Marvin Gaye's estate insists that "Blurred Lines," the top song of 2013 by Robin Thicke and Pharrell Williams, is unmistakably similar to the soul singer's "Got To Give It Up," and indeed many who listen to the tracks will be able to hear the likeness. However, a judge has ruled that jurors in the case won't be able to listen to the two songs as part of their deliberations...which hardly seems fair but there is legal reasoning behind it.
District Judge John Kronstadt researched the claims made by the Gaye estate and decided, by way of the 1909 Copyright Act, that the family had not made the "necessary deposits" (from The Hollywood Reporter) at the Copyright Office to justify complaints regarding recording rights. Instead, they'll have to rely on publication rights to make their case. This means that jurors will be able to compare the actual printed music, and even heard it performed in person on a piano or similar, but they won't be able to listen to the actual 1977 and 2013 recordings, respectively.
"[Thicke and Williams] filed motions asking the court to prohibit the playing of Marvin Gaye's song, which prevents the jury from comparing the songs," said Gaye family attorney Richard Busch. "We know of no similar case where this has occurred, and do not believe that a truly fair trial can take place if the jury cannot hear and compare both songs. We are currently exploring all of our options."
He's got a point: There is no legal precedent for Kronstadt's decision. That doesn't mean it will be overturned however. If it goes through, it may be best legal defense that defendants can employ during music copyright lawsuits in the future.
Theoretically, jurors wouldn't be allowed to listen to the two songs outside of the court and use that as evidence when they vote. Tough to prevent however.
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