It is my opinion as a copyright law matter that this “Blurred Lines” decision will be overturned on appeal.
The genre or musical style of a song is not protectable under copyright law - the lyrics, the melody and the harmony may be, but that was not the allegation in this case. The claim was that defendants copied the style of the Marvin Gaye song, and I do not believe that legal threshold would be upheld on appeal as a matter of copyright law (although a jury might not understand that concept).
This is the only copyright infringement lawsuit ever in which no melody, harmony, rhythm or lyrics were copied. The “that songs reminds me of another song” would be a new legal standard. If this is the new threshold for copyright infringement, then a lot of modern artists (like Bruno Mars, etc.) as well as 60s British artists (from the Beatles to Led Zeppelin) could be in trouble.
Wallace Collins is an entertainment and intelletcual property lawyer based in New York with more than 30 years of experience. He was a recording artist for Epic Records before receiving his law degree from Fordham Law School. Tel: (212) 661-3656. www.wallacecollins.com