There is finally an end to the long legal battle between Pharrell Williams and Robin Thicke, and Marvin Gaye's estate. Five years ago, Gaye's estate sued Williams and Thicke, claiming that they had infringed on copyright when they released the song "Blurred Lines," because it was too similar to Gaye's 1977 hit "Got To Give It Up." Due (I thought) to some questionable music theory, the pair were found guilty of infringement. You can read my blog post about that first ruling here. Williams and Thicke appealed the verdict, and you can read about the appeal here. Music theorists and musicians alike seemed to agree: "groove" is not a copyrightable aspect of music.
The outcome of that appeals case was decided a few days ago - the original verdict was upheld by a two-to-one majority. I was shocked and disappointed at the decision. This case has decided, essentially, that it isn't just melody, harmony, and lyrics that can be copyrighted, but the "feel" of music, too. The dissenting judge, Jacqueline Nguyen, remarked that this ruling “strikes a devastating blow to future musicians and composers everywhere.” Indeed.