The infrequency of two high-profile songsters or their representatives going all the way to trial over claims of copyright infringement means that such a case usually receives heightened public scrutiny. This is especially so when mere sampling of the plaintiff’s song is not at issue. In recent years, few cases have drawn more public attention than the dispute between the Marvin Gaye estate and singer/songwriter Robin Thicke and song producer Pharrell Williams, over whether the song “Blurred Lines” infringed Marvin Gaye’s 1977 hit, “Got to Give It Up.”
How does the law operate when intellectual property rights overlap? When a creative output, be it a photograph, a piece of music, or any artistic work, is protected by multiple intellectual property rights such as trademark and copyright, or a patent and data protection, it can be challenging to manoeuvre through the overlapping rights. Intellectual property law seeks to defend the rights of the artistic creator, and protects the expression of ideas.