• Skip to primary navigation
  • Skip to main content
  • Skip to footer

Van Osdol

  • Our Services
  • Our Team
  • About Van Osdol
    • Mission and Vision
    • Firm History
  • News
  • Contact
    • Careers
  • Pay Bill

What Does Copyright Law Mean Today: Robin Thicke Makes National Headlines

Intellectual Property September 20, 2013

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.

If you have any questions about intellectual property or copyright law, visit our website or see our attorneys today.

Tags: copyright infringement, copyright law, declaratory relief, entertainment, estate, forbes, injunctions, intellectual property, lawsuits, Litigation, marvin gaye, music, pop culture, robin thicke

Footer

Locations

Kansas City

Overland Park (by appointment only)

Contact Us

News

Who’s Your Momma?

Grandpa’s Oil

Kansas City Law Firm Discusses History of Local Streetcar

News

Legal Netlink Alliance

Lawyers Netlink Alliance

© Van Osdol, PC. All rights reserved.

The choice of a lawyer is an important decision and should not be based solely upon advertisements.

Disclaimer & Privacy