SB 29-19: Inspiration is Not Theft Act of 2020 (Passed)

[Left Wing]

A BILL

protecting the right to produce music that is inspired by other works

Be it enacted by the Senate and the House of Representatives, in Congress assembled:

SECTION 1. TITLE.

This Act may be cited as the "Inspiration Is Not Theft Act of 2020".

SECTION 2. FINDINGS.

A. In 2013, defendants Mr. Pharrell Williams, Mr. Robin Thicke, and Mr. Clifford Harris, Jr., were served with a lawsuit from plaintiffs representing the estate of Marvin Gaye, Jr. (Mr. Frankie Christian Gaye, Mr. Marvin Gaye III, and Ms. Nona Marvisa Gaye, respectively).  

B. The defendants, which may be referred to as the "Thicke Group", are songwriters and musicians by trade.

C. The matter at issue in this case involves copyright infringement; specifically, does the musical composition "Blurred Lines" (as written by Williams, Thicke, and Harris) copy the essential elements in the Gaye composition "Got To Give It Up" (as written by Mr. Marvin Gaye, Jr.) (thus entitling the plaintiffs to financial relief)?

D. Although the two songs share a similar style, the underlying melodies and harmonies are not sufficiently similar to one another.  

E. A district court entered judgment for the plaintiffs; on appeal, this was affirmed by the Court of Appeals for the Ninth Circuit.  

F. As decided by the Ninth Circuit, the ruling in this case effectively declares that works imitating, but not specifically copying, other works may be regarded as copyright infringements.  

G. This decision has had, and will continue to have, a "chilling effect" on the capability of songwriters to produce works evoking other eras or styles.  

H. As a matter of routine, many musical acts and works imitate the style of other musical acts and works.  

SECTION 3. PROTECTION OF CERTAIN RIGHTS.

A. It shall not be a violation of copyright law to:

1. Imitate, or borrow from, the style of another artist or composition.  

2. Produce a work parodying another's compositions or style.  

3. Employ, or assist in employing, any person who created, or assisted in the creation of, another act or work.  

SECTION 4. ACT NOT TO BE MISCONSTRUED.

This Act shall not be so construed as to prohibit certain individuals or groups the right to seek credit, and/or financial compensation for, the direct copying of specific works (in the music industry, this act is known as "sampling")

SECTION 5. WHEN EFFECTIVE.

This Act will become effective when signed by the president.

House of Representatives
Passed the House of Representatives 3-2-1-3

Sponsor: SevenEleven
Status: Debating

[Left Wing]

This was another piece of legislation that Speaker MB brought to my attention that was never sent to the Senate.

[SevenEleven]

I can sponsor I suppose.

[Left Wing]

24 hours to object.

[Southern Senator North Carolina Yankee]

These cases and similar ones always annoy me.

[Left Wing]

Sev is recognized as sponsor.

[Southern Senator North Carolina Yankee]

So advocacy? Debate? Amendments?

[Spark]

I support the ruling of the court in this matter. We have fair use as a legal defense for copyright infringements already, why expand it?

[Southern Senator North Carolina Yankee]

Bumping this one as well.

[SevenEleven]

Art derived from previously created works is perfectly valid, inspiration always come from somewhere. This bill does a good job delineating between artistic creativity and outright intellectual theft.

[Blair]

I assume this is a bill we're not going to try and amend- might be easier just to put it to a final vote?

[Left Wing]

I assume this is a bill we're not going to try and amend- might be easier just to put it to a final vote?

I agree.

Motion for a final vote, 24 hours to object.

[Left Wing]

A final vote is now open on this legislation, please vote Aye, Nay or Abstain.

[Left Wing]

Aye.

[Blair]

Nay

[Spark]

Nay

[SevenEleven]

Aye.

[Left Wing]

By a vote of 2-2-0-2, this is tied. Paging OBD.

[OBD]

Aye.

[Left Wing]

A BILL

protecting the right to produce music that is inspired by other works

Be it enacted by the Senate and the House of Representatives, in Congress assembled:

SECTION 1. TITLE.

This Act may be cited as the "Inspiration Is Not Theft Act of 2020".

SECTION 2. FINDINGS.

A. In 2013, defendants Mr. Pharrell Williams, Mr. Robin Thicke, and Mr. Clifford Harris, Jr., were served with a lawsuit from plaintiffs representing the estate of Marvin Gaye, Jr. (Mr. Frankie Christian Gaye, Mr. Marvin Gaye III, and Ms. Nona Marvisa Gaye, respectively).  

B. The defendants, which may be referred to as the "Thicke Group", are songwriters and musicians by trade.

C. The matter at issue in this case involves copyright infringement; specifically, does the musical composition "Blurred Lines" (as written by Williams, Thicke, and Harris) copy the essential elements in the Gaye composition "Got To Give It Up" (as written by Mr. Marvin Gaye, Jr.) (thus entitling the plaintiffs to financial relief)?

D. Although the two songs share a similar style, the underlying melodies and harmonies are not sufficiently similar to one another.  

E. A district court entered judgment for the plaintiffs; on appeal, this was affirmed by the Court of Appeals for the Ninth Circuit.  

F. As decided by the Ninth Circuit, the ruling in this case effectively declares that works imitating, but not specifically copying, other works may be regarded as copyright infringements.  

G. This decision has had, and will continue to have, a "chilling effect" on the capability of songwriters to produce works evoking other eras or styles.  

H. As a matter of routine, many musical acts and works imitate the style of other musical acts and works.  

SECTION 3. PROTECTION OF CERTAIN RIGHTS.

A. It shall not be a violation of copyright law to:

1. Imitate, or borrow from, the style of another artist or composition.  

2. Produce a work parodying another's compositions or style.  

3. Employ, or assist in employing, any person who created, or assisted in the creation of, another act or work.  

SECTION 4. ACT NOT TO BE MISCONSTRUED.

This Act shall not be so construed as to prohibit certain individuals or groups the right to seek credit, and/or financial compensation for, the direct copying of specific works (in the music industry, this act is known as "sampling")

SECTION 5. WHEN EFFECTIVE.

This Act will become effective when signed by the president.

House of Representatives
Passed the House of Representatives 3-2-1-3

People's Regional Senate
Passed 3-2-0-2 in the Atlasian Senate Assmbled

[Southern Senator North Carolina Yankee]

Aye FTR