Back in March, Marvin Gaye’s estate was awarded $7.4 million in their lawsuit against “Blurred Lines” creators Robin Thicke and Pharrell for its illegal sampling of Gaye’s “Got To Give It Up.” Since then, both Thicke and Pharrell had their lawyers put in a request for a retrial, on grounds that there were flaws all throughout the trial, from jury instructions, to improper testimony from a musicologist, lack of evidence to support a finding that the two songs were substantially similar and more. Unfortunately, a judge has denied the request. However, there is some silver lining here.
U.S. District Judge John Kronstadt ruled has reduced the required payout from $7.4 million to $5.3 million, which is better for all parties. There’s a bad part here too, though. They’ve now decided to hold T.I. and the record labels responsible as well (as previously it was only Thicke and Pharrell who had to pay,) and now Tip will have to pay about $358k of the approximately $700,000 he’s earned from the song.
The judge also denied the Gaye family’s request that the song be removed from distribution outlets…BUT, he did award then an ongoing royalty rate of a whopping 50% of songwriter and publishing revenues. Statements from both Pharrell’s camp and the Gaye camp below. Let us know your thoughts!
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From the Gaye’s attorney:
[We are] thrilled with the decision by the Court not only affirming the decision of the jury that Mr. Thicke and Mr. Williams committed copyright infringement, but also the decision holding [T.I.] and Universal liable as well. As far as reduction of damages, we are reviewing that, and the Court’s analysis on that issue, and will be discussing internally our options.”
From Pharrell’s attorney:
“While we certainly respect the diligence and care devoted by the court throughout these proceedings, we must agree to disagree on the conclusions. We look forward to exercising our further remedies and ultimately achieving clarity on the difference between inspiration and copyright infringement.”
Source: XXL
