In a significant ruling on November 1, a federal appeals court determined that Ed Sheeran did not infringe on Marvin Gaye’s iconic 1973 track “Let’s Get It On” with his 2014 hit “Thinking Out Loud.” This verdict, reported by Reuters, reaffirms Sheeran’s creative integrity amidst ongoing legal battles regarding copyright.
(image: USA Today)
Court Finds No Copyright Infringement
The U.S. Court of Appeals for the Second Circuit clarified that the two songs share only basic musical elements that cannot be claimed by any one songwriter. The ruling dismissed a lawsuit filed by Structured Asset Sales, a company with a minor interest in Gaye’s original song. The case claimed that Sheeran, 33, borrowed a chord progression and rhythm from Gaye’s work. However, the court highlighted that these elements were fundamental building blocks of music too common to warrant exclusive ownership.
Judges stated, “The four-chord progression in question—common in pop music—combined with a syncopated harmonic rhythm, is overly familiar to satisfy the originality required under copyright law.” They cautioned that granting ownership over such basic musical constructs could hinder creativity and contradict the very essence of copyright protection.
(image: People)
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Differences Between the Songs Highlighted
In further detail, the appeals court noted that there are clear distinctions between Sheeran and Gaye’s compositions. It emphasized that neither the melody nor the lyrics of “Thinking Out Loud” resemble those found in “Let’s Get It On” asserting that “undeniable and obvious differences exist.”
Since the release of “Thinking Out Loud,” which Sheeran co-wrote with Amy Wadge, he has faced multiple lawsuits. Notably, in 2017, he was sued by the heirs of Ed Townsend, the co-writer of Gaye’s classic. This earlier case concluded in May 2023, with Sheeran exonerated of any liability. Reflecting on the resolution, Sheeran expressed relief that the truth was acknowledged and believed.
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Future Legal Challenges Loom
Despite the favorable ruling in this recent appeal, Sheeran is not entirely free from legal scrutiny. He is currently contending with another lawsuit from Structured Asset Sales, which focuses on potential copyright infringement related to the sound recording of “Let’s Get It On.” This case has been paused pending the outcome of the earlier lawsuit.
In response to the ruling, SAS owner Pullman criticized the court for narrowing its analysis to just two songs amid a vast catalog of over 60 million registered tracks. Meanwhile, Sheeran’s attorney, Donald Zakarin, conveyed satisfaction with the court’s decision, reiterating that it aligns with the earlier jury’s findings that Sheeran and Wadge independently created “Thinking Out Loud.”
(image: USA Today)
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As the music industry continues to grapple with complex copyright issues, this ruling serves as a crucial precedent in protecting artistic expression while upholding the principles of creativity and originality.
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