‘Blurred’ verdict appeal is backed
More than 200 musicians have signed a legal brief supporting Pharrell Williams’ appeal of the $5.3-million judgment handed down against him and Robin Thicke in 2015 after a jury decided that their hit “Blurred Lines” was lifted from Marvin Gaye’s 1977 song “Got to Give It Up.”
That verdict stunned many in the music industry, among them music mogul Irving Azoff, who noted that such cases typically are decided by music experts, not juries, because they can involve nuanced elements of music theory and composition.
The friend of the court brief argues that the “Blurred Lines” verdict was flawed and that if it remains on the books it would create a profound chilling effect in the creative community because the similarities between the “Blurred Lines” and “Got to Give It Up” had more to do with the general feel rather than specific musical elements in common.
The diverse collective of 212 musicians supporting the appeal coming before the U.S. 9th Circuit Court include Earth Wind & Fire’s Philip Bailey and Verdine White, composer Hans Zimmer, “American Idol” alumna Katharine McPhee, members of Three 6 Mafia, the Go-Go’s and Linkin Park, Train’s Patrick Monahan and Fall Out Boy’s Patrick Stump.
These musicians, the filing states, “are concerned about the potential adverse impact on their own creativity, on the creativity of future artists, and on the music industry in general, if the judgment in this case is allowed to stand. The verdict in this case threatens to punish songwriters for creating new music that is inspired by prior works.
“Such a result, if allowed to stand, is very dangerous to the music community,” the brief states.
Entertainment lawyer and musician Joe Escalante, a member of the group the Vandals, said last year, “This may put a smile on the Gaye family’s face, but it’s a dark day for creativity, and in the end, this will be a net loss for music fans.”
The jury’s award of $7.4 million to Gaye’s heirs was later reduced to $5.3 million.
Los Angeles attorney Edward McPherson filed the amici curiae brief, which states that it was not commissioned or paid for by Williams or his legal team.
In June, the jury in another high-profile copyright infringement case ruled that Led Zeppelin did not steal from L.A. rock band Spirit’s 1968 song “Taurus” when the members wrote “Stairway to Heaven.”