June 7th, 2023
Interesting Case: Ed Sheeran ‘Thinking Out Loud’ Copyright Infringement Lawsuit
The one thing about the law is that there is never a shortage of interesting cases out there. Whether the lawsuit involves intriguing facts or famous people, it seems that there is always a captivating dispute that is hashed out in court. Adding to that list of interesting cases is a recent copyright infringement case involving world-renowned English singer-songwriter, Ed Sheeran. The case surrounds Ed Sheeran’s popular hit “Thinking Out Loud.”
Before we dive into the particulars of the case, what is copyright infringement? According to the U.S. Copyright Office, “[a]s a general matter, copyright infringement occurs when a copyrighted work is reproduced, distributed, performed, publicly displayed, or made into a derivative work without the permission of the copyright owner.” Put simply, it is the unauthorized use of work that has been copyrighted by someone else.
So that brings us to the case at hand. Ed Sheeran was accused of copying the sheet music for “Let’s Get It On” by Marvin Gaye, an internationally famous musician in his own right. The lawsuit was filed by the heirs of Ed Townsend, the co-writer of “Let’s Get It On.” Notably, the heirs claimed that Sheeran unlawfully used the “harmonic progression” and the “melodic and rhythmic elements.” Of course, Ed Sheeran denied the allegations and maintained the position that the chord progressions and rhythms are fundamental musical building blocks. Now the oddities of this lawsuit do not end simply with the parties involved and the claims and positions made. Indeed, the trial saw Ed Sheeran testify and even play the guitar while on the stand. That is not something that you would see often.
So how did the trial end? The interesting trial ended with a verdict in favor of Ed Sheeran. The jury deliberated for approximately three hours on the issue before deciding for Ed Sheeran. Interestingly, though, this is not the first time Ed Sheeran was sued for one of his songs. Indeed, Ed Sheeran also won a copyright infringement lawsuit involving the popular song “Shape of You.”
Going forward, do not be surprised if you hear about similar lawsuits. It is a complex area of the law that becomes even more convoluted as it involves artistic creativity of highly talented performers. The legal profession sees a lot of interesting scenarios on a daily basis. This recent victory for Ed Sheeran simply adds to the list.