“Ed Sheeran Defends ‘Thinking Out Loud’ in Marvin Gaye Plagiarism Case”

On Thursday, Sheeran was the first witness for his own defense. He told the jury, among other things, how the song came about within a few hours. He was working on it with a girlfriend. According to him, the text was initially I’m singing out now and later changed to I’m thinking out loud. “I draw inspiration from a lot of things in my life and my family,” said the singer-songwriter.

At one point, Sheeran took the guitar from behind the witness stand, played the chord progression of Thinking Out Loud and sang the opening line: When your legs don’t work like they used to.

The case was filed a few years ago by relatives of Ed Townsend, who wrote the song together with Gaye. According to the prosecutors, there are “substantial similarities” between the two songs and they are seeking $ 100 million in damages. Lawyers for the heirs showed video earlier this week of Sheeran transitioning seamlessly between Thinking Out Loud in Let’s Get it On in a live performance, which they say amounts to an admission that he had listened to the song.

September last year, an American judge already ruled that a jury must reach a verdict, but Sheeran must therefore also be present to testify. Judges must judge the songs on the melody, harmony and rhythm. The lyrics of the songs are omitted in the rating.

For the past ten years, Sheeran has been one of pop music’s biggest hitmakers. He dominated the streaming platforms and collaborated with fellow stars such as Taylor Swift, Justin Bieber and Beyoncé. But he is more often under fire for plagiarism: for example, Sheeran also had to go to court last year, when because of his number Shape of you (2017). He was then acquitted of plagiarism, but called the case “devastating for the music industry.”

The case continues on Monday.

Watch and listen to Ed Sheeran’s ‘Thinking Out Loud’ and Marvin Gaye’s ‘Let’s Get It On’ below and judge the similarities and differences for yourself.