Following a trial involving Ed Sheeran playing the guitar and singing in court, a Manhattan jury determined that the artist did not intentionally violate the copyright of Marvin Gaye’s “Let’s Get It On” with his Grammy-winning song “Thinking Out Loud.”
The decision was made after nearly three hours of trial debate. Ed Sheeran, who appeared in a suit and tie, embraced his lawyers and expressed his delight at the outcome. He was also frustrated that false claims like these might again be brought to court. “Obviously, I’m overjoyed with the conclusion of the case. And it appears that I won’t have to give up my regular job after all,” he stated to the media outside the court building.
The plaintiffs refused to make remarks outside the courtroom after the verdict was made public in Ed Sheeran’s favour. The family of the late co-writer of “Let’s Get It On,” Ed Townsend, charged Ed Sheeran with stealing the song’s sheet music. The lawsuit alleged that Ed Sheeran borrowed the 1973 soul classic’s beat, chord sequence, and other parts without authorisation for his Grammy-winning 2014 track “Thinking Out Loud.” During opening arguments in Manhattan federal court, renowned civil rights attorney Ben Crump, who represented the plaintiffs, claimed the “case was about giving credit where credit was due.”
Ed Sheeran appeared throughout the trial, even singing and playing guitar when it was necessary. He once played a mash-up of his and Marvin Gaye’s tracks to show how common the four-chord pattern was for his song “Thinking Out Loud.” During his testimony, he also sang “Thinking Out Loud” sections while detailing the song’s development with co-writer Amy Wadge. Sheeran revealed that his producers referred to “Thinking Out Loud” as his Van Morrison song since it resembled the work of the Northern Irish singer, who had an important impact on his music.
In her closing statement, Ilene Farkas, Sheeran’s lawyer, stated that the case should never have been undertaken and that the client was “unjustly charged” with stealing from “Let’s Get It On.” Farkas reminded the jury that a conviction against Ed Sheeran would have major ramifications for artistic freedom, adding that “we are all benefiting from musicians being free to innovate and create on what came before them.”
Ben Crump, who represented the plaintiffs, produced a clip of Ed Sheeran performing a mash-up of the two songs during a concert, alleging that it was their “smoking gun” that proved the compositions’ infringing resemblance. After the judge saw the clip of Ed Sheeran singing a mash-up of the two songs, he said, “If I had done what you’re blaming me of doing, I’d be quite an idiot to be present on the stage in front of 25,000 people and perform that.” Outside the courthouse, juror Sophia Neis told the media that the panel “thought long and carefully” about the issues they were given before arriving at a conclusion.
Ed Townsend’s heirs filed a lawsuit against Sheeran, Warner Music Group, and Sony Music Distribution in 2017. It is important to be noted that this is not the first time Ed Sheeran or Gaye’s music has been the subject of a copyright dispute. Ed Sheeran won a copyright infringement case involving “Shape of You” in 2020, while Gaye’s descendants won a lawsuit in 2015 against Robin Thicke and Pharrell Williams over “Got to Give it Up.”
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