Jury selection begins Monday in Manhattan federal court in preparation for a trial over allegations that British pop star Ed Sheeran owes a share of the profits from his hit song “Thinking Out Loud” to a copy of Marvin Gaye’s “Let’s Get It On”.
The estate of Ed Townsend, the songwriter, filed a lawsuit against Sheeran, Warner Music Group, and record label Sony Music Publishing, for allegedly plagiarizing Jay’s classic song that Townsend co-wrote.
The trial is the first of three that Sheeran may face over the similarities between the two hit songs.
Townsend’s estate sued Sheeran for copyright infringement in 2017, alleging that his song copied the “core” of Gaye’s song including its melody, harmonies and rhythm.
Warner Music Group, Sony Music Publishing and attorneys from the companies did not respond to requests for comment.
Marvin Gaye collaborated with Townsend to write “Let’s Get It On,” which topped the Billboard charts in 1973. Sheeran’s “Thinking Out Loud” peaked at number two on the 2015 Billboard Hot 100.
Townsend’s estate sued Sheeran for copyright infringement in 2017, alleging that his song copied the “core” of Jay’s song including its melody, harmonies and rhythm.
But Sheeran argued that any similarities between the two songs are the essential unprotected musical “building blocks”.
If the jury finds that Sheeran violated intellectual property rights, a Manhattan court will hold another trial to determine the amount he and the producing companies must pay.
