Ed Sheeran faces copyright infringement lawsuit over ‘Thinking Out Loud’

Angelique Agarap

April 24, 2023

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  Photo: Ed Sheeran

  The long-awaited trial over charges that British pop sensation Ed Sheeran owes a cut of the revenues from his smash song ‘Thinking Out Loud’ for plagiarizing Marvin Gaye’s ‘Let’s Get It On’ has begun.

  The trial, which is taking place at the High Court in London, has piqued the interest of both music enthusiasts and legal experts. The 32-year-old singer-songwriter has been accused of plagiarizing aspects of Gaye’s 1973 classic for his 2014 song, which has sold over 15 million copies worldwide.

  The estate of Ed Townsend, who co-wrote ‘Let’s Get It On’ with Gaye, has filed the complaint. The estate alleges that Sheeran’s song has “melodic, harmonic, and rhythmic elements” that are “substantially similar” to those in the Gaye song and is requesting a cut of the earnings from ‘Thinking Out Loud.’

  Jury selection for the trial began on Monday, April 24, with potential jurors being questioned about their knowledge of Sheeran, Gaye, and their respective music careers. The judge overseeing the case instructed jurors that they must be impartial and make their decision based solely on the evidence presented during the trial.

  The trial will span many weeks, with both sides expecting to bring expert witnesses to testify about the similarities between the two songs. Moreover, Sheeran, known for his catchy and melodic pop songs, has denied any wrongdoing and insists that ‘Thinking Out Loud’ is an original composition.

  Futhermore, if the jury rules in favor of Ed Townsend’s estate, Sheeran could be required to pay a large sum of money in damages. The trial’s conclusion could also have far-reaching consequences for the music industry, since it raises concerns about the extent to which musicians can be held accountable for similarities between their compositions and those that have come before.

  Meanwhile, a court document reveals the heirs received 22% of the writer’s share of Gaye’s song from Townsend. Sheeran is being sued in two separate cases by investment banker and ‘Bowie Bonds’ developer David Pullman’s Structured Asset Sales LLC, which owns one-third of Townsend’s rights to the song.

  Sheeran won a trial in London last year in a separate copyright case over his hit ‘Shape of You.’ On the other hand, Gaye’s heirs won a landmark verdict in 2015 over claims that the Robin Thicke and Pharrell Williams’ song ‘Blurred Lines’ copied Gaye’s ‘Got to Give It Up.’

  Suit yourself with the most popular songs of Ed Sheeran here:

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