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Blurred Lines and Gaye Copyrights

2023; RELX Group (Netherlands); Linguagem: Inglês

10.2139/ssrn.4422758

1556-5068

Sabrina Banks,

Intellectual Property Law

Copyright is a type of intellectual property that protects original works of authorship as soon as an author fixes the work in a tangible form of expression. An individual’s work is under copyright protection the moment it is created and fixed in a tangible form that it is perceptible either directly or with the aid of a machine or device. Copyright infringement occurs when a copyrighted work is reproduced, distributed, performed, publicly displayed, or made into a derivative work without the permission of the copyright owner.This casenote seeks to explore copyright basics, the historical development of the copyright law as well as landmark cases to evolution of copyright law and how it appears in the music industry today. This casenote also delves into Robin Thicke & Pharrell Williams v. Marvin Gaye, which is one of the most notable copyright infringement cases in history. Additionally, it analyzes the forementioned case while the conclusion will explore what the ruling in this case means for future creators and pending copyright cases. The author uses other landmark copyright cases to show significant rulings on copyright issues and its impact on creativity and the creative process. Placing emphasis on the dissenting opinion, she concludes that the ruling in Thicke v. Gaye seems to draw a fine line between inspiration and infringement. In fact, it seems to leave very little room for inspiration.