2 Analyses of this case by attorneys

  1. MBHB Snippets: Review of Developments in Intellectual Property Law - Volume 12, Issue 1 (Winter 2014): The Blurred Lines of Copyright Infringement of Music Become Even Blurrier as the Robin Thicke v. Marvin Gaye’s Estate Lawsuit Continues

    McDonnell Boehnen Hulbert & Berghoff LLPFebruary 14, 2014

    ; Elsmere Music, Inc. v. Nat'l Broad. Co., Inc., 482 F. Supp. 741, 744 (S.D.N.Y. 1980), aff'd sub nom., 623 F.2d 252 (2d Cir. 1980) (finding that copying four notes, which were considered a significant part of the musical composition, was “capable of rising to the level of copyright infringement”). [52]See Swirsky, 376 F.3d at 845 (“Because the requirement is one of substantial similarity to protected elements of the copyrighted work, it is essential to distinguish between the protected and unprotected material in a plaintiff’s work.”)

  2. MBHB Snippets: Review of Developments in Intellectual Property Law - Volume 11, Issue 4 (Fall 2013) - The Blurred Lines of What Constitutes Copyright Infringement of Music: Robin Thicke v. Marvin Gaye’s Estate

    McDonnell Boehnen Hulbert & Berghoff LLPOctober 25, 2013

    ; Elsmere Music, Inc. v. Nat'l Broad. Co., Inc., 482 F. Supp. 741, 744 (S.D.N.Y. 1980), aff'd sub nom, 623 F.2d 252 (2d Cir. 1980) (finding that copying four notes, which were considered a significant part of the musical composition, was “capable of rising to the level of copyright infringement”). Justin Bieber and Usher Raymond IV (“Usher”) were sued by Devin Copeland (“De Rico”) in May 2013 for allegedly copying De Rico’s “Somebody to Love,” in part because Bieber’s version (also titled, “Somebody to Love”) used the same five-word hook.