By Jeffrey Echert
Call it one more heartache for Robin Thicke. He’s at the center of another controversy—this time, a copyright infringement suit with Marvin Gaye’s heirs over Thicke’s summer hit, “Blurred Lines.” While allegations of plagiarism and copyright infringement in the musical world aren’t new by any means (in fact, it seems to be an industry pride and joy), this suit presents a different, potentially precedential angle: the Gaye family alleges not only copyright infringement but a breach of fiduciary duty by EMI (the music publisher that holds the rights to distribute Gaye’s works and supposedly co-owns “Blurred Lines”) for refusing to bring suit against Thicke. In so alleging, they add to their fairly interesting copyright claims an unexpected legal question: is an exclusive agent representing a copyright holder’s interests required to bring suit over infringing works that the agent also owns?




