What does KatyPerry's $2.8 million 'Dark Horse' case mean for songwriters? A chilling effect on creativity, say music lawyers.
, in which Robin Thicke and Pharrell Williams were found to have infringed upon Marvin Gaye’s song “Got to Give It Up,” based on its similar “feel” — will have a chilling effect on songwriters and on culture as a whole.
Indeed, some music attorneys with expertise in copyright law question the wisdom of placing such complex matters before a jury. “Particularly in music cases, it’s very difficult for a jury of so-called peers to spend several days in court, learning about music and the song and copyright, and come out with a reasonable verdict,” says Ed McPherson, a music attorney specializing in copyright law who has represented Lady Gaga, Frank Ocean, Fergie and others.
Particularly in the wake of “Blurred Lines,” such disputes are usually settled out of court. For example, in 2015, the writers of Sam Smith’s “Stay With Me” made an undisclosed settlement with Tom Petty over their song’s similarity to his “I Won’t Back Down,” adding its writers’ names to the credits and royalties, even though the Smith song’s writers claimed not to be previously familiar with the earlier tune.
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