Topline
Singer-songwriter Ed Sheeran was found not liable Thursday in a copyright infringement lawsuit that alleged his hit “Thinking Out Loud” stole elements from the iconic 1973 Marvin Gaye song “Let’s Get It On,” multiple news outlets reported, marking a victory for the music industry.
Recording artist Ed Sheeran arrives to New York Federal Court as proceedings continue in his … [+]
Key Facts
The verdict follows a week-long trial in Manhattan federal court—the jury began deliberating for about five minutes on Wednesday before being sent home and told to return the following day.
The lawsuit was brought by the descendents of Ed Townsend, who co-wrote “Let’s Get It On” with Gaye, and focused on musical composition elements like harmonies, lyrics and melodies.
The plaintiff’s lawyers argued it was “more likely than not” that Sheeran and his co-writer, Amy Wadge, didn’t write the song independently, and said Sheeran’s team was counting on the jury to be “very, very overwhelmed by his commercial success,” CNN reported.
In closing arguments on Wednesday, Sheeran’s lawyer argued if the jury sides with the plaintiffs, it could have “a devastating impact on future musicians” and creativity could be stifled, according to the New York Times.
Key Background
This suit was first filed in 2016, two years after the song was released. The Townsend estate claimed Sheeran and Wadge had stolen the chord composition from Gaye’s song, and showed a video of Sheeran performing live and transitioning smoothly from “Thinking Out Loud” to a cover of “Let’s Get It On,” which they called a “smoking gun.” Sheeran’s team recognized the songs have similar chord progressions but argued that the chords are generic and can be used by any artist, and Sheeran pointed out that most pop songs can be layered over each other like the video example showed. The pop singer and songwriter has been sued over two other hit songs: “Photograph” and “Shape Of You.” The lawsuit over “Photograph” was settled and the writers who sued were retroactively given writer credits on the song, but Sheeran won the suit over “Shape Of You.” After that victory, he posted a video on Instagram and said, “there’s only so many notes and very few chords used in pop music … coincidence is bound to happen if 60,000 are being released every day on Spotify.”
Tangent
This isn’t the first time Marvin Gaye’s music has been involved in copyright infringement suits, either. In 2018, Pharrell Williams and Robin Thicke were ordered by a judge to pay the Gaye estate almost $5 million dollars after a 2015 ruling that their song “Blurred Lines” copied Gaye’s 1977 song “Got to Give It Up” was upheld in court. NBC News reported that during the trial, more than 200 musicians filed amicus briefs in support of Thicke and Williams’ appeal—expressing concern similar to what Sheeran and his team did this time around—that if they were found guilty it would be “very dangerous” for the music industry.
Crucial Quote
Earlier in the week, Sheeran had said if he was found guilty he would be done making music, the Daily Mail reported, with Sheeran saying: “If that happens, I’m done, I’m stopping … I find it really insulting to devote my whole life to being a performer and a songwriter and have someone diminish it.”
Further Reading
Ed Sheeran not liable in Marvin Gaye copyright battle, jury rules (Washington Post)
Live updates: Jury finds Ed Sheeran did not infringe in copyright case (CNN)
Ed Sheeran Copyright Trial Goes to the Jury. Here’s What to Know. (New York Times)
Jury briefly deliberates in Ed Sheeran copyright infringement case before ending for the day (CNN)
Let’s Get The Trial On: How Ed Sheeran’s Court Case Can Impact Artists And Their Estates (Forbes)
Source: https://www.forbes.com/sites/mollybohannon/2023/05/04/ed-sheeran-didnt-copy-marvin-gaye-song-in-thinking-out-loud-jury-finds/