A History of the “Blurred Lines” Case: Copyright Infringement in the Music Industry

Abstract

The high-profile copyright infringement trial featuring Robin Thicke’s 2013 international hit single “Blurred Lines” raised significant issues regarding the borderline between musical influence and straightforward copying of a commercially successful composition. Thicke and his collaborators—co-writer and producer Pharrell Williams and rapper T.I.—allegedly infringed on Marvin Gaye’s 1977 chart-topping single “Got to Give It Up (Pt.1).” Immediately after the release of “Blurred Lines” in March 2013, numerous print and online observers highlighted significant similarities with Marvin Gaye’s song that were also recognized by the legendary singer’s family. Due to the unusual circumstance of the alleged infringers initiating pre-emptive legal action later that year by suing the party whose property was affected, Thicke and his associates are effectively the plaintiffs in this case while the Gaye family members are the defendants. Critics of the Gaye family’s contention argued that any verdict against Thicke and his associates (also referred to as the Thicke Parties) would unduly limit musical creativity by restricting the scope of composition to exclude similarities to pre-existing copyrighted works. Conversely, the Gaye family contended that any failure by the court to recognize the sanctity of their intellectual property would open the floodgates to irresponsible and unauthorized misuse of copyrighted works. Victory in the case by Marvin Gaye’s estate has established a new threshold of copyright infringement liability in popular music, demonstrated in cases emerging since the “Blurred Lines” verdict. How does this legal decision ultimately affect the compositional freedom of active songwriters and producers, and how does it protect the intellectual property of song authors whose work has already reached wide audiences?

This case was prepared for inclusion in Sage Business Cases primarily as a basis for classroom discussion or self-study, and is not meant to illustrate either effective or ineffective management styles. Nothing herein shall be deemed to be an endorsement of any kind. This case is for scholarly, educational, or personal use only within your university, and cannot be forwarded outside the university or used for other commercial purposes.

2024 Sage Publications, Inc. All Rights Reserved

You are not authorized to view Teaching Notes. Please contact your librarian for instructor access or sign in to your existing instructor profile.

Resources

Robin Thicke, Pharrell Williams, & T.I. (2013) “Blurred Lines” music video: https://www.youtube.com/watch?v=yyDUC1LUXSU.

Marvin Gaye (1977) “Got to Give It Up” audio: https://www.youtube.com/watch?v=fp7Q1OAzITM.

This case was prepared for inclusion in Sage Business Cases primarily as a basis for classroom discussion or self-study, and is not meant to illustrate either effective or ineffective management styles. Nothing herein shall be deemed to be an endorsement of any kind. This case is for scholarly, educational, or personal use only within your university, and cannot be forwarded outside the university or used for other commercial purposes.

2024 Sage Publications, Inc. All Rights Reserved

locked icon

Sign in to access this content

Get a 30 day FREE TRIAL

  • Watch videos from a variety of sources bringing classroom topics to life
  • Read modern, diverse business cases
  • Explore hundreds of books and reference titles