1. What seemed to be important in "Blurred Lines" being found to be copyright in- fringement? 2. What did the lawyers for each side argue in the Blurred Lines copyright case? 3. What did the jury conclude in the Blurred Lines case? 4. How was it differ- The case has prompted debat...
1 what seemed to be important in blurred lines being found to be copyright in fringement 2 what did the lawyers for each side argue in the blurred lines copyright case 3 wha
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JMC-4803 Media Law Exam 3
JMC-4803 Media Law Exam 3
JMC-4803 Media Law Exam 3
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JMC-4803 Media Law Exam 3
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1. What seemed to differ-
be important in
"Blurred Lines"
being found to
be copyright in-
fringement?
2. What did the
lawyers for
each side argue
in
the Blurred
Lines copyright
case?
3. What did the
jury conclude
in
the Blurred
Lines case?
4. How was it
1/
, JMC-4803 Media Law Exam 3
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case has arguedthat the similarity be- tween the songs —
prompted debate in both are upbeat dance tunes featuring lots of
music and copy- partylike atmospherics — was slight, and had
right circles about more to do with the evocation of an era and a
the difference feeling than the mimicking of specific musical
between themes that are protected by copyright.
plagiarism and
homage, as well as Gaye Family:
what impact the But speaking to reporters after the verdict was
verdict would have announced, Richard S. Busch, a lawyer for the
on how musicians Gaye family, portrayed the ruling as a refutation
create work in the of that view.
future.
"Throughout this "Throughout this case they made comments
case they made about how this was about a groove, and how this
comments about was about an era," Mr. Busch said. "It wasn't. It
how this was about was about the copyright of 'Got to Give It Up.' It
a groove, and how was about copyright infringement."
this was about an
era," Mr. Busch The jury decided that while "Blurred Lines"
said. "It wasn't. It infringed on the copyright of "Got to Give It Up,"
was about the Mr. Thicke and Mr. Williams had not done so
copyright of 'Got to willfully. Clifford Harris Jr., better known as T. I.,
Give It Up.' It was who contributed a rap in the song, was found not
about copyright liable. According to an accounting statement read
infringement." in court and attested to by both sides, "Blurred
Lines" has earned more than $16 million in profit.
Thicke/Williams:
Mr. Thicke's "The case was unusual not only for its large
lawyers had damages
ent for a case like award but for the fact that it reached the level of
a jury
the Blurred verdict at all. Music executives and legal experts
Lines said that while accusations of plagiarism — and
accompanying
2/
, JMC-4803 Media Law Exam 3
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case to reach demands for credit and royalties — are
tri- al? common in the music industry, it is rare for a
case to progress so far.
"Music infringement claims tend to be settled
early on, with financially successful defendants
doling out basically extorted payoffs to potential
plaintiffs rather than facing expensive, protracted
and embarrassing litigation," said Charles Cronin,
a lecturer at the Gould School of Law at the
University of Southern California, who specializes
5. What seemed in music copyright."
to be impor-
tant in "Stair- The jury found that, although Mr. Page and Mr.
way to Plant
Heaven" had access to "Taurus" before the release of
NOT being found "Stairway to Heaven," the two songs' original
to be copyright elements did not contain enough similarities.
infringement — Before reaching the verdict on Thurs- day, the
in comparison to jury asked to listen to audio recordings of the
the Blurred introductions to both songs twice.
Lines case?
The trial was the second major case in a year to
in-
volve copyright issues and the music industry,
after Robin Thicke and Pharrell Williams were
ordered to pay $5.3 million to the family of
Marvin Gaye over their 2013 hit "Blurred Lines."
6. How does That case, which has been appealed, has led to a
Antho- ny wide debate in the music world over the limits of
Falzone ex- plain copyright protection, and whether the musical
Fair Use? elements of homage — a song's atmospherics,
rhythms and overall "feel" — can cross the line
into infringement.
He says, "If you think about copyright as a series
of re- strictions, fair use is a set of exceptions. It
protects your right to use copyrighted material in
certain ways and it's not a trivial little technicality
3/
, JMC-4803 Media Law Exam 3
Study online at
—it'sahttps://quizlet.com/_asmmcg
fundamental part
of the copyright
bargain. We don't
give copyright
owners unlimit- ed
control over their
content—we
preserve a whole
variety of uses and
things that people
get to do with
copyrighted
content without
permission. And
fair use is really,
above all else, a
set of factors and
considerations that
help us figure out
which things we
carve out of the
copyright
monopoly, and
which things we
let people do
without
permission."
4/
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