1. U.S. Copyright law & tHE MUSIC INDUSTRY
Williams v. Gaye
Introduction:
Good afternoon, today I hope educate you all on some major legal controversies on the music industry. As I assume that you are avid listeners of your favorite musicians, and today I would like to expose some of the most challenging methods that artists have been subject to protect their creativity. F

2. Presentation Outline Vocabulary Williams v. Gaye
U.S. Copyright Law & Music
Media Coverage
Listening
Legacy and Landmark Decision
Discussion Questions
Other Issues
Other Copyright Issues
First I will introduce some pertinent vocabulary words to this case
Next I will provide the background of the case
Then discuss US Copyright Law and music
Following that we will view media coverage regarding opinions from both sides
Then we will explore the landmark decisions
Then, a series of critical questions and thinking points
Lastly, we will view each song and make our own decision.

3. Music inDUSTRY law& vOCABULARY
1. Copyright Law – covers the “form of material expression, or a person’s exclusive right to reproduce, publish, or sell his/her original work of authorship, most notably explained by the US Copyright Law.
2. Infringement (copyright)-when copyrighted work is produced, distributed, performed, publicly displayed, or made into a derivative work without the permission of the copyright owner.
3. Fair Use- legal doctrine that promotes freedom of expression by permitting the unlicensed use of copyright-protected works in certain circumstances (i.e. criticisms, comments, news reporting, teaching, scholarship, or research).
4. Sampling – the technique of digitally encoding music or sound and reusing it as part of a composition or recording
5. Notation – a system used to visually represent aurally perceived music played by instruments or sung by human voice through the use of written, printed, or otherwise produced symbols.
6. Sheet Music- written musical notation on specific lined paper produced with ISBN number.
7. ISBN Number- the International Standard Book Number is administered by the R.R.Bowker company. It is a numerical identifier intended to assist the international community in identifying and ordering certain publications.
8. Musical ”groove”-as mentioned by Pharrell in his questioning, it is normally used to describe a musical style or genre.
9. Intellectual property- separate and distinct from the law of tangible property, it describes the incentive to authors and inventors to produce works for the benefit of the public by regulating the public’s use of such works for compensation.
10. Royalties- a payment to an owner for the ongoing use of their asset or property, such as patents, copyrighted works, or natural resources.
Note that although it covers the material form of expression, it fails to cover the actual concepts, ideas, and techniques, or facts of a particular work. This suggests that copyright material must be handled or fixed in a tangible form to receive protection
As taken from the US Copyright Office
3. As defined by the US Copyright Office Definitions, and updated in 2016 the “read definition”…
4. It is legal, however generally, you need to get permission from both the owner of the sound recording and the copyright owner of the musical work. Assuming you have the permission to use the music, you can leverage it in your own sound recording.
5. A key identifier and defense mentioned by both sides, stating that sheet music proves different than produced sound.
6. Draw staff on the board with important parts, key signature, time signature, 5 lines and notes. Important to the case because it is mentioned by Thicke and Williams
7.The ISBN number has been essential when labeling sheet music as another identifier of ownership by the record label or artist. The numbers help to identify products that are owned by a record label rather than an individual artist. This is significant because record labels have stronger more effective legal teams, different from lawyers hired by individual artists.
8.This is integral for our understanding of this legal matter, because this lawsuit mentions genre as a key identifier of copyright infringement. Examples of musical genres are country hip- hop and rap.
9. This is important for understanding the legacy that cases like these leave behind. For centuries and in the field of music this has encompassed works of composers such as Mozart and Beethoven, Intellectual property has been a growing issues in sciences and technology (ie. Apple and Samsung)

4. Williams v. Gaye March 20, 2013 2014 Summer 2013 Summer of 2018 2015
Ruling in the Ninth Circuit Appeals Court by Judge Nguyen
“Blurred Lines” was released to public by Star Trak Records.
The district court denied Williams and Thicke’s notion for a summary judgement in October.
”objectively similar”
Summer 2013
Summer of 2018
Song tops Billboard charts in several countries, longest radio audience in history
2015
Media coverage divides music recording industries
rapper T.I. is approached with multimillion dollar judgement, later dismissed
Williams & Thicke owed Gaye Estate $5.3 million (from original $7 million)
(October)
Marvin Gaye Estate first appeal and investigation
March 21, 2018
Copyright infringement of “Got to Give it Up” (copyright law of
seven day trial leading up to this date :
The panel held that “got to give it up” was entitled to broad copyright protections because musical compositions are not confined to a narrow range of expression, under Copyright act of 1909, to the sheet music deposited under the copyright office and did not extend to sound recordings. Meaning that based upon the release date of “Gotta Give it up” sheet music was used to define whether or not the songs were objectively similar. Refer to example on board.
Summer 2018
In a Dec. 6 ruling, a judge in the Central District of California reaffirmed the March ruling, declaring Thicke, Williams, and More Water From Nazareth Publishing must pay Gaye’s estate $2.9 million in damages.
Thicke was ordered to pay an additional $1.76 million dollars, while Williams and his publishing company must each pay Gaye’s estates separate rewards of $357,630.

5. U.s. Copyright Law in Music
Copyright Law of 1790:
freedom to print, publish, reprint, their work for 14 years, to renew maps, charts, books for authors or scientists.
1909: grants copyright protection for 28 years with a 28 year renewal period, mechanical reproduction of a musical composition with consent of the copyright owner.
1976: provides basic rights to the copyright holder.
Swirsky v. Carey (2004):
substantially similarity & direct copying-minor hit to big hit
“One of Those Love Songs” v . Thank God
Infringement on chorus only
Extrinsic test here, used as example
Three Boys Music Corp v. Bolton (2000):
Extrinsic test considers “external objective criteria”
Analytical dissection
Intrinsic test was subjective
From the us copyright office
Copyright law of 1790:
Music was primarily instrumental music with the explosion of opera it was difficult to keep up with these productions and music was handwritten by Mozart
Swirsky v. Carey:
Swirksy Lost and substantial similarity in extrinsic test should show 1) swirsky owns the copyright 2) Carey copied the protected elements. Lower standard of proof
Intrinsic tests were left for the jury.
Three Boys Music Corp v. Bolton
down into their constituent elements, and comparing those elements for proof of copying as measured by ‘substantial similarity.’ 
Whether the ordinary, reasonable person would find the total concept and feel of the works
1976- the right to reproduce/ copy
Right to create derivative works of the original work
Right to perform the work publicly
Right to sell lease or rent copies

6. Copyright infringement in WILLIAMS V. gAYE
Referenced US Copyright Law of rather then the law if 1976.
Compositional copyright
Marvin Gaye’s 1977, “Gotta Give It Up” was copyrighted but was subject under the 1909 law.
It did not focus on the electronic material but on the sheet music
Copyright infringement in WILLIAMS V. gAYE

7. Gaye Estate opinion
The following opinion is from a member of the Marvin Gaye side of the dissent. The “cow bell argument”.
One of the many arguments regarding the case centered around the use of the cow bell that was essential to the “groove.” or genre of the 1977 “Gotta Give it Up”. This was important for understanding the rhythm that was “objectively similar”, the key most indentifier was this cow bell.
After viewing do find this argument to be compelling enough

8. William’s Opinion ”You cannot trademark a groove”
Pharell during Case (2014)
Major blues chrrds played
Minor blues chords played
William’s Opinion
”You cannot trademark a groove”

9. Listening ”Gotta Give It Up” (1977) “Blurred Lines” (2014)
Blurred Lines:

10. How has this case affected us copyright law today?

11. Landmark Decision Objective similarity under extrinsic test:
Groove Test
Different harmony, melody, rhythm and the majority’s refusal to compared the two works allowed for defendants to copyright a musical style (compositional)
Gaye’s family is entitled to 50% of all royalties from that song forever
Extrinsic Test:
History of Musical notation to examine substantial similarity.
Examine sheet music to find the 8 similarities
Thicke’s musicologist v. Gaye’s musicologist
With the Circuit Court finding in favor of the Gaye estate, it means that artists might consider erring on the side of caution and extreme due diligence when it comes to the forces that lead to song or beat creation. It won’t be enough to just say that someone inspired a groove. All grooves must be acknowledged on paper, permissions asked and licensing granted before the song gets published. If the grooves are too similar, it could be considered groove theft.
Extrinsic test:
Do you feel as if the extrinsic test is too tedious or is it necessary to figure out who owns what, more than that it questions whether or not the history of musical notation and its patterns can be owned if shared by many people?
The opinion of Sandy Wilbur v. Ingrid Monson(the Quincy Jones professor of African-American Music at Haravrd Univeristy)
And judith Finell who came up with, the 8 constellation similarities: signature phrase, hooks (most memorable), backup vocals, theme x, back up hooks, bass melodies, keyboard parts, unusual percussion choices,
Monson- cow bell, hand percussion, drum set parts, background vocals and keyboard parts this was the analysis that was considered for its similarities.
Sandy Wilbur dissented saying there were no similarities

12. Landmark decision Cont.
Objectively Similar is “BAD FOR MUSIC”:
Popular news media have reported that this ruling has been problematic because it suggests that not one piece of music is truly creative.
Ruling makes no sense, two creative works one was prioritized over the other.
Literally blurs the lines of creativity.
Precedent for future cases .
Makes “grooves” or genres inaccessible.
Objectively Similar is “GOOD FOR MUSIC”:
Artists and creatives are finally getting what recognition they deserve for creativity
Acknowledges the power of a differences between genres and “grooves”.
Culturally sensitive because it establishes an understanding of inherent differences.
Bad-
Too many songs share too many melodies,
Has opened pandoras’ box regarding this cases, many more will insue in the future
Ruling is troublesome because it ignores the fact that each work is a creative piece in its own right.
Good- recognizes and encouraging people to make and produce new works.

13. Is a groove proprietary?
Pharrell’s statement rings true? What do think?
Based upon this logic? Every single piece of hip-hop, rhythm and blues should have a copyright infringement case? Even classical music.
Should a ”groove” be proprietary?

14. Other Issues with Blurred Lines
“Date Rape lyrical content”
“I know you want it” repeat as one of the man memorable hooks.
In 2013 it was banned form a student union University College London (1/20), struck moral outrage with Miley Cyrus and robin Thicke performance at MTV Video Music Awards
Artists consistent denial of it being date rapey, toxic masculinity

15. Modern Copyright Struggles
Soundcloud (2008)
“Copyright is automatically granted to you when you begin creating your work. You don't have to file anything anywhere, or publish anything online to own the copyright of your music. ... Some people do register their copyright with official organizations, because it can help prevent legal trouble in the future.”
Katy Perry v. Marcus Gray (2013)
Christian Rapper “Flame”
Ed Sheeran v. Marvin Gaye
“Let’s Get it On”
Sampling in Hip-Hop v. Creativity
Story of O.J. (Jay Z)
Soundcloud:
Platform where they are challenging copyright
Artists whose material is on soundcloud is protected, but copyright is not honored by the artist who orginially made beats or rhythms.
Soundcloud artist are not considered a threat
Locked out of heaven v.
Roxanne
50 cent in da club