Singer-songwriters Robin Thicke, Clifford “T.I.” Harris and Pharrell Williams’ song “Blurred Lines” was released in 2013 and quickly climbed the charts to become the longest-running No 1 single of 2013. Unfortunately for Thicke and Williams, their success hit a sour note when the estate of legendary rhythm and blues artist Marvin Gaye received a $7.4 million jury verdict for copyright infringement. Additionally, the estate has since requested that all future sales of the song be enjoined.
On Aug. 15, 2013, after threats from the Gaye estate, Thicke and Williams sought declaratory judgment that “Blurred Lines” did not infringe Gaye’s 1977 hit, “Got to Give It Up.” The Gaye estate counterclaimed for copyright infringement. To establish that “Blurred Lines” infringed “Got to Give it Up,” the estate was tasked to prove by a preponderance of a doubt that (1) a valid copyright existed; and (2) there was copying of constituent elements of the infringed work that were original. In other words, there must be substantial similarity between the two works.
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