Ed Sheeran arrives at court for copyright trial that claims his mega 2014 hit ‘Thinking Out Loud’ ripped off parts of Marvin Gaye classic ‘Let’s Get It On’
- Ed Sheeran is being sued over claims a 2014 hit song ripped off Gaye’s classic
- The lawsuit was filed by heirs of Gaye’s co-writer in 2017 and trial begins today
British singer-songwriter Ed Sheeran has arrived at Manhattan Federal Court to testify in a copyright trial over allegations his 2014 song ‘Thinking Out Loud’ ripped off Marvin Gaye’s soul classic ‘Let’s Get It On’.
Jury selection and opening statements began earlier today in the suit brought by the heirs of Gaye’s co-writer, Ed Townsend, alleging ‘striking similarities’ and ‘overt common elements’ between the songs.
The lawsuit filed in 2017 has finally made it to a trial expected to last a week in the Manhattan federal courtroom of 95-year-old judge Louis L. Stanton.
Sheeran, 32, wrote ‘Thinking Out Loud’ with English singer-songwriter Amy Wadge and won a Grammy for it in 2014.
‘Let’s Get It On’ became one of Motown Records’ best-known singles, reaching number 1 on the Billboard Pop Singles in September 1973.
Sheeran arrives at Manhattan Federal Court in New York on 25 April to testify in the copyright case that alleges ‘striking similarities’ between Gaye’s classic and his Thinking Out Loud
Pictured: Ed Sheeran arrives at the Manhattan court with security as press gather outside
Ed Sheeran is pictured in a suit on the way to the Manhattan Federal Court in New York
Sheeran is pictured surrounded by members of the press as he arrives at the trial which was originally filed in 2017
Ed Sheeran walks into Manhattan federal court on Tuesday, 25 April 2023, in New York
British singer-songwriter Ed Sheeran arrives to testify over the Marvin Gaye copyright infringement claim at the Manhattan Federal Court in New York, April 25, 2023. – Sheeran is accused of copying the music of singer Marvin Gaye’s “Let’s Get It On,” co-written by Ed Townsend. (Photo by Kena Betancur / AFP) (Photo by KENA BETANCUR/AFP via Getty Images)
Jurors are expected to only consider the raw elements of melody, harmony and rhythm that make up the composition of ‘Let´s Get It On’, as documented on sheet music filed with the United States Patent and Trademark Office.
Sheeran’s attorneys have said the songs’ undeniable structural symmetry points only to the foundations of popular music.
‘The two songs share versions of a similar and unprotectable chord progression that was freely available to all songwriters,’ they said in a court filing.
Townsend family attorneys pointed out in the lawsuit that artists including Boyz II Men have performed seamless mashups of the two songs, and that even Sheeran himself has segued into ‘Let’s Get It On’ during live performances of ‘Thinking Out Loud.’
They sought to play a potentially damning YouTube video of one such Sheeran performance for the jury at trial.
Stanton denied their motion to include it, but said he would reconsider it after he sees other evidence that´s presented.
Gaye’s estate is not involved in the case, though it will inevitably have echoes of their successful lawsuit against Robin Thicke, Pharrell Williams and T.I. over the resemblance of their 2013 hit ‘Blurred Lines’ to Gaye’s 1977 ‘Got to Give it Up.’
A jury awarded Gaye’s heirs $7.4 million at trial – later trimmed by a judge to $5.3 million – making it among the most significant copyright cases in recent decades.
Sheeran’s label Atlantic Records and Sony/ATV Music Publishing are also named as defendants in the ‘Thinking Out Loud’ lawsuit.
Kathryn Townsend Griffin (C) daughter of singer and songwriter Ed Townsend, arrives at New York federal court before the start of a copyright infringement trial against singer Ed Sheeran
Kathryn Townsend Griffin (C), daughter of songwriter Ed Townsend, arrives at Manhattan Criminal Court on 25 April for the copyright infringement claim against songwriter Ed Sheeran
Kathryn Townsend Griffin speaks with members of the media outside Manhattan Criminal Court in New York on April 25, 2023, about the copyright infringement claim against Sheeran
American singer, songwriter and record producer Marvin Gaye (1939-1984) performs live on stage during a Kool Jazz Festival concert performance in the United States in July 1976
Generally, plaintiffs in copyright lawsuits cast a wide net in naming defendants, though a judge can eliminate any names deemed inappropriate.
In this case, however, Sheeran’s co-writer on the song, Amy Wadge, was never named.
Townsend, who also wrote the 1958 R&B doo-wop hit ‘For Your Love,’ was a singer, songwriter and lawyer.
He died in 2003. Kathryn Townsend Griffin, his daughter, is the plaintiff leading the lawsuit.
Already a Motown superstar in the 1960s before his more adult 1970s output made him a generational musical giant, Gaye was killed in 1984 at age 44, shot by his father as he tried to intervene in a fight between his parents.
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