Blurred Lines — Where Copyright Ends and Cultural Appropriation Begins — The Case of Robin Thicke versus Bridgeport Music, and the Estate of Marvin Gaye

27 Pages Posted: 13 Mar 2015 Last revised: 27 Nov 2015

Date Written: 2014

Abstract

This article covers the copyright theft lawsuit brought by the family of the great soul singer, Marvin Gaye, against singer/songwriters Robin Thicke and Pharrell Williams over their hit, “Blurred Lines”. The case goes to the very heart of how we define what is creative and innovative, the very things that US copyright law is supposed to protect. Courts in the US tend to favor European-influenced melodies over harmonic progressions and African-American influenced rhythms in copyright theft cases. The article explores how this phenomenon has the potential to allow for certain forms of unfair cultural appropriation to take place, and makes some preliminary predictions about the ultimate outcome of the case.

Note: Readers and others who download this paper should only use it for nonprofit research and teaching purposes, and give attribution to the author if you quote from it. Contact the author if you prefer other uses.

Keywords: Copyright, Robin Thicke, Pharell Williams, Marvin Gaye, Blurred Lines, Innovation, Creativity, Race, Cultural Appropriation

JEL Classification: J82, O34, O31, O38, K10, K19, K39

Suggested Citation

Lester, Toni, Blurred Lines — Where Copyright Ends and Cultural Appropriation Begins — The Case of Robin Thicke versus Bridgeport Music, and the Estate of Marvin Gaye (2014). Hastings Communications and Entertainment Law Journal, Vol. 36, No. 2, 2014 (pp. 217-242). Available at SSRN: https://ssrn.com/abstract=2576016

Register to save articles to
your library

Register

Paper statistics

Downloads
763
Abstract Views
2,925
rank
31,775
PlumX Metrics