Ed Sheeran Wins Copyright Case Over His Song Thinking Out Loud
Ed Sheeran successfully defended against a copyright appeal concerning his 2014 hit "Thinking Out Loud," following a federal appeals court's ruling on November 1, as reported by Reuters and Billboard. The court concluded that the single did not infringe on Marvin Gaye's 1973 classic "Let’s Get It On," denying a lawsuit from Structured Asset Sales (SAS), which had claimed similarities in chord progression and rhythm. This is prepared by SSP.
The appeals court, siding with previous decisions, stated that the two songs only share fundamental musical building blocks—commonly used elements in pop music that cannot be copyrighted. It emphasized that such basic elements should not lead to a stifling monopoly that threatens creativity.
Previously, the lawsuit by SAS was dismissed in May 2023, consistent with an earlier jury's verdict in favor of Sheeran against Ed Townsend's estate, which also accused Sheeran of copyright violation over similar grounds. Sheeran, who co-wrote "Thinking Out Loud" with Amy Wadge, was also previously sued when Townsend’s estate led a civil trial, ending similarly in favor of Sheeran.
SAS had initially sought $100 million in damages but, despite consistently losing, carried on with the appeal after the Townsend estate withdrew. Sheeran and his legal team have consistently argued that the elements in question are pervasive within pop music's framework. SAS, led by David Pullman, which possesses small shares in Gaye’s hit, criticized the court's analysis of the songs.
Judge Louis Stanton and the jury in the related cases determined the ordination of the progressions to be overly ubiquitous for distinct protection under copyright law, pointing out that the chord sequences existed in numerous other songs well before "Thinking Out Loud."
"We are gratified by the court's alignment with past rulings proving that Ed Sheeran’s work was independently created," commented Sheeran’s attorney to PEOPLE. Meanwhile, the legal challenges from SAS regarding the sound recording have been paused, subject to future court proceedings.
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