Another Landmark Victory For Ed Sheeran In Copyright Infringement Case

• Jurisdiction: United States,Federal
• Law Firm: Myerson Solicitors LLP
• Subject Matter: Intellectual Property, Media, Telecoms, IT, Entertainment, Copyright, Music and the Arts
• Author: Myerson Solicitors LLP
• Published date: 30 May 2023

Ed Sheeran is no stranger to copyright claims.

Only last year, he successfully fended off a copyright infringement claim brought against his song Shape Of You.

This time, Ed was required to appear in a Manhattan courtroom to defend allegations of copyright infringement against his Grammy award-winning song Thinking Out Loud.

The infringement claim was brought by the heirs of Ed Townsend, who co-wrote 'Let's Get It On' with Marvin Gaye.

The heirs alleged that Sheeran's Thinking Out Loud copied harmonic progressions and melodic and rhythmic elements from Let's Get It On without permission.

Although this case is subject to US copyright law which differs from UK copyright law, it is a case that the global entertainment industry has closely watched, and we have therefore discussed some of the highlights of the case and the final decision below.

Highlights of the Case

In response to the infringement claim, Ilene Farkas, Sheeran's attorney, argued that any elements of Thinking Out Loud" bearing a resemblance to Let's Get It On were not subject to copyright protection because those elements are basic "building blocks" of music regularly used by artists everywhere.

As such, she argued that they were not subject to protections against infringement under relevant US law.

In response, Keisha Rice, representing the heirs of Ed Townsend, contended her clients had not claimed to own the basic musical elements but rather "the way in which these common elements were uniquely combined" and presented a video which described as a "smoking gun" showing Mr Sheeran move seamlessly between Thinking Out Loud and Let's Get It On at a live show.

Mr Sheeran responded by testifying that he frequently performs such medleys in concerts which are made possible by the limited harmonic palette of mainstream pop music.

At one point, Mr Sheeran even broke out his guitar to rebut testimony provided by an expert musicologist acting for the heirs of Ed Townsend.

In closing arguments, Mr Sheeran's attorney said that her client had created Thinking Out Loud independently and attacked the...