In the Thicke of It: The Blurred Lines of Plagiarism and Coincidence

The lines may be blurred when it comes to a public consensus as to whether Robin Thicke’s 2013 hit “Blurred Lines” was a glaring example of copyright infringement and theft of Marvin Gaye’s intellectual property or simply an innocent journey into a genre that Thicke and Pharrell Williams couldn’t get out of their heads. As people banter about the recent federal jury decision awarding Gaye’s family damages from copyright infringement, we may never know the real story, but there is an important lesson to be learned from this milestone case in music.

As a professor and a psychologist, I have taught ethics and have spent more time discussing the dangers and the prevention of plagiarism than I care to think about. As a writer and a comic, I am also painfully aware of its prevalence. But here’s the teaching moment–the fact that we all must know and teach our children and students: Theft is theft. And stealing someone’s intellectual property and calling it your own is no different than stealing his or her wallet and using their credit cards. Like musicians, researchers, writers, and comics often fall victim to plagiarism. And our virtual world has made this crime easier and more acceptable. “Couldn’t someone have just stumbled onto the same idea?” we are often asked. Perhaps, but when it reads like a cookie cutter version of your work with a few basic changes in the mix, it can be glowingly obvious that portions of your book, your jokes, or your songs were lifted. Fighting to declare wrongdoing can be expensive, exhausting, and not necessarily successful.

On the other hand, while our minds are rarely blank slates when it comes to ideas, it is important to document the trails that lead you to your projects. We are all influenced by scholars and talented artists, which is why it is important to create a layer between your work and others and to attribute credit upfront to those who have influenced your work. Do mistakes happen? Of course. Might there be an against-all-odds’ coincidence? Maybe. Similar word combinations inevitably land on my laptop and yours. Why couldn’t musical riffs innocently land in two different recording studios? Regardless, if we take the time to understand the seriousness and consequences of plagiarism, it may help us as we create our own unique work and avoid future conflicts.

I do not understand the nuances of songwriting and music copyright, nor am I qualified to declare right or wrong in the Thicke/Pharrell/Gaye family legal battle. Over the years, there have been plenty of tunes stuck in my head, and I haven’t a clue who to attribute them to. I believe that we should leave that discussion to the experts and focus on respecting the unique creativity in every one. Meanwhile, we should only reap the benefits from a song, a term paper, a joke, or a book if we are the ones who did the work. That’s the rule. It always has been. Some people are just better than others when it comes to following it.

Nancy Berk, Ph.D. is a clinical psychologist, author, comic and entertainment analyst. The host of the showbiz podcast Whine At 9, Nancy digs a little deeper as she chats with fascinating celebrities and industry insiders. Her book College Bound and Gagged: How to Help Your Kid Get into a Great College Without Losing Your Savings, Your Relationship, or Your Mind can be seen in the feature film Admission starring Tina Fey and Paul Rudd.