I find that NYTimes article intriguing because although it makes pretty good arguments as to why copyright law needs to be updated, it doesn't argue against the fact that the compositions on paper really are similar. Yes, pop music (and modern music in general) is much more than that, but it's hard to argue that there was no plagiarism involved if the skeleton of both songs is significantly similar.
Even if the copyright laws need updating, I doubt it will completely invalidate the compositions completely as Mr. Caramancia is suggesting. I also think Mr. Caramancia emphasizes certain things and deemphasizes others that are probably similarly important to try to make his point. That's fine, of course, but that's far from being conclusive without valid counter-arguments. I'm sure the Gaye Estate provided their own music experts that would argue with what he thinks is important and not important in music writing.
I also think his dig against the Marvin Gaye Estate is a bit mean-spirited because he, like another poster here who suggested that they wanted to money grab, ignores the fact that Pharrell and Robin Thicke started this whole mess by preemptively suing Marvin Gaye's Estate and the Estate in turn counter-sued. So I don't think they are the type who will just go after people (like he suggested they are with his Prince line).
Off-topic a bit, but I've read elsewhere from other writers, who don't like this decision, that this will set a bad precedent and will have a chilling effect on music. Yeah right. People are sued all the time to mixed results. The really frivolous lawsuits tend to lose. Plus, jury verdicts don't set precedents. They don't interpret the law nor do they change legal standards. What they do is entirely factual and is wholly dependent on lay and expert testimony, admitted evidence, and the attorneys' arguments. So maybe this decision might make a plaintiff rethink their legal strategy and turn down a settlement and instead go to trial. However, this verdict won't determine how a jury in that hypothetical future case will decide since they are presented with a totally different set of facts to weigh.
Updated On: 3/12/15 at 02:31 AM