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Commentary: Amended Opinion No Cause for Alarm in ‘Blurred Lines’ Case Outcome

Over the summer, a divided panel of the Ninth Circuit affirmed the denial of a new trial motion and an order denying rehearing en banc in Williams v. Gaye. We now consider whether the final affirmance of the jury verdict in favor of Marvin Gaye’s heirs is likely to wreak havoc on musical creativity as some, including the dissent, have argued. For us, the short answer is no.

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Over the summer, a divided panel of the U.S. Court of Appeals for the Ninth Circuit issued an amended opinion affirming the denial of a new trial motion and an order denying rehearing en banc in Williams v. Gaye, 15-56880. We now consider whether the final affirmance of the jury verdict in favor of Marvin Gaye’s heirs is likely to wreak havoc on musical creativity as some, including the dissent, have argued. For us, the short answer is no.

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