In a significant victory for British singer-songwriter Ed Sheeran, a U.S. appeals court has upheld a previous ruling that his hit song "Thinking Out Loud" did not infringe on the copyright of Marvin Gaye's classic "Let's Get It On."
The 2nd U.S. Circuit Court of Appeals in Manhattan confirmed the dismissal of a lawsuit filed by Structured Asset Sales (SAS), which owns partial rights to Gaye's 1973 song. SAS had alleged that Sheeran, along with his record label Warner Music and music publisher Sony Music Publishing, had unlawfully copied elements from "Let's Get It On."
This decision follows a separate copyright case that Sheeran won in May 2023, where a jury found in his favor against claims made by the heirs of Ed Townsend, co-writer of "Let's Get It On."
The appeals court agreed with the lower court's assessment that the musical elements allegedly copied were too common to warrant copyright protection. The judges emphasized that the two songs were not similar enough to constitute infringement and warned that protecting such basic musical elements could potentially stifle creativity in the industry.
SAS initially filed the lawsuit in 2018, four years after the release of "Thinking Out Loud," which became a chart-topping hit for Sheeran. U.S. District Judge Louis Stanton had dismissed the case following the verdict in the heirs' case last year.
This ruling marks another chapter in the ongoing debate about copyright infringement in the music industry, particularly concerning the fine line between inspiration and plagiarism.
David Pullman, the owner of SAS and an investment banker, stated that the company is currently reviewing its options in light of this decision. However, for now, it appears that Sheeran can put this legal battle behind him and continue focusing on his music career.
The case highlights the challenges faced by artists and songwriters in navigating the complex landscape of music copyright law, especially when dealing with claims of similarity between contemporary works and classic songs.