British singer-songwriter Ed Sheeran has emerged victorious in his long-running legal battle over the copyright of his hit song “Thinking Out Loud.” The Second Circuit Court of Appeals in New York ruled in favor of Sheeran, stating that the similarities between his song and Marvin Gaye’s “Let’s Get It On” were not enough to constitute copyright infringement.
The lawsuit was initially filed in 2016 by the estate of Ed Townsend, who co-wrote “Let’s Get It On” with Gaye. They claimed that Sheeran’s song copied the “melody, harmony, and rhythm compositions” of Gaye’s classic track. In 2019, a jury found Sheeran liable for copyright infringement and ordered him to pay $5 million in damages.
However, Sheeran appealed the decision, arguing that the similarities between the two songs were based on “unprotectable elements” such as a common chord progression and basic musical elements. The Second Circuit Court agreed with Sheeran’s argument, stating that the chord progression in question was “ubiquitous” and not subject to copyright protection.
The court’s ruling also emphasized the importance of not overprotecting basic elements in music, as it could stifle creativity and undermine the purpose of copyright law. The decision was welcomed by many in the music industry, who feared that a ruling in favor of the Gaye estate could set a dangerous precedent for future copyright cases.
Sheeran’s lawyer, Richard Busch, expressed his satisfaction with the ruling, stating that it was a “victory for all music creators and the creative process.” He also thanked the court for recognizing the importance of not stifling creativity in the pursuit of protecting copyright.
This is not the first time that a high-profile copyright case has been brought against a popular artist. In 2015, Robin Thicke and Pharrell Williams were ordered to pay $5.3 million to the estate of Marvin Gaye for their song “Blurred Lines,” which was deemed to have copied elements of Gaye’s “Got to Give It Up.” However, this ruling was also appealed and eventually settled out of court for a reduced amount.
The decision in Sheeran’s case is a significant victory for artists and songwriters, as it reaffirms the importance of allowing for inspiration and influence in the creative process. It also serves as a reminder that not all similarities between songs constitute copyright infringement, and that the line between inspiration and imitation can be a fine one.
