Summary:
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Ed Sheeran wins copyright lawsuit over “Thinking Out Loud” against estate of “Let’s Get It On” co-writer.
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Sheeran argued that using similar chords did not require Gaye estate permission, leading to victory in court.
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Industry celebrates the landmark decision, supporting Sheeran’s win for songwriters’ creative freedoms in pop music.
Grammy winning singer-songwriter Ed Sheeran just won the copyright lawsuit over his 2014 hit song “Thinking Out Loud.” The estate of Ed Townsend, who co-wrote Marvin Gaye’s 1973 hit “Let’s Get It On,” sued Sheeran for copyright infringement. The suit came shortly after a similar case was filed in the U.K. over another hit song of Sheeran’s, “Shape of You.” Days ago, the singer threatened to quit the music industry for good if he lost the American lawsuit.
While “Thinking Out Loud” and “Let’s Get It On” have entirely different lyrics, they bear the same chord progression. Sheeran’s legal defense (including cowriter Amy Wage) argued that he did not require the permission of the Gaye estate to use the similar chords, nor did he plagiarize the song. Several popular songs incorporate similar melodic elements but different lyrics, and legally are classified as interpolations. Such was the case with Olivia Rodrigo’s “good 4 u” and Paramore’s “Misery Business.”
The suit was initially filed in 2017, but took several years to make it to court in Manhattan, New York. In wake of his big win in court, Sheeran told reporters at the scene that he was “very happy with the outcome of the case” and that he could “keep his day job” but expressed frustration over the case’s hearing in the first place.
"I'm obviously very happy with the outcome of the case, and it looks like I'm not having to retire from my day job after all," Ed Sheeran said after a jury determined that he did not wrongfully copy compositional elements or melodies from “Let’s Get It On” https://t.co/KfWTtvsVoU pic.twitter.com/X5r5mWVdRF
— CNN (@CNN) May 4, 2023
To add to his frustration with the “baseless” lawsuit, Sheeran was forced to miss his grandmother’s funeral in Ireland due to his mandatory court appearance.
Ed Sheeran had to miss his grandmother’s funeral in Ireland today due to his mandatory attendance in court for his copyright case. pic.twitter.com/1NDbpAslPi
— Pop Tingz (@ThePopTingz) May 3, 2023
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Industry Reactions
The case marks a landmark in the protection of creative freedoms for songwriters in pop music. Today, songwriters are voicing support for Sheeran’s win in court.
That “Let’s Get It On”/Ed Sheeran lawsuit is bullshit and a slippery slope to a dangerous precedent if he loses. Here’s why imho. #chordsarentsongs pic.twitter.com/VhzD6RJjNG
— Scott Simons (@scottsimonsWVLA) April 26, 2023
Despite mixed public opinions about the singer’s music, industry workers are praising the outcome of the lawsuit, as it will likely benefit the industry as a whole in the long run.
Ik y'all wanted Ed Sheeran to lose this case & quit music, but him winning this is a W for all music lovers.
Trying to claim a melody as original when billions are made each day out of few music notes only makes life harder for everyone else. pic.twitter.com/e510SWBrlI
— Dedee ???? (@thoughtfulbae) May 4, 2023
Sheeran’s new album, “-“, drops on all streaming platforms tomorrow, and will be accompanied by a series of corresponding videos.
