Ed Sheeran emerges victorious in ‘Thinking Out Loud’ copyright case

A New York jury has ruled in favor of the British singer-songwriter Edward Christopher Sheeran aka Ed Sheeran, finding him not liable for copyright infringement in a closely-watched dispute that centered on whether he had copied Marvin Gaye’s “Let’s Get It On” in his hit song “Thinking Out Loud.”

The ‘found not guilty’ verdict has been seen as a significant victory for recording artists, and for Sheeran in particular, who had previously claimed he would quit the music industry and put off his musical career if he lost the copyright case.

“If that happens, I’m done, I’m stopping,” Sheeran had said. “I find it really insulting to devote my whole life to being a performer and a songwriter and have someone diminish it.”

The ‘Shape of You’ performer’s co-writer, Amy Wadge, and his wife, Cherry Seaborn, were reportedly in tears as the verdict was delivered.

Outside the court premises, Sheeran hugged his lawyer and team, and told reporters he was “obviously very happy” with the verdict and he “independently” created this song, but was also “unbelievably frustrated” that baseless claims like this were allowed to go to court at all.

“It’s devastating to be accused of stealing someone else’s song,” ‘Castle on the Hill’ singer said, adding that he was “just a guy with a guitar who loves writing music for people to enjoy” and would never allow himself to be “a piggybank for anyone to shake.”

The case was brought by the heirs of Ed Townsend, who co-wrote “Let’s Get It On” with Marvin Gaye. They had claimed that Sheeran’s “Thinking Out Loud” copied significant parts of the song, including its chord progressions and rhythms.

Although, Sheeran and Wadge both testified in front of juries during the trial that they did not copy “Let’s Get It On.” The sensational said he had only a passing familiarity with the song and that “Thinking Out Loud” was inspired by Irish musician Van Morrison.

Ilene Farkas, Sheeran’s lawyer, had argued to the jury that similarities in the chord progressions and rhythms of Gaye’s classic and Sheeran’s hit were “the letters of the alphabet of music” and that songwriter must be free to use them.

“These are basic musical building blocks that songwriters now and forever must be free to use, or all of us who love music will be poorer for it,” she explained.

But Keisha Rice, who represents Townsend’s heirs, had counter-argued the jury that her clients had not claimed to own basic musical elements but rather “the way in which these common elements were uniquely combined.” She had urged the jurors to use their “common sense” to decide whether the songs were similar or not.

The judge had instructed the jury that “independent creation is a complete defense, no matter how similar that song is.”

The jury bench reached its decision after three hours of deliberation.

The ‘Shivers’ star is also facing claims over “Thinking Out Loud” in the same court from a company owned by investment banker David Pullman that holds copyright interests in the Gaye song.

ALSO READ| Ed Sheeran performs Thinking Out Loud live in court during Copyright trial

This is not the first time Gaye’s music has been at the center of a copyright dispute. In 2015, his heirs won a $5.3 million judgment from a lawsuit claiming that the Robin Thicke and Pharrell Williams song “Blurred Lines” copied Gaye’s “Got to Give It Up.”

Sheeran won a trial in London last year in a separate copyright case over his hit song “Shape of You.” The singer is the subject of a new Disney+ documentary docuseries, “Ed Sheeran: The Sum of It All,” which premiered earlier this week.

“These trials take a significant toll on everyone involved,” Sheeran said outside court. This Friday sees the release of his fifth studio album, “Subtract.” To date, he has sold more than 150 million records.