Ed Sheeran Wins Copyright Case Of His Song 'Thinking Out Loud' Over Marvin Gaye's 'Let's Get In On'

 

Ed Sheeran was accused of copying the 1973 classic, "Let's Get It On", for his 2014 hit song, "Thinking Out Loud'", which won him two Grammy awards and a number one spot on Billboard 200. The popstar in his defence, described the similar syncopated chord pattern used in both songs, as "common building blocks", and thus, no case of infringement.

During the court session in downtown Manhattan, Ed Sheeran testified with a guitar in hand in order to show that his hit song was created independently with his friend and longtime collaborator, Amy Wadge. And that the song was inspired by the decades long love that he and Ms. Wadge had observed among the elders in their families.

The copyright suit was filed by the family of Ed Townsend, Gaye's co-writer, basing their claims on the similar chord in both songs. Mr. Sheeran and his lawyers never denied that the chords in the two songs are similar, but called them commonplace musical building blocks that have turned up in dozens of other songs.

The plaintiffs in the case argued that even if elements like chords may not be under copyright individually, their “selection and arrangement” on “Let’s Get It On” however was original and quite distinctive enough to warrant protection. Mr. Sheeran’s side in their defence responded that the plaintiffs’ case did not pass the high legal bar required for such protection.

In “Thinking Out Loud,” he testified, the second of the four chords in the progression was major, rejecting a suggestion by Alexander Stewart, a musicologist from the University of Vermont hired by the plaintiffs, that it was similar to a minor one in “Let’s Get It On.”

“I know what I’m playing on guitar,” Mr. Sheeran said. “It’s me playing the chords.”

Mr. Sheeran also derided Mr. Stewart’s analysis of his vocal melodies which included an example with some notes changed as “criminal.”

“To have someone come in and say, ‘We don’t believe you, you must have stolen it,’” Mr. Sheeran said, “I find that really insulting.”

On Thursday, May 4, 2023, the jury, which deliberated for around three hours, found that Ed Sheeran had created his song independently.

In a statement read by the pop star outside the courtroom, he described his excitement, as well as frustration on the claims surrounding the suit.

The statement reads;

“I am obviously very happy with the outcome of the case. At the same time, I am unbelievably frustrated that baseless claims like this are allowed to go to court at all.”

“We have spent the last eight years talking about two songs with dramatically different lyrics, melodies and four chords which are also different and used by songwriters every day, all over the world,” Mr. Sheeran continued. “These chords are common building blocks which were used to create music long before ‘Let’s Get It On’ was written and will be used to make music long after we are all gone.”

“I am just a guy with a guitar who loves writing music for people to enjoy,” he added. “I am not and will never allow myself to be a piggy bank for anyone to shake.”

After the delivered its judgement, Ms. Townsend said that she respected the jury’s decision and added that she had defended her father’s legacy. In her words, “I stood up for my father’s intellectual properties, I was up against an army.”