Singer Ed Sheeran has had a huge court battle.
The award-winning musician who first took the world by storm in 2011 has found himself in trouble over his hit song “Thinking Out Loud.”
Sheeran released the song as part of his second studio album, x (pronounced “multiply”), in 2014, winning multiple awards, including a Grammy. According to reports, the hit song is said to have infringed on Marvin Gaye’s 1973 hit, “Let’s Get It On.”
The “Bad Habits” hitmaker has now been ordered to defend himself in a lawsuit brought against him by Structured Asset Sales (SAS), which owns a major interest in Gaye’s hit song.
Read on to learn more.
Ed Sheeran Ordered To Stand Trial
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According to New York PostSinger Sheeran will not be able to avoid testifying in front of a jury for allegedly using part of Marvin Gaye’s 1973 hit “Let’s Get It On” in the song “Thinking Out Loud.”
The legal team for the “A Team” singer has asked Southern District of New York Judge Louis Stanton to throw out the suit, claiming that the same elements in the track are “common”. Unfortunately, their arguments weren’t enough to convince Stanton, who ruled Thursday that the case would be allowed to go to trial.
“There is no clear-line rule that the combination of two unprotected elements is insufficient to constitute an original work,” said Judge Stanton, per Billboard.
He added, “A work may be copyrightable even if it is entirely a compilation of elements that cannot be protected.”
“Thinking Out Loud” has garnered nearly 4 billion views on YouTube since its release in 2014. It also won Best Song and Best Pop Solo Performance at the 58th Grammy Awards held in 2016.
Lawsuit Filed Against Ed Sheeran In 2018
In 2018, Structured Asset Sales (SAS), which owns a partial interest in Gaye’s “Let’s Get It On,” filed a lawsuit against Sheeran, Co-Writer Amy Wadge, and the label and record label where the singer released “Thinking Out Loud.”
Per NPRThe $100 million lawsuit contains an explanation of how the two songs share many similarities, particularly in reference to the music theory used in their production.
It reads in part, “In Gaye’s song, this chord progression in the backing pattern occurs in the key of E flat, and in Sheeran’s song, the progression occurs in D major … listeners will hear the two progressions as functionally equivalent … Many listeners will not realize that Frank Sinatra sang ‘My Way’ in D major, while Elvis Presley sang the song in C major; it’s clearly the same song despite the difference in key.”
Trial Date Not Set
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Following Thursday’s ruling, a trial date has yet to be announced, but it will take place in Manhattan Federal Court. While it’s uncertain which way the final verdict could go, Sheeran stands to lose a lot of money if the jury decides that “Thinking Out Loud” has important elements from “Let’s Get It On.”
Stanton has already ruled in a separate ruling that Sheeran’s concert proceeds will be eligible for damages if he is found guilty. There is speculation that the prospective amount could reach several million dollars.
In a statement to BillboardIndustry executive David Pullman, who is showrunner on Structured Asset Sales, told the publication that he was “pleased” with the way the case turned out, adding that he “hopes for more success in this case involving the largest copyright infringement in history.”
Ed Sheeran Previously Won Copyright Case
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While things may look pretty bleak for Sheeran ahead of the case, there’s still a good chance he could emerge victorious, given that he previously won a different copyright suit over another of his hit singles, “Shape of You.”
Earlier in the year, Judge Antony Zacaroli of the UK’s high court ruled that Sheeran’s hit song did not infringe on a 2015 song called “Oh Why,” released by an artist named Sami Chokri, in collaboration with music producer Ross O’Donoghue.
Per Billboard, the ruling detailed that there was no evidence that Sheeran took inspiration from “Oh Why” when he wrote “Shape of You.” He stated that the differences between the two songs far outweighed the similarities claimed by Chokri.
Sheeran later shared in a statement that such suits “really damage the songwriting industry,” adding that coincidences in music creation are normal and not a sign of infringement.
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Source: thtrangdai.edu.vn/en/
