Bloomberg Law Quotes Lee Brenner on Ninth Circuit Decision: No Rehearing in ‘Blurred Lines’ Copyright Infringement Case
July 12, 2018
Robin Thicke and Pharrell Williams will not get a hearing en banc after losing a copyright infringement lawsuit over their hit song “Blurred Lines.”

Bloomberg Law turned to partner Lee Brenner in the article “No Rehearing in ‘Blurred Lines’ Copyright Infringement Case,” to discuss the inverse ratio rule, an oft-criticized “rule” in copyright cases. While the Ninth Circuit amended its March ruling, deleting references to the inverse ratio rule, many question the basis of deletion, as well as the “rule’s” actual substance in copyright law. The Court’s July 11th order denied Thicke and Williams’ request that the full bench of Ninth Circuit judges reconsider the case.

Brenner explains, “The rule makes no sense. No degree of access can substitute for a finding that the works are in fact substantially similar.”

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