It has almost been a year since the jury found that Robin Thicke and Pharell Williams’ hit, “Blurred Lines,” infringed on the copyright to Marvin Gaye’s, “Got to Give it Up.” The Gaye estate is now seeking an additional $3.5 million in attorney fees. Included in that number is the cost of hiring three musicologists before the Gaye estate’s attorneys settled on Judith Finell. One of the musicologists, whose fees the estate is seeking, is Gerard Eskelin, who reported that he did not find substantial similarity in the two songs. Another, Dr. Lawrence Ferrara, was also asked to submit a report but Gaye’s attorneys sequestered Dr. Ferrara’s report before it was made available. There are several musicologists and attorneys who think the jury got it wrong in this case. They are hoping for Thicke and Williams to appeal in order to avoid, what they see as, possible negative repercussions in future copyright litigation.
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Chandler Howell is an Entertainment and Sports Highlight Contributor for the Harvard Journal of Sports and Entertainment Law and a current first year student at Harvard Law School (Class of 2018).
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