Recently, Robin Thicke, Pharrell Williams, and Clifford Harris, Jr., the authors of the song "Blurred Lines," filed a lawsuit against the family of Marvin Gaye and Bridgeport Music, Inc. in the Central District of California seeking a declaratory judgment that the song "Blurred Lines" does not infringe upon either the song "Got to Give it Up" (owned by Marvin Gaye's family) or "Sexy Ways" (owned by Bridgeport Music). The declaratory judgment action was filed after Gaye's family turned down the songwriters' settlement offer and before the family could file a copyright infringement suit of its own.
Preemptively filing a lawsuit has a number of advantages for a copyright holder faced with an infringement claim including:
- Choosing the venue
- Taking control of the timing of the lawsuit
- Getting the first word in front of the court to frame the case
Preemptive filing should be used judiciously, however. If there is any hope of pre-filing settlement, the commencement of a lawsuit increases the expenses involved in any settlement and will start the clock on federal case management requirements – not to mention potentially enraging the opposing party.
Ultimately the "Blurred Lines" lawsuit is a good lesson for anyone holding a copyright. If you plan on making an infringement claim, it may be worth drafting a complaint that is ready to file at a moment's notice. For those accused of infringement, it is important to consider the option of filing a preemptive lawsuit during negotiations to afford yourself all of the advantages listed above.
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