Ed Sheeran Wins Plagiarism Lawsuit in New York, Breathes Relief into Music Industry

A jury acquitted 32-year-old British singer-songwriter Ed Sheeran in a civil trial on Thursday of charges of illegally copying Marvin Gaye’s 1973 soul classic “Let’s Get It On” for his hit “Thinking Out Loud”. , as reported by an AFP reporter on site. The ruling has far-reaching implications for the music industry.

Originally, Sheeran wanted to focus on his upcoming tour and the release of a new album. But then regular court dates in New York were also on the program for the British pop musician. And it wasn’t just about allegations of plagiarism because of one of the singer’s songs – but possibly about the future of an entire industry. Because the real question in the process is: are chord progressions copyrighted? The lawsuit is the latest in a string of high-profile copyright cases that are shaking the industry.

In court, Sheeran, in desperation, even picked up his guitar to prove to judges and juries that his song’s offending chord progression was a fundamental building block of popular music that could not be copyrighted. His attorneys argue that Gaye and Townsend were far from the first to use this chord progression. As an example, they cited a series of songs by Northern Irish musician Van Morrison that used the same sequence and were written before “Let’s Get It On”.

Forensic musicologist Joe Bennett shared this view. “Such similarities can so easily arise by chance,” said the professor at the Berklee College of Music in Massachusetts. “They shouldn’t be protected by copyright.”

Both sides have hired experts for the trial to explain the details of music theory to the jury. How the lay judges will decide in the end is completely uncertain. “If you play music for the jury, it can end either way,” says Bennett.

There have been several music copyright decisions in recent years: In 2016, Gaye’s family, who are not involved in the current lawsuit, sued artists Robin Thicke and Pharrell Williams over similarities between the song Blurred Lines and Gaye’s Got to Give It Oops». The success of this lawsuit surprised many in the music business and even legal professionals, who viewed many of the musical elements at issue as fundamental and free to the general public.

Shortly thereafter, an appeals court upheld British rock band Led Zeppelin’s victory in a similar case involving their most famous song, “Stairway to Heaven.” “One reason the Ed Sheeran case could be really important to the industry is that it could show if the pendulum swings back and forth or if it goes back and forth,” said copyright lawyer Joseph Fishman of from the US University of Vanderbilt. If the courts always decide differently, “that could have a chilling effect on the way songwriters compose,” says the law professor.

Other songwriters would have told Sheeran, “You have to win for us,” the singer explained in court. If the plaintiffs prevail, “then I’m done,” said the 32-year-old in a desperate voice. “I find it really insulting how the work of my entire life is belittled by someone saying I stole.”