Posted by Van Osdol & Magruder
Robin Thicke’s controversial song “Blurred Lines” recently made headlines again when Marvin Gaye’s estate and Bridgeport Music, owners of the songs, “Got to Give it Up” and “Sexy Ways” respectively, threatened copyright infringement litigation based on similarities between the hit songs. The action sparked online discussion about copyright law and the validity of intellectual property.
A Forbes article on the subject explored the various ways copyright law and copyright infringement can be interpreted. The writer made mention of two tests courts consider when determining if copyright infringement has taken place:
1. Copying of a prior work; and
2. A substantially similarity to the prior work sufficient to constitute improper appropriation
Various degrees of ambiguity exist in both tests. Copying can be determined by direct evidence, such as a party’s admission, or by circumstantial evidence. Evidence of access and similarity are also taken into account, especially if the works in question bear an unquestionable resemblance. According to Forbes, proof of copying, while necessary, isn’t sufficient evidence to determine whether a copyright infringement has taken place.
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