After a jury ruled that Robin Thicke, Pharrell Williams, and T.I.'s hit song "Blurred Lines" had copied Marvin Gaye's "Got to Give It Up", Thicke and Williams' lawyer implied that the decision would be appealed. Billboard reports that the "Blurred Lines" team are pushing for a new trial.
In a new motion presented Friday, Thicke and Williams' lawyers argued that in the initial trial, there were errors in jury instructions, improper testimony from a musicologist, and insufficient evidence. They also claim that the jury's verdict is inconsistent since T.I. was not found liable for copyright infringement.
One issue raised was that the copyright should be based purely on the sheet music for "Got to Give It Up". It's argued that since the jury heard Thicke's statements about how Gaye's "groove" and "feel" influenced the song—elements not included in printed sheet music—the lawyers argue that it's "prejudicial and irrelevant" information. They also argue that since sheet music was the basis of the lawsuit, musicologist Judith Finell's testimony on the similarities between the two recordings was "extremely prejudicial".
It's also argued that the $7.4 million awarded to the Gaye family was double the profit Williams made from the song. They argue that since "the elements of ['Got to Give It Up'] claimed to have been copied amount to less than 5% of the ['Blurred Lines'] composition," the judge should slash the award to under $680,000.
The Gaye family also filed motions on Friday. In one, they argue that Interscope, UMG, and other companies should be held accountable. In another, they seek an injunction to stop distribution of the song. If that doesn't happen, the Gaye family are asking for over 50% of all future revenues.
The judge will consider the motions at a hearing scheduled for June 29.
Read Damon Krukowski's op-ed on the Thicke/Gaye lawsuit, "Plagiarize This".
via Evan Minsker
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