Robin Thicke's Deposition Mistakes in "Blurred Lines" Copyright Case: Takeaways for Litigators | Practical Law

Robin Thicke's Deposition Mistakes in "Blurred Lines" Copyright Case: Takeaways for Litigators | Practical Law

Singer-songwriter Robin Thicke's recent deposition in his "Blurred Lines" lawsuit against Marvin Gaye's heirs is the latest example of the rogue witness in a deposition.

Robin Thicke's Deposition Mistakes in "Blurred Lines" Copyright Case: Takeaways for Litigators

by Practical Law Litigation
Published on 23 Sep 2014 • USA (National/Federal)
Singer-songwriter Robin Thicke's recent deposition in his "Blurred Lines" lawsuit against Marvin Gaye's heirs is the latest example of the rogue witness in a deposition.
Singer Robin Thicke is the latest celebrity to make headlines for deposition testimony. The singer is a plaintiff in a California federal lawsuit against Marvin Gaye's heirs. The plaintiffs seek a declaratory judgment that the hit song "Blurred Lines" does not infringe portions of Gaye's song "Got to Give It Up." Inevitably, Thicke was deposed and the deposition transcript became part of the public record during motion practice.
Thicke's counsel was concerned enough to seek an order allowing the filing of the deposition transcript under seal. The court agreed that the video segments could be filed under seal but ruled that Thicke did not show good cause to restrict public access to the transcript.
For additional information regarding filing documents under seal, see Practice Note, Filing Documents under Seal in Federal Court.

Thicke's Testimony

Thicke testified that he lied in press interviews when he said that he and fellow musician Pharrell Williams were inspired by "Got to Give It Up" and quickly wrote and recorded "Blurred Lines" together. He further explained he had been on alcohol and drugs during the songwriting and press interviews. According to Thicke's testimony, during that period of his life he took Norco or Vicodin every day and consumed vodka out of water bottles he carried around.
Examples of Thicke breaking the rules of depositions included when he:
  • Used curse words.
  • Insulted the opposing attorney.
  • Spoke before the opposing attorney finished his questions.
  • Stated "I'm having fun. I'm trying to keep it light," when reminded by his own attorney to just answer the question.
  • Argued with the questioner over the relevance of the questions.
  • Volunteered that he made up his press statements about being influenced by Marvin Gaye after "everyone started saying to me, 'hey its reminiscent of the Marvin Gaye song.'"
When the witness forgets the rules of testifying during the course of the deposition, the defending attorney should:
  • Request a break as soon as possible (but not when a question is pending, unless the question implicates a privilege).
  • Focus the witness and remind him of the rules of giving deposition testimony.
(See Practice Note, Depositions: Handling Unexpected Situations at a Deposition (Federal): The Rogue Witness.)

The Rules of Depositions

The witness should:
  • Give direct answers to questions and should not volunteer any unnecessary information.
  • Pause briefly after each question to formulate a short, truthful answer and to give his attorney an opportunity to object.
  • Be on his best behavior and defer to his attorney to object when appropriate.
  • Resist the urge to be:
    • too friendly or too helpful;
    • defensive;
    • argumentative;
    • aggressive; or
    • funny or sarcastic.
For a list of rules that every witness should follow in a deposition, see Deposition Rules for Witnesses Checklist.
For additional resources to assist counsel in preparing the witness and dealing with a witness who will not follow the rules during a deposition, see these Practice Notes: