The copyright infringement trial over Ed Sheeran’s 2014 hit “Thinking Out Loud” and Marvin Gaye’s 1973 classic “Let’s Get It On” has gone to the jury. The Gaye family’s lawyer argued that the similarities were beyond basic and constituted a substantial infringement on the original song. Sheeran’s lawyer argued that the similarities between the two songs amounted to basic musical elements and that the plaintiffs could not show that the “Thinking Out Loud” creators had any knowledge of “Let’s Get It On”. Before the case was heard by the jury, Sheeran said that a ruling in the plaintiffs’ favour would cause him to quit the music industry completely. This case is part of a series of high-profile lawsuits over claims of copyright infringement in the music industry.
The lawsuit was filed about six months after “Thinking Out Loud” won the Grammy award for Song of the Year in 2016. The plaintiffs have argued that there are similarities between the chord progression, harmonic rhythm, and certain melodies in the two songs. In response, Sheeran’s legal team has argued that the melodies are different and that the elements used in both songs are common in pop music.
During the hearing, the defence attorney argued that Sheeran and co-writer Amy Wadge did not consciously copy “Let’s Get It On,” and that any similarities between the two songs are “basic to the toolkit of all songwriters, including Ed and Amy.”
The case has been closely watched by the music industry as it involves two of the biggest names in music history. Gaye co-wrote the song alongside a former collaborator, Ed Townsend, who died in 2003. Lawyers for his heirs argued Sheeran copied the “heart” of the Gaye song in a performance of “Thinking Out Loud” on a television show in 2014, and also said he lifted elements including melodic, harmonic and rhythmic components.
The lawyer for the plaintiffs, however, asked the jury not to be “blinded by the defendant’s celebrity.” Sheeran was seen shaking his head during the closing argument. Further, if the jury finds in favour of Townsend’s heirs, a second trial will be held to decide on damages.
Before the jury began deliberating, the Sheeran’s attorney, Ilene Farkas, questioned whether similarities between the two songs “rise to the level of copyright infringement”. Farkas pointed out during closing arguments that both songs shared a chord progression used in many other songs, including “Georgia On My Mind” and “Stand By Me.”
Sheeran’s defense lawyer cited evidence from a music expert who examined the chord structures of both songs and found similarities with other songs dating back 300 years, saying that the chord structure pattern that underpins both “Thinking Out Loud” and “Let’s Get It On” is “ubiquitous in human history” and is “something that is in the musical DNA.” She added that this chord progression was “not unique, not original” and that “any similarities are coincidence.”
The plaintiffs’ musicologist, however, argued that “Let’s Not Get It On” comprised “70% of “Thinking Out Loud,” and that the songs sounded similar in melody and rhythm. The judge told the jury that the plaintiff had to prove “Let’s Get It On” had been “wrongfully copied”.
The trial is part of a larger trend of songwriters and musicians testing the limits of copyright protection in music. Copyright lawsuits have increased significantly in recent years, as many artists are now seeking out payments for derivative works or sounds that have been heavily borrowed from or influenced by their earlier material.
In conclusion, the jury’s decision is eagerly awaited as it will set a precedent for future copyright infringement cases in the music industry. The case once again brings into question the issue of copyright protection in music, and whether “common chord patterns,” as argued by Sheeran’s defense, should be considered as the “letters of the alphabet of music,” or if this time, the jury will deem Sheeran’s hit as a substantial infringement on the classic “Let’s Get It On.”
