On Thursday, U.S. District Judge John Kronstadt denied the singer and producer’s motion for a summary judgment in their lawsuit over the origins of their smash single “Blurred Lines,” ruling that the hit track does have significantly similar elements to Gaye’s “Got to Give It Up.”
According to Billboard, Kronstadt wrote that the Gaye family “have made a sufficient showing that elements of ‘Blurred Lines’ may be substantially similar to protected, original elements of ‘Got to Give It Up.’ Defendants have identified these with particularity for purposes of analytic dissection.”
He added that while Thicke’s “inconsistent statements do not constitute direct evidence of copying,” they probably don’t help the singer much either.
Thursday’s decision to not grant Thicke with a summary judgment opens up the possibility of a full-blown copyright infringment trial.
Gaye’s family has maintained all along that “Blurred Lines” is an outright “copy” of “Got to Give It Up.”
“We believe the evidence of copying of Marvin Gaye’s legendary work ‘Got To Give It Up’ is overwhelming and now look forward to trying the case,” the Gaye family’s lawyer Richard Busch said in a statement, as reported by Billboard. “We also disagree with [plaintiff attorney] Mr. [Howard] King’s assessment that the Court ruled that there will be any limitation on what the jury considers at the trial, which involves a different analysis than what the Court analyzes on a motion for summary judgment.”
There’s no timetable on how soon a trial can start.
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