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Record W2172477535 · doi:10.1093/jiplp/jpv175

Apportioning copyright damages: the case of ‘Blurred Lines’

2015· article· en· W2172477535 on OpenAlex
Doug Bania

Why this work is in the frame

A frame that forgets how it found something cannot be audited. These are the routes that admitted this work.

aboutThe title or abstract carries a Canadian signal from the geographic lexicon.
no affNo Canadian affiliation: this work is invisible to an affiliation-only frame.
No Canadian affiliation. An affiliation-only frame, the usual design, would never have seen this work. It is one of the works that make the case for inverting the frame.

Bibliographic record

VenueJournal of Intellectual Property Law & Practice · 2015
Typearticle
Languageen
FieldBusiness, Management and Accounting
TopicCopyright and Intellectual Property
Canadian institutionsnot available
Fundersnot available
KeywordsApportionmentMusicalValue (mathematics)DamagesLaw and economicsQuarter (Canadian coin)Intellectual propertyPublic domainAsset (computer security)LawSociologyBusinessHistoryPolitical scienceArtComputer scienceVisual artsComputer security

Abstract

fetched live from OpenAlex

Using data collected by the author's firm as consultants in the recent ‘Blurred Lines’ case, in which the family of Marvin Gaye, Jr accused Pharrell Williams, Robin Thicke and Clifford Harris, Jr of infringing musical elements of Gaye's ‘Got to Give It Up’, this article addresses the relatively neglected issue of the apportionment of value that is directly attributable to an intellectual property asset. Such apportionment is particularly complex in the case of recorded music, which may include multiple copyright holders and requires two steps described in the article. The first is determining what portion of the copyright to a work is relevant to charges of infringement; the second is determining the multiple factors that contribute to the financial success of that work. The author argues that in this case, in which the supposedly infringed musical elements are covered by only half of one of the two relevant copyrights and in which much of the song's value is demonstrably attributable to non-copyright factors, considerably less than a quarter of the value of the ‘Blurred Lines’ could rightfully be attributed to the contested elements protected by Gaye's copyright.

Fetched live from OpenAlex and de-inverted. Abstracts are not stored in this database: the inverted indexes are 8.6 GB of the frame’s 9.3 GB of text, and the host has 13 GB free.

Full frame distilled prediction

Teacher imitation

Not calibrated prevalence, not ground truth. Human validation pending. Learned from the 10,348 direct Codex labels and 10,348 direct Gemma labels. Candidate is the union of thresholded teacher heads; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels or direct frontier model labels.

metaresearch head score (Codex)0.004
metaresearch head score (Gemma)0.021
Version: codex-gemma-dda1882f352aValidation status: machine_predicted_unvalidated
Candidate categoriesMetaresearch, Insufficient payload (model declined to judge)
Consensus categoriesnone
DomainCandidate signal: none · Consensus signal: none
Study designCandidate signal: Not applicable · Consensus signal: Not applicable
GenreCandidate signal: Empirical · Consensus signal: none
Teacher disagreement score0.878
Threshold uncertainty score0.999

Codex and Gemma teacher scores by category

CategoryCodexGemma
Metaresearch0.0040.021
Meta-epidemiology (narrow)0.0000.000
Meta-epidemiology (broad)0.0010.000
Bibliometrics0.0000.001
Science and technology studies0.0000.000
Scholarly communication0.0010.005
Open science0.0010.000
Research integrity0.0000.001
Insufficient payload (model declined to judge)0.0020.000

Machine scores (provisional)

The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.

Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.

Opus teacher head0.067
GPT teacher head0.283
Teacher spread0.217 · how far apart the two teachers sit on this one work
Validation statusscore_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from it