. [11] Plaintiffs filed a successful motion in limine pleading that Gaye's sound recording of "Got to Give It Up" be excluded from being played during the trial. [12] [13] The motion was successful since Marvin Gaye's voice had no relevance in the case. The dispute was limited to the elements from sheet music. Judge Kronstadt stated "I don't expect Gaye's voice to be a part of the case". [14]

The jury was to decide whether "Blurred Lines" infringed upon the following limited elements: i) Signature Phrase ii) Hooks iii) Bass Lines iv) Harmonic Structures, and v) Keyboard Chords. [15] The jury was allowed to hear a limited portion of Gaye's sound recording that substantially reflected the disputed subject-matter. The portion was edited to remove unprotected elements.

On March 10, 2015, the jury unanimously found Thicke and Williams liable for copyright infringement. It awarded a sum of $7.3 million as damages for the infringement to Gaye's family. The amount was reduced by the District Court to $5.3 million, along with 50 percent royalties on future songwriter and publishing revenue of "Blurred Lines". [16]

On January 11, 2016, Gaye's family moved an application for approximately $3.5 million in attorney's fee and costs on the grounds that the jury verdict prevailed on merits, rather than on a technical issue. [16] The Court denied the application and ordered further submissions on the issue of costs.

Appeal

In August 2016, Thicke, Williams and T.I. appealed against the judgement on the grounds that the Gaye family failed to show substantial similarity between the two songs. Later, a number of amicus curiae briefs were filed in support of the appeal by musicians, musicologists and copyright scholars, including John Oates and R. Kelly. [17] The briefs claimed that the judgement would have a deleterious effect on innovation in popular music industry and that the jury's verdict was based on flawed testimony by Gaye's family musical expert. In March 2018, the three-judge panel at the Court of Appeals upheld the District Court's decision 2–1. [18]

Dissent

Appellate Court Judge Jacqueline Nguyen wrote a dissenting opinion. She argued that "Blurred Lines" and "Got to Give It Up" differed in "melody, harmony" and "rhythm" and thus lack extrinsic similarity. She claimed that the judgement allowed for protection over musical style, stating that “[the judgement] establishes a dangerous precedent that strikes a devastating blow to future musicians and composers everywhere". [19]

Subsequent developments

In December 2019, the Gaye estate filed a second attempt for $3.5 million in attorney fees and costs, [20] [21] arguing that Williams had committed perjury in a 2019 interview with GQ where he said he "reverse-engineered" Gaye's song. [22] In February 2021, Judge Kronstadt found insufficient evidence to support a finding of perjury, and dismissed the suit. [22]

Commentary and implication

Copyright scholars and musicians closely followed the case since it directly addressed the question of copyright protection for sheet music elements other than melody, harmony and rhythm. Many scholars have expressed concern that the case can open a Pandora's box of litigation and will cause substantial damage to the music industry, potentially causing a chilling effect. [23] Another concern was that the case was essentially decided by the jury and judge, thus potentially failing the requirement of 'extrinsic test'.

In 2022, music business writer Ted Gioia commented that the decision was a watershed moment for music writers and publishers because of the increased risk of copyright lawsuits and added expense that it caused: "The risks have increased enormously since the "Blurred Lines" jury decision of 2015—with the result that additional cash gets transferred from today's musicians to old (or deceased) artists." [24]

See also

Related Research Articles

<span class="mw-page-title-main">Pharrell Williams</span> American record producer, singer, rapper, and songwriter (born 1973)

Pharrell Lanscilo Williams, sometimes known mononymously as Pharrell, is an American record producer, singer, rapper, and songwriter. Alongside close colleague Chad Hugo, he formed the hip hop and R&B production duo the Neptunes in the early 1990s, with whom he has produced songs for various recording artists. In 1999, he became lead vocalist of the band N.E.R.D., which he formed with Hugo and drummer Shay Haley. Williams has been widely referred to as one of the most influential and successful music producers of the 21st century, having had a significant impact on the sound of modern popular music.

<span class="mw-page-title-main">Star Trak Entertainment</span> American record label

Star Trak was an American record label, founded by the Neptunes and Rob Walker in 2001. It operated as a division of Interscope Geffen A&M, a subsidiary of Universal Music Group. Its name is a reference to the 1960s TV program Star Trek.

<span class="mw-page-title-main">Got to Give It Up</span> 1977 single by Marvin Gaye

"Got to Give It Up" is a song by American music artist Marvin Gaye. Written by the singer and produced by Art Stewart as a response to a request from Gaye's record label that he perform disco music, it was released in March 1977.

<span class="mw-page-title-main">Robin Thicke</span> American singer, songwriter, and record producer

Robin Alan Thicke is an American singer, songwriter and record producer. He is best known for his 2013 hit single "Blurred Lines", which is one of the best-selling singles of all time. At the 56th Annual Grammy Awards, he received nominations for Record of the Year and Best Pop Duo/Group Performance.

<span class="mw-page-title-main">Robin Thicke discography</span>

The discography of American singer Robin Thicke consists of 8 studio albums, 30 singles and 23 music videos. Thicke signed his first recording contract with Interscope Records as a teenager and found success as a songwriter, before he began concentrating on his career as a performer. In 2000, Thicke started recording his debut album, A Beautiful World, which was released in April 2003. The album debuted at number 152 on the US Billboard 200, selling 119,000 copies. The record also peaked at number 36 on the Mega Album Top 100 in the Netherlands. Two singles were released from the album; the first, "When I Get You Alone" became a top ten hit in the Netherlands and New Zealand. That single also peaked at number 17 in Australia and was certified gold by the Australian Recording Industry Association (ARIA). In 2006, Thicke released his second studio album The Evolution of Robin Thicke. The record debuted at number 5 on the US Billboard 200, topped it on the Billboard's Top R&B/Hip-Hop Albums, and became a certified platinum by the Recording Industry Association of America (RIAA). The album also charted in France, the Netherlands, and the United Kingdom. The Evolution of Robin Thicke produced four singles, all of which charted on the Billboard's Hot R&B/Hip-Hop Songs. "Lost Without U" became one of his biggest hits, peaking at number 14 on the US Billboard Hot 100 and spending 11 weeks atop the Billboard's Hot R&B/Hip-Hop Songs.

Music plagiarism is the use or close imitation of another author's music while representing it as one's own original work. Plagiarism in music now occurs in two contexts—with a musical idea or sampling. For a legal history of the latter see sampling.

Substantial similarity, in US copyright law, is the standard used to determine whether a defendant has infringed the reproduction right of a copyright. The standard arises out of the recognition that the exclusive right to make copies of a work would be meaningless if copyright infringement were limited to making only exact and complete reproductions of a work. Many courts also use "substantial similarity" in place of "probative" or "striking similarity" to describe the level of similarity necessary to prove that copying has occurred. A number of tests have been devised by courts to determine substantial similarity. They may rely on expert or lay observation or both and may subjectively judge the feel of a work or critically analyze its elements.

The airplay music charts in South Africa were gathered and published by the company Entertainment Monitoring Africa (EMA), formerly known as Mediaguide South Africa. It is a member of the Times Media Group, under Entertainment Logistics Services (ELS). The company provides a weekly top 10 airplay chart, which is available for viewing by the general public online. A top 100 is available for subscribed users of the company's website. The first top 10 airplay chart under the EMA was issued for May 21, 2013, with its first number one single being "Blurred Lines" by Robin Thicke featuring T.I. and Pharrell Williams. In 2014, the City Press wrote that the EMA charts were "regarded as the industry standard when it comes to tracking what songs are being played on radio". EMA currently monitors 48 radio stations and 8 television stations.

<span class="mw-page-title-main">2013 MTV Video Music Awards</span> Award ceremony

The 2013 MTV Video Music Awards were held on August 25, 2013, at the Barclays Center in Brooklyn, New York. Marking the 30th installment of the award show, they were the first to be held in New York City not to use a venue within the borough of Manhattan. Nominations were announced on July 17, 2013. Leading the nominees were Justin Timberlake and Macklemore & Ryan Lewis with six, followed by Bruno Mars, Miley Cyrus, and Robin Thicke with four. Pop singer Justin Timberlake was the big winner on the night with four awards, including Video of the Year for "Mirrors" and the Michael Jackson Vanguard Award. Macklemore & Ryan Lewis, Bruno Mars and Taylor Swift were also among the winners of the night. The ceremony drew a total of 10.1 million viewers.

<span class="mw-page-title-main">Blurred Lines</span> 2013 single by Robin Thicke

"Blurred Lines" is a song by American singer Robin Thicke featuring fellow American musicians T.I. and Pharrell Williams from the former's sixth studio album of the same name (2013). Solely produced by the latter, it was released as the album's lead single in 2013, through Star Trak Recordings and Interscope Records. For the lyrics, Thicke said the song is about his then-wife Paula Patton. Musically, "Blurred Lines" is an R&B and pop track with instrumentation consisting of bass guitar, drums, and percussion.

<i>Blurred Lines</i> (album) 2013 studio album by Robin Thicke

Blurred Lines is the sixth studio album by American singer-songwriter Robin Thicke. It was first released in Germany on July 12, 2013, and released in the United States on July 30, 2013, by Star Trak Entertainment and Interscope Records. The album features guest appearances from T.I., Pharrell, Kendrick Lamar and 2 Chainz. will.i.am also features as a guest writer on the track "Give It 2 U" and also serves as a producer on the tracks "Feel Good" and "Go Stupid 4 U".

<span class="mw-page-title-main">LoveHate Thing</span> 2013 single by Wale featuring Sam Dew

"LoveHate Thing" is a song by American hip hop recording artist Wale featuring vocals from Roc Nation singer Sam Dew. It was co-written by both artists, along with Antonio Palmer and Mint Condition's Stokley Williams, who also co-produced the song with Dew and Tone P. It was released on May 21, 2013 as the second single from his third studio album The Gifted (2013).

<span class="mw-page-title-main">Give It 2 U</span> Robin Thicke song

"Give It 2 U" is a song by American singer-songwriter Robin Thicke from his sixth studio album, Blurred Lines (2013). It was written and produced by Dr. Luke and Cirkut, with additional writing by Thicke, the featured artist Kendrick Lamar, and will.i.am. Originally titled "Give It to Me", a demo version of the song premiered on the radio show Sway in the Morning on May 2, 2013. Featuring guest vocals from Lamar, it was released as the third single from the album on August 27, 2013. "Give It 2 U" is an uptempo hip hop and electropop song with elements of dubstep. Lyrically, Thicke sings about sexually pleasing a partner.

Bridgeport Music is a music publishing company founded in Michigan by Armen Boladian in 1969. It controls the copyrights to recordings by George Clinton and Funkadelic. Bridgeport Music has filed lawsuits for copyright infringement via sampling against hundreds of defendants under the federal copyright statute, 17 U.S.C., leading to them to being often described as a "Sample troll". Among others, Bridgeport has sued for sampling infringements in popular music produced by Public Enemy, N.W.A, Jay-Z and The Notorious B.I.G. - a case in which the jury awarded Bridgeport more than $4 million in damages.

<span class="mw-page-title-main">Word Crimes</span> 2013 song by "Weird Al" Yankovic

"Word Crimes" is a song by American musician "Weird Al" Yankovic from his fourteenth studio album, Mandatory Fun (2014). The song is a parody of the 2013 single "Blurred Lines" by Robin Thicke, featuring Pharrell Williams and T.I. The song spoofs misuse of proper English grammar and usage, reflecting Yankovic's own rigor for proper syntax and semantics. Yankovic chose a topic that would be distinct from those used in many pre-existing parodies, and that would avoid the misogyny issues that had arisen from the source material.

The 2013 Soul Train Music Awards ceremony took place on December 1, 2013 at the Orleans Arena in Paradise, Nevada and was hosted by comedian and actor Anthony Anderson. The ceremony was aired on BET and Centric and included special tributes to Dionne Warwick, who received the Soul Train Legend Award and Keith Sweat given the Lifetime Achievement Award.

Peter Oxendale is an English forensic musicologist and an expert witness on copyright infringement in music. He was involved as an expert in the notable Blurred Lines lawsuit. He was a keyboardist in the glam rock bands Sparks and Jet and musical director for Chris de Burgh. Oxendale also played keyboards on Ian Hunter's Overnight Angels album in 1977. He also played keyboards for the new wave bands Dead or Alive and Frankie Goes to Hollywood. In 1983, he served as touring keyboardist for John Foxx. In 1983/4, he appeared numerous times on Top of the Pops as part of Bonnie Tyler's band on her long running number one hit "Total Eclipse of the Heart".

"Get Free" is a song by American singer and songwriter Lana Del Rey from her fifth studio album, Lust for Life (2017). The song was written by Del Rey, Rick Nowels, and Kieron Menzies, all of whom produced the song with Dean Reid. Del Rey performed the song various times, most notably on her LA to the Moon Tour in 2018.

<span class="mw-page-title-main">Betty (Get Money)</span> 2022 single by Yung Gravy

"Betty (Get Money)", also referred to as just "Betty", is a song by American rapper Yung Gravy, released through Republic Records on June 10, 2022, as the lead single from his third studio album, Marvelous. It was written by Yung Gravy and produced by Nick Seeley, Dillon Francis and Dwilly, along with the credit for its prominent interpolation of Rick Astley's "Never Gonna Give You Up". The song and its music video, featuring Yung Gravy dancing in a white fur coat, went viral on TikTok shortly after its release, being used in over 300,000 videos.

References

  1. ↑ "Williams v. Gaye" (PDF). August 15, 2013. Retrieved July 17, 2021.
  2. ↑ "Audio and Video". www.ca9.uscourts.gov. Retrieved June 20, 2020.
  3. ↑ "Williams v. Gaye, No. 15-56880 (9th Cir. 2018)". Justia Law. Retrieved June 20, 2020.
  4. ↑ "Blurring Lines? The Practical Implications of Williams v. Bridgeport Music". www.americanbar.org. Retrieved June 20, 2020.
  5. ↑ "Robin Thicke's Song Sounds Like Marvin Gaye. So He's Suing Gaye's Family". NPR.org. Retrieved June 20, 2020.
  6. ↑ Murrow, Emerald (September 13, 2013). "Pharrell Talks about Battle Over Blurred lines". ABC News . Archived from the original on September 21, 2013.
  7. ↑ "Robin Thicke Admits Drug Abuse, Lying to Media in Wild "Blurred Lines" Deposition (Exclusive)". The Hollywood Reporter. September 15, 2014. Retrieved June 20, 2020.
  8. ↑ "Pharrell Williams, et al. v. Bridgeport Music, et al. [INPLAY] | Music Copyright Infringement Resource". blogs.law.gwu.edu. Retrieved June 20, 2020.
  9. ↑ "Williams v. Bridgeport motion for summary judgment" (PDF). October 30, 2014. Retrieved July 17, 2021.
  10. ↑ "Williams et al. v. Bridgeport Music Inc | Fish". www.fr.com. November 14, 2014. Retrieved June 20, 2020.
  11. ↑ "Robin Thicke, Pharrell Williams lose first round in 'Blurred Lines' case". Los Angeles Times. October 30, 2014. Retrieved June 20, 2020.
  12. ↑ "Motion in limine" (PDF). Retrieved July 17, 2021.
  13. ↑ "Will a Jury Get to Hear Marvin Gaye Sing at the 'Blurred Lines' Trial Next Month?". The Hollywood Reporter. January 6, 2015. Retrieved June 20, 2020.
  14. ↑ "Marvin Gaye Recordings Barred From 'Blurred Lines' Trial - Law360". www.law360.com. Retrieved June 20, 2020.
  15. ↑ PJuhasz (June 29, 2015). "Blurred Lines Copyright Infringement - Patent Preemption". Juhasz Law. Retrieved June 20, 2020.
  16. 1 2 "Williams v. Bridgeport Music, Inc. | Publications | Loeb & Loeb LLP". www.loeb.com. Retrieved June 20, 2020.
  17. ↑ "Amici curiae briefs" (PDF). Retrieved July 17, 2021.
  18. ↑ "Robin Thicke, Pharrell Williams copied from Marvin Gaye in Blurred Lines, court confirms". Australian Broadcasting Corporation. March 22, 2018. Retrieved July 17, 2021– via Associated Press.
  19. ↑ Editor, Staff. "Williams v. Gaye Rules that Blurred Lines Infringes on the Copyright in "Got to Give it Up"" . Retrieved June 20, 2020.{{cite web}}: |last= has generic name (help)
  20. ↑ "Gaye relief" (PDF). Retrieved July 17, 2021.
  21. ↑ Aquilina, Tyler (February 13, 2021). "Pharrell Williams Did Not Commit Perjury in 'Blurred Lines' Case, Judge Rules". People. Retrieved July 17, 2021.
  22. 1 2 Langford, Jackson (February 15, 2021). "Court finds Pharrell Williams didn't commit perjury in 'Blurred Lines' case". NME. Retrieved July 17, 2021.
  23. ↑ "Ninth Circuit says 'Blurred Lines' Infringed Marvin Gaye's 'Got To Give It Up'". IPWatchdog.com | Patents & Patent Law. March 21, 2018. Retrieved June 20, 2020.
  24. ↑ Gioia, Ted. "Is Old Music Killing New Music?". The Honest Broker. Retrieved February 8, 2022.

Further reading

This page is based on this Wikipedia article
Text is available under the CC BY-SA 4.0 license; additional terms may apply.
Images, videos and audio are available under their respective licenses.