In a significant win for Ed Sheeran, a US appeals court has upheld a previous ruling that his 2014 hit “Thinking Out Loud” did not infringe on the copyright of Marvin Gaye’s classic track “Let’s Get It On.”
The case, which dates back to a lawsuit filed in 2018 by Structured Asset Sales, owners of part of the copyright of Ed Townsend, Gaye’s collaborator on the 1973 track, argued that Sheeran’s song copied the original’s chord progression and rhythmic feel. However, the appeals court sided with Sheeran, concluding that these elements were “fundamental musical building blocks” that are too basic to be monopolized under copyright law.
The panel of judges pointed out that the four-chord sequence at the heart of the case is a familiar fixture in pop music, one that’s too universal to meet copyright’s standards for originality. This decision reinforces the court's stance that copyright law should protect creativity rather than limit it by restricting access to widely used musical components.
Ed Sheeran’s lawyer, Donald Zakarian, expressed relief over the ruling, emphasizing that Sheeran and his co-writer Amy Wadge created “Thinking Out Loud” independently. Sheeran, who had previously taken the stand to defend his work, voiced frustration with baseless legal challenges to artists, arguing that such cases only clutter the system, potentially overshadowing legitimate copyright claims.
This verdict affirms a growing recognition within the industry that some musical elements are simply universal and belong to all creators, ensuring the freedom to innovate without fear of legal retaliation over generic compositions.
Photo: Brendan Mcdermid/Reuters
