Case Study: Blurred Lines — Inspiration vs Infringement

Can you copyright a vibe?

It's one of the most debated questions in intellectual property law, and it sits at the heart of the famous Blurred Lines copyright dispute between the creators of the 2013 hit song and the estate of Marvin Gaye.

In this episode of Elise Explains IP, Elise explores the landmark case that sparked global debate about where inspiration ends and infringement begins. The case raised difficult questions about creativity, influence, originality, and whether copyright law should protect a particular style or feel.

While the dispute arose in the music industry, the lessons apply far beyond songwriting. Business owners, designers, marketers, content creators, and brand builders all face similar challenges when drawing inspiration from successful competitors and industry leaders.

Elise breaks down what happened in the case, why the decision remains controversial, how Australian copyright law approaches similar issues, and what creators can do to reduce legal risk while still producing original work.

Copyright generally protects the specific way an idea is expressed, rather than broad concepts, genres, styles or creative influences.

Every creator is influenced by existing work. The challenge is ensuring that inspiration becomes something new rather than a reproduction of someone else's protected material.

The legal question is usually whether protected elements have been copied, not simply whether two works feel alike.

The same principles apply when creating websites, branding, advertising campaigns, social media content, software, and marketing materials.

The strongest intellectual property is often created when businesses build on inspiration while adding their own distinctive contribution.

Williams v Gaye (commonly referred to as the Blurred Lines case)

The dispute concerned allegations that the song Blurred Lines infringed copyright in Marvin Gaye's 1977 song Got to Give It Up. The case became one of the most significant and controversial copyright decisions in modern music history.

The case is formally known as:

Williams v Gaye, 895 F.3d 1106 (9th Cir. 2018)

A useful summary of the appellate decision can be found through Stanford University's Copyright and Fair Use Center:

The full Ninth Circuit judgment is available via Justia:

The decision upheld the jury's finding that Blurred Lines infringed Marvin Gaye's Got To Give It Up, while also generating significant debate about whether the ruling risked extending copyright protection too far into musical style and influence.

If you enjoyed this discussion about where inspiration becomes infringement, you may also enjoy Episode 7, where I explore Aldi's history of product packaging disputes and the concept of trade dress.

While Blurred Lines focuses on copyright in creative works, the Aldi cases raise similar questions in branding and consumer products:

🎧 Listen to Episode 7: Aldi, Trade Dress and Copying

To learn more about protecting the intellectual property in your business:

🌐 Elise Steegstra

Book a strategy call to discuss:

If you enjoyed this episode, please:

Because the best time to protect your intellectual property is before a dispute arises.

In this special international edition of Elise Explains IP, Elise is joined by Mexican intellectual property lawyer Aida Cervera, founding partner of CELE Abogados, to discuss the practical realities of protecting brands internationally.

Drawing on more than 20 years of experience in intellectual property law, including time spent at the Mexican Institute of Industrial Property (IMPI), Aida shares valuable insights into trade mark protection in Mexico, common mistakes businesses make when expanding internationally, and the opportunities and risks presented by artificial intelligence.

This episode also marks the beginning of a new interview format for the podcast, featuring conversations with IP professionals from around the world to explore global perspectives on intellectual property.

🌐 https://celeip.com

📧 [email protected]

🌐 https://www.damiencharlotin.com/hallucinations/

This database tracks court decisions and legal proceedings involving the misuse of generative AI, including cases where lawyers have submitted AI-generated fictitious authorities and citations.

Aida Cervera is the founding partner of CELE Abogados in Mexico and has more than 20 years of experience in intellectual property law. Her background includes almost four years at the Mexican Institute of Industrial Property (IMPI), where she worked within the Divisional Department of Marks. She regularly advises businesses on trade marks, brand protection, enforcement, and international IP strategy.

If you'd like advice on protecting your brand, copyright, trade marks, or other intellectual property assets in Australia, you can book a strategy call with Elise at:

🌐 www.elisesteegstra.com

Disclaimer: This podcast provides general information only and does not constitute legal advice. You should obtain professional advice tailored to your specific circumstances before taking action.

Many creatives assume they have only two options when it comes to intellectual property: keep it or sell it. In reality, licensing often provides a far more flexible and commercially valuable alternative.

In this episode of Elise Explains IP, Elise explores how licensing works, why it is one of the most powerful tools available to creatives, and how poorly structured arrangements can result in lost value, confusion, and disputes.

Whether you're a designer, photographer, artist, writer, software developer, content creator, or business owner, understanding licensing can help you generate income from your work while retaining ownership and control.

A licence is simply permission to use intellectual property under agreed conditions. Unlike an assignment, a licence allows the creator to retain ownership while generating value from their work. When structured correctly, licensing can become a powerful business asset rather than a one-off transaction.

When licensing creative work, consider:

This episode is ideal for:

If you're unsure whether you're licensing your intellectual property, assigning it, or inadvertently giving away valuable rights, professional advice can help you avoid costly mistakes.

Book a strategy session at:

🌐 www.elisesteegstra.com

If you enjoyed this episode, please subscribe, leave a review, and share it with someone building a business or creative brand.

Elise Explains IP helps business owners, founders, creatives, and advisors understand intellectual property in a practical, strategic, and accessible way.

In this episode of Elise Explains IP, Elise unpacks one of the most misunderstood areas of Australian copyright law: moral rights.

Most business owners understand the concept of copyright ownership — but far fewer understand that creators can retain important personal rights connected to attribution, reputation, and integrity, even when copyright itself has been assigned.

Using the recent Federal Court decisions in:

Elise explains why these cases are becoming so important for filmmakers, agencies, designers, photographers, writers, and creative businesses across Australia.

The episode explores:

This episode is particularly relevant for:

If you need assistance with:

you can book a strategy call via:

www.elisesteegstra.com

Website: www.elisesteegstra.com

If you enjoyed this episode, please subscribe, leave a review, and share the podcast with a business owner, creative, or agency team who would benefit from understanding how moral rights actually work in Australia.

Most creatives know that copyright exists — but far fewer understand how ownership, licensing, and commercial use actually work in practice.

In this episode of Elise Explains IP, Elise breaks down the fundamentals of copyright law in Australia for creatives, business owners, and agencies. The episode explores who really owns creative work, why contracts matter more than most people realise, and how copyright protection can change once designs move into commercial manufacturing.

Whether you’re a designer, photographer, content creator, artist, videographer, or creative agency, this episode explains the practical realities behind one of the most important forms of intellectual property.

Elise discusses:

Copyright is not just a legal technicality — it is a commercial asset.

Understanding who owns creative work, what rights are being transferred, and when additional protection may be required can make a significant difference to the long-term value of a creative business.

If you need guidance around:

you can book a strategy call via:

🌐 www.elisesteegstra.com

This podcast provides general educational information only and does not constitute legal advice. You should obtain advice tailored to your specific circumstances before acting on any information discussed in this episode.

What happens when a company copies the structure of a software system — but writes its own code?

In this episode of Elise Explains IP, Elise unpacks one of the most important intellectual property cases in modern technology: Oracle v Google.

The dispute centred on Google’s use of Java APIs when developing Android, and raised a major legal question:

Can the structure of software systems be protected by copyright?

But this episode goes beyond the legal headlines.

Elise explains why this case matters for:

You’ll also learn why relying on “fair use” can be dangerous — particularly for Australian businesses operating under much narrower fair dealing rules.

A practical explanation of APIs and why they became central to the dispute.

The difference between:

A look at the commercial stakes and legal uncertainty surrounding the dispute.

Why Google ultimately succeeded in the US — and why that outcome doesn’t easily translate to Australia.

A critical distinction for Australian businesses:

Including:

If you’re building software or digital systems, ask yourself:

Elise Explains IP is a practical podcast for business owners, founders, creatives, and advisors who want to better understand intellectual property and business protection.

The focus is simple:

If you’re building software, digital products, systems, or scalable platforms — and you’re unsure where your intellectual property risks sit — you can book a strategy call using the link below.

www.elisesteegstra.com

Protecting your IP early is usually far easier than untangling it later.

Expanding your business internationally sounds like growth.

But from a trade mark perspective, it’s often where things start to unravel.

In this episode, recorded from London during the INTA Conference, Elise unpacks a common — and costly — issue: why so many businesses run into trade mark problems when they enter new markets.

The key takeaway?

You may discover that your brand is already registered in another country — even if you’ve been using it for years in your home market.

In many jurisdictions, priority is based on filing date, not use.

Launching into a new market without clearance can trigger enforcement action from existing rights holders.

This can lead to:

A name that works in one country may be:

This leaves you exposed without enforceable rights.

Common issues include:

Trade mark issues don’t stay “legal problems.”

They quickly become commercial problems, affecting:

If you’re planning to expand internationally:

Consider future markets early — even if expansion is 12–24 months away.

Undertake trade mark searches in your target country before launching.

Focus protection on where you:

Ensure the correct entity owns the IP — particularly across group structures.

This is not just a legal step — it’s part of your growth strategy.

Attending the INTA Conference in London highlights a consistent global theme:

Most trade mark disputes don’t arise because businesses act recklessly —

Trade mark protection is granted country by country.

There is no single “worldwide” trade mark.

International systems like the Madrid Protocol can streamline filings — but they do not eliminate the need for jurisdiction-specific strategy.

If international expansion is on your horizon, now is the time to ask:

Will your brand actually work in the markets you want to enter?

Fixing issues early is strategic.

If you’d like tailored advice on protecting your brand as you scale, you can book a strategy call:

🌐 www.elisesteegstra.com

If you found this episode helpful, share it with a business owner or advisor who is thinking about expanding internationally.

Because the earlier this is understood, the easier it is to get right.

Who Really Owns Your Trade Mark? Lessons from Black Star Pastry v Richards

You can build a strong brand, file a trade mark… and still not legally own it.

In this episode of Elise Explains IP, Elise unpacks the recent Federal Court decision in Black Star Pastry Pty Ltd v Richards (No 2) [2026] FCA 383 — and why it highlights one of the most critical (and commonly misunderstood) issues in trade mark law:

Ownership at the time of filing

With a particular focus on the “Blackstar Coffee” trade mark, this episode explores what happens when a mark is filed in the name of one individual, despite being used in a broader business involving multiple parties.

The takeaway is simple — but often overlooked:

It’s not enough to file a trade mark. It needs to be filed in the right name.

This case highlights a familiar scenario:

The result?

👉 A disconnect between legal ownership (on the register) and commercial reality (how the brand operates)

This creates uncertainty, risk, and potential disputes — particularly if relationships change.

Getting trade mark ownership wrong can lead to:

In practical terms:

Your business may not actually own its most valuable asset — its brand

If you’re filing (or have filed) a trade mark, consider:

In most cases, the company should own the trade mark.

The entity that controls and commercialises the brand should typically be the registered owner.

If yes:

Quick or DIY filings often lead to ownership issues later.

Trade marks should sit within your:

If you’re unsure whether your trade marks are owned by the right entity — or you’re setting things up properly from the start — it’s worth getting clarity early.

👉 Book a strategy call:

Black Star Pastry Pty Ltd v Richards (No 2) [2026] FCA 383

If you know a founder, creative, or advisor who’s building a brand — this is an important one to share.

Because most trade mark issues don’t come from failing to file…

They come from filing in the wrong name.

World IP Day Special: IP and Sports — Ready, Set, Innovate!

What do the Olympics, Nike, athlete sponsorships, and sports technology all have in common?

They’re powered by intellectual property.

In this World IP Day special, we unpack this year’s theme — “IP and Sports: Ready, Set, Innovate!” — and explore how sport provides one of the clearest real-world examples of how IP creates value, protects brands, and drives revenue.

This episode breaks down how IP operates behind the scenes in sport — and, more importantly, what business owners can learn from it.

Because whether you’re building a brand, launching a product, or scaling a business, the same principles apply.

Behind every team, event, and broadcast is a framework of trade marks, copyright, and licensing rights that make commercialisation possible.

Merchandise, sponsorships, and media rights only work because ownership is clear and enforceable.

From wearable tech to performance data, sport continues to generate IP that becomes new revenue streams.

Names, images, and reputations are commercial assets that need to be carefully managed and protected.

Major sporting bodies actively enforce their rights — because unmanaged IP quickly loses value.

If your brand, product, or content disappeared tomorrow:

If you want to make sure your business is properly protected — or you’re scaling and need to get your structure and IP right — you can book a strategy call:

🌐 www.elisesteegstra.com

World Intellectual Property Day is celebrated annually on 26 April and highlights the role IP plays in encouraging innovation and creativity.

The 2026 theme:

If you found this episode useful, share it with a business owner, founder, or advisor who is building something worth protecting.

Choosing a business name feels like a creative decision — but legally, it’s one of the most important strategic choices you’ll make.

In this episode of Elise Explains IP, we unpack the most common trade mark mistakes startups make, and why getting this wrong early can lead to expensive rebrands, lost opportunities, and unnecessary legal risk.

Through practical examples and real-world scenarios, you’ll learn how to protect your brand properly from day one — and avoid building a business around a name you don’t actually own.

We walk through the example of a startup building a brand under a name that:

…resulting in exposure to rebranding, legal risk, and growth limitations.

It’s a situation I see regularly — and one that is almost always preventable.

If you’re building or growing a business:

If you’d like clarity on whether your brand is actually protected — or want to get it right before you launch — you can book a strategy call:

🌐 www.elisesteegstra.com

If you found this episode helpful: