Ed Sheeran appeared in a New York City court to deny allegations that his hit song, Thinking Out Loud, copied Marvin Gaye’s Let’s Get it On. The heirs of Gaye’s co-writer claim that Sheeran, Warner Music Group, and Sony Music Publishing owe them money for allegedly stealing the song. During the trial, a lawyer representing Gaye’s heirs argued that Sheeran’s use of Gaye’s lyrics at concerts was evidence of his guilt.
Sheeran testified that he did not copy from Gaye’s 1973 hit. When asked about his song Take it Back, which includes the lyrics “plagiarism is hidden,” Sheeran confirmed that he wrote the words. However, the lawyer cut him off when he tried to give context and asked him about concert footage from Zurich that showed him mixing Gaye’s lyrics with his own.
During the trial, civil rights advocate Ben Crump, who represents the family, called a concert video a “smoking gun” confession, but Sheeran denied the allegations and explained that he sometimes mixes songs with similar chords at his performances. Sheeran also expressed his frustration when the lawyer cut him off during his testimony.
The trial, which is expected to last a week, will determine whether Sheeran, Warner Music Group, and Sony Music Publishing are liable for copyright infringement. If found guilty, the trial will enter a second phase to determine the amount of money owed. The case coincides with Sheeran’s plans to embark on a North American stadium tour and release a new album.
During the trial, Sheeran’s lawyer argued that both songs were distinct from each other, and that no one should be able to monopolize commonly used musical chord progressions. The lawyers also stated that the two songs shared a similar and unprotectable chord progression that was available to all songwriters.
Earlier, investment banker David Pullman and a company called Structured Asset Sales (SAS), which had acquired a portion of the estate of Let’s Get It On co-writer Ed Townsend, lodged a claim seeking $100m in damages against Sheeran and co-writer Amy Wadge. The claim alleges that they copied and exploited Gaye’s song, including its melody, rhythms, harmonies, drums, bass line, backing chorus, tempo, syncopation, and looping. The trial coincides with Sheeran’s plans to launch a North American stadium tour and release a new album.
The trial involves co-writer Amy Wadge, who is expected to testify, along with several expert musicologists. This is not the only case Sheeran is facing over the song, as a second case filed by Structured Asset Sales is currently on pause, while another suit by another part of Ed Townsend’s estate is awaiting trial. “Thinking Out Loud” topped the charts in the UK in 2014 and won song of the year at the Grammy Awards in 2016.
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