Ed Sheeran wins song copyright case, jury finds singer didn’t copy Marvin Gaye classic

A US jury on Thursday (May 4) ruled that Ed Sheeran did not copy Marvin Gaye's song "Let's Get It On" when he composed "Thinking Out Loud," his 2014 worldwide hit.

The heirs of Gaye's co-writer had argued that Sheeran, Warner Music Group, and Sony Music Publishing owed them money for copyright infringement. Sheeran had denied stealing elements of the song and said he would give up his music career if found guilty at the trial in New York.

But before that, have a listen for yourself...

Here is Sheeran's "Thinking Out Loud"

And here is Gaye's "Let's Get It On" 

A musicologist for Sheeran's defence told the court that the four-chord sequence in question was used in several songs before Gaye's hit came out in 1973. Sheeran's defence rested on the ubiquity of certain musical standards and chord progressions, which are not owned by a single artist.

Even AI can easily prove that Ed Sheeran didn't copy Marvin Gaye for Thinking Out Loud. pic.twitter.com/h2uqaKKc5i

— John (@HikeSomething) April 25, 2023

In the early days of the trial, the plaintiffs' lawyer played a video of Sheeran transitioning seamlessly between "Thinking Out Loud" and "Let's Get It On" during a concert in Zurich, arguing that it amounted to a confession. 

Later in the trial, Sheeran performed another mini-concert, using his guitar to demonstrate how a common chord progression could allow him to transition easily between "Thinking Out Loud," "Let's Get It On," and many other popular songs. Sheeran played a mash-up of his music as well as hits from Van Morrison, Blackstreet, Nina Simone, and Bill Withers, as evidence that songs with similar structures can be seamlessly blended.

During the trial, Keisha Rice, who represented the heirs of Gaye's co-writer, said her clients were not claiming to own basic musical elements but rather "the way in which these common elements were uniquely combined." 

Last year, Sheeran won a copyright battle at the High Court in London over his 2017 hit "Shape of You." Sheeran is also facing claims over "Thinking Out Loud" from a company owned by investment banker David Pullman that holds copyright interests in the Gaye song.

After jurors ruled that he "independently" created his song, Sheeran stood up and hugged his team. Speaking outside court, he said he was "obviously very happy" with the ruling, but at the same time, he was "absolutely frustrated" that baseless claims like this are allowed to go to court at all. 

Sheeran's Disney+ docuseries Ed Sheeran: The Sum of It All also premiered on Disney+ Hotstar on May 3.