Ed Sheeran’s ‘Thinking Out Loud’ Meets Marvin Gaye’s ‘Let’s Get It On’ in Copyright Lawsuit
Jury Selection and Opening Statements to Begin Monday
Jury selection and opening statements are set to begin Monday in a trial that mashes up Ed Sheeran’s “Thinking Out Loud” with Marvin Gaye’s “Let’s Get It On.”
The Lawsuit
The heirs of Ed Townsend, Gaye’s co-writer of the 1973 soul classic, sued Sheeran, alleging the English pop star’s hit 2014 tune has “striking similarities” to “Let’s Get It On” and “overt common elements” that violate their copyright.
The Trial
The lawsuit filed in 2017 has finally made it to a trial that is expected to last a week in the Manhattan federal courtroom of 95-year-old Judge Louis L. Stanton.
Witnesses and Evidence
Sheeran, 32, is among the witnesses expected to testify. The jury will hear the recordings of both songs, probably many times, their lyrics — and vibes — are legally insignificant. Jurors are supposed to only consider the raw elements of melody, harmony, and rhythm that make up the composition of “Let’s Get It On,” as documented on sheet music filed with the United States Patent and Trademark Office.
Copyright Infringement?
Sheeran’s attorneys have said the songs’ undeniable structural symmetry points only to the foundations of popular music. “The two songs share versions of a similar and unprotectable chord progression that was freely available to all songwriters,” they said in a court filing.
Ancient History?
Townsend family attorneys pointed out in the lawsuit that artists including Boyz II Men have performed seamless mashups of the two songs, and that even Sheeran himself has segued into “Let’s Get It On” during live performances of “Thinking Out Loud.” They sought to play a potentially damning YouTube video of one such Sheeran performance for the jury at trial. Stanton denied their motion to include it, but said he would reconsider it after he sees other evidence that’s presented.
Estate Not Involved
Gaye’s estate is not involved in the case, though it will inevitably have echoes of their successful lawsuit against Robin Thicke, Pharrell Williams, and T.I. over the resemblance of their 2013 hit “Blurred Lines” to Gaye’s 1977 “Got to Give it Up.”
Conclusion
The “Thinking Out Loud” lawsuit has sparked a heated debate about copyright infringement and the blurring of musical lines between different genres and eras. The trial is expected to last a week and will likely shed more light on the complex issue of music copyright and the blurred lines between different styles and genres.
FAQs
Q: What is the lawsuit about?
A: The lawsuit is about alleged copyright infringement by Ed Sheeran’s 2014 song “Thinking Out Loud” on Marvin Gaye’s 1973 song “Let’s Get It On.”
Q: What is the trial expected to last?
A: The trial is expected to last a week.
Q: Who is involved in the lawsuit?
A: Ed Sheeran, Ed Townsend’s heirs, Marvin Gaye’s estate, Atlantic Records, and Sony/ATV Music Publishing are all involved in the lawsuit.
Q: What is the significance of the lawsuit?
A: The lawsuit is significant because it highlights the ongoing issue of music copyright and the blurred lines between different styles and genres. It also raises questions about the value of artistic originality and the impact of cultural appropriation on the music industry.
Q: What is the potential outcome of the lawsuit?
A: The potential outcome of the lawsuit could be a ruling in favor of Ed Sheeran, a settlement, or a jury verdict that determines the extent of copyright infringement and awards damages to Ed Townsend’s heirs.
Q: How does the lawsuit relate to other high-profile copyright cases?
A: The lawsuit is similar to other high-profile copyright cases, such as the lawsuit against Robin Thicke, Pharrell Williams, and T.I. over their 2013 hit “Blurred Lines” and its alleged similarities to Marvin Gaye’s 1977 song “Got to Give it Up.”