New ‘Blurred Lines’ trial rejected but damages cut
A US judge has rejected calls for a re-trial in a copyright dispute that saw Robin Thicke and Pharrell Williams, the writers of hit song “Blurred Lines”, fined $7.3 million, but has cut the damages award that the pair was forced to pay.
In a judgment handed down yesterday, July 14, at the US District Court for the Central District of California, Judge John Kronstadt reduced the fine to $5.3 million for infringing copyright protecting Marvin Gaye’s 1977 song “Got To Give It Up”.
However, Kronstadt rejected calls by Thicke and Williams for a new trial and also dismissed calls by the family of the late soul singer Gaye to place an injunction against “Blurred Lines”.
Following the original trial, which culminated in March 2015, Williams and Thicke were found liable for breaching the copyright to Marvin Gaye’s hit.
Gaye died in 1984, leaving the copyright protecting his music to his family. His children—Nona, Frankie and Marvin Gaye III—sued Thicke and Williams in 2013.
The family was awarded $7.3 million in total and it was revealed during proceedings that sales of “Blurred Lines” exceeded $16 million, with Thicke and Williams having made more than $5 million each.
In May 2015, two months after the trial concluded, both parties filed post-trial motions.
Thicke and Williams asked for a new trial as well as a remittitur, in which they asked for the damages to be lowered.
The Gaye family asked for an injunction against the song and a declaration that music producer Clifford Harris should also be liable for infringement. In a reversal from the previous ruling, Kronstadt said that Harris, who goes by the name T.I, should be liable for infringement. Harris’s part, a rapped segment, was added after the song’s production.
Record labels Interscope and Universal were found liable for their distribution of the song in the latest decision despite being cleared in March.
The three companies will have to pay a continuing royalty rate of 50% of songwriter and publishing revenues.
Richard Busch, an attorney at law firm King & Ballow and who represented Gaye’s family in the case, told WIPR: “Obviously, we are thrilled with the decision by the court not only affirming the decision of the jury that Thicke and Williams committed copyright infringement, but also the decision holding Harris and Universal liable as well.
“As far as the trimming of damages, we are reviewing that as well as the court’s analysis on that issue, and will be discussing internally our options.”
Howard King, a partner at law firm King, Holmes, Paterno & Berliner and who represented Williams and Thicke, said: “Pharrell, Robin and T.I composed 100% of 'Blurred Lines'. The notes, chords, harmonies, lyrics and melodies differ from any other work.
“For the benefit of the entire songwriting community, we will pursue all remedies to correct this decision and obtain confirmation that composers are allowed, and even encouraged, to be inspired by their predecessors.”
