'Blurred Lines' Appeal Brief Says Artists Can't Copyright a Groove
publish date: 2017-04-26
"A 'groove' or 'feeling' cannot be copyrighted, and inspiration is not copying."
Lines have been drawn in the copyright battle between Marvin Gaye's heirs and artists Pharrell Williams and Robin Thicke -- and they certainly aren't blurred.
Since Williams and Thicke appealed their 2015 trial loss, in which a jury found their "Blurred Lines" infringed upon Gaye's "Got to Give It Up," scores of musicians and songwriters have pledged their support to one side or the other.
Now, in the latest filing, attorneys for the duo are asking the 9th Circuit to determine whether a "groove" is protectable and if a judge should have ended this fight himself instead of sending it to a jury.
"[T]he two songs in this case are not the same, and the district court should have granted summary judgment," states the brief filed Monday. "Rather than address the fatal flaws in their musicology evidence, the Gayes attempt to distract the court with irrelevant issues and assert a copyright in musical elements beyond those found in their copyrighted work, which is the lead sheet (and not the sound recording) to Marvin Gaye’s musical composition 'Got To Give It Up.'"