Jim Britt/Michael Ochs Archive/Getty ImagesA federal appeals court Wednesday sided with the late Marvin Gaye‘s family, saying Robin Thicke and Pharrell Williams’ “Blurred Lines” did infringe on Gaye’s song “Got to Give It Up,” according to The Hollywood Reporter.
In a divided decision, the 9th U.S. Circuit Court of Appeals mostly upheld a 2015 ruling that granted $5.3 million to the family of Marvin Gaye, citing the 1909 Copyright Act. The court ruled Gaye’s song is “entitled to broad copyright protection because musical compositions are not confined to a narrow range of expression.” The decision rejects the request to overturn a 2015 jury verdict or schedule a new trial.
The Gaye estate is also entitled to 50-percent royalties from “Blurred Lines” forever. Meanwhile, Wednesday’s decision marked a victory of sorts for T.I., who contributed to one verse in “Blurred Lines.” The rapper was found not personally liable and not responsible for damages.
Judge Jacqueline Nguyen wrote in her dissent that the decision may be may be harmful to future artists and creativity.
“The majority allows the Gayes to accomplish what no one has before: copyright a musical style,” Nguyen wrote. “‘Blurred Lines’ and ‘Got to Give It Up’ are not objectively similar. They differ in melody, harmony, and rhythm. Yet by refusing to compare the two works, the majority establishes a dangerous precedent that strikes a devastating blow to future musicians and composers everywhere.”
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