NEW YORK: Ed Sheeran's 2014 hit "Thinking Out Loud" did not unlawfully copy from Marvin Gaye's classic 1973 song "Let's Get It On," a jury decided on Thursday in a closely watched copyright lawsuit - a verdict that the British pop star said would help protect the creative process for song writers in the U.S. and globally.
The jury in Manhattan federal court determined that heirs of "Let's Get It On" songwriter Ed Townsend had not proven that Sheeran, his label Warner Music Group and his music publisher Sony Music Publishing had infringed their copyright interest in the Gaye song. Sheeran hugged his attorneys in the courtroom after the verdict was read.
"It's devastating to be accused of stealing someone else's song when we've put so much work into our livelihoods," Sheeran said outside the courthouse following the verdict.
"I want to thank the jury for making the decision that will help protect the creative process for song writers here in the United States and all around the world," Sheeran added.
The verdict came after six days of trial and less than three hours of jury deliberations.
Townsend's heirs sued Sheeran for copyright infringement in 2017, contending that "Thinking Out Loud" copied the "heart" of Gaye's song including its melody, harmony and rhythm. Sheeran's attorneys argued that any similarities between the songs involve basic musical "building blocks" that cannot be copyrighted.
The plaintiffs asked for a share of the profits from "Thinking Out Loud." The heirs said in a court filing that they received 22% of the writer's share of Gaye's song from Townsend.
"I'm just a guy with a guitar who loves writing music for people to enjoy. I am not and will never allow myself to be a piggy bank for anyone to shake," Sheeran said after the verdict.
PLAYING A CHORD PROGRESSION
Testifying during the trial, Sheeran denied the copyright infringement claims, telling the jury, "I find it really insulting to devote my whole life to being a performer and a songwriter and have someone diminish it."
Sheeran on the witness stand played the chord progression to "Thinking Out Loud" and sang the opening words: "When your legs don't work like they used to." Sheeran testified that his friend and collaborator Amy Wadge first started strumming the chords for the song during a visit to his home in England, and that they collaborated on the lyrics.
Ben Crump, a lawyer representing the heirs, told jurors that Sheeran effectively confessed to ripping off Gaye's song when he performed it live in concert as a medley with "Thinking Out Loud."
Sheeran testified that singers frequently perform such "mash ups," and that he had on other occasions combined his song with Van Morrison's "Crazy Love" and Dolly Parton's "I Will Always Love You."
Juror Sophia Neis, 23, told reporters afterward that there had been "a lot of back and forth" in the jury room before the panel made its decision.
Lawyers for Townsend's heirs did not immediately respond to a request for comment after the verdict.
Gaye, who died in 1984, collaborated with Townsend, who died in 2003, to write "Let's Get It On," which topped the Billboard charts. Sheeran's "Thinking Out Loud" peaked at No. 2 on the Billboard Hot 100 in 2015.
Two similar lawsuits are pending against Sheeran in Manhattan, brought by investment banker and "Bowie Bonds" creator David Pullman's Structured Asset Sales LLC, which also owns copyright interests in the Gaye song.
Pullman said after the verdict that he and his lawyers had learned from the trial.
"We'll know what to expect," Pullman said.
Pullman said one of his lawsuits in particular would be different because it involved a copyright on the recording of "Let's Get It On," rather than just the sheet music. Jurors in that case would be able to hear Gaye's original hit, rather than the computerized rendition played in the now-completed trial, Pullman said.
Sheeran won a trial in London last year in a separate copyright case over his hit "Shape of You." Gaye's heirs won an important verdict in 2015 when a jury in Los Angeles agreed with the claims that the Robin Thicke and Pharrell Williams song "Blurred Lines" copied Gaye's "Got to Give It Up."
Reuters
Fri May 05 2023
Singer Ed Sheeran departs the Manhattan federal court following after winning his copyright lawsuit in New York City, U.S., May 4, 2023. - REUTERS
US military plane deporting Indian immigrants lands in India
The Trump administration has increasingly turned to the military to help carry out its immigration agenda.
Trump's Gaza plan for 'Riviera of the Middle East' triggers international condemnation
Countries from Russia, China, Spain, Ireland and the UK say they continue to support the two-state solution.
US Postal Service suspends inbound parcels from China, Hong Kong
Trump's crackdown on de minimis would make the products sold by the likes of Shein and Temu more expensive.
US plan to take over Gaza: Malaysia's stance on Palestine unchanged - PM
Datuk Seri Anwar Ibrahim says Malaysia's stance remains the same as that of other Islamic countries.
US freezes funding for security mission tackling Haiti's gangs
More than $13 million in US funding for an international security force helping fight armed gangs in Haiti has been frozen, the UN says.
Over 40,000 civil servants at high risk of mental health issues - Zaliha
A total of 44,901 civil servants were screened under Public Service Psychological Health Digital Profiling System, says Dr Zaliha Mustafa.
India's Modi takes 'holy dips' at Maha Kumbh, week after stampede killed dozens
Security personnel stood in the water nearby while thousands of people crowded the banks to watch the prime minister perform the rituals.
Philippine Congress endorses impeachment complaint against vice president
Vice President Sara Duterte would be the Philippines' second most senior official to face removal from office.
What is a sovereign wealth fund?
Sovereign wealth funds are investment vehicles owned by countries.
[COLUMNIST] Rising above Trump tariffs: How a resilient global economy outlasts US protectionism
The current alarm over Trumps tariff threats overlooks a key point: global markets are resilient and adaptable.
Khazanah reports RM5.1 billion operating profit for 2024
Khazanah records RM103.6 billion NAV in 2024, driven by strong domestic investments and strategic growth.
Washington, DC officials identify 66 of 67 victims of midair collision
Work continues by the US Army Corps of Engineers to remove the airplane wreckage from the Potomac River.
Government to further strengthen ASEAN's readiness in finalising DEFA
Malaysia is focusing on two main approaches to facilitate the DEFA negotiation, says Liew Chin Tong.
Trade war will not hinder Malaysia’s GDP growth for 2025 - Rafizi
The finance ministry has projected Malaysia's GDP to grow between 4.5 and 5.5 per cent in 2025.
Trump administration considers adding Shein, Temu to 'forced labor' list, Semafor reports
The move comes after China imposes targeted tariffs on US imports and warnings of possible sanctions against firms like Google.
Thailand to cut power to Myanmar border areas linked to scam centres
Evidence shows transnational crime syndicates in Myanmar's Tachileik, Myawaddy, Payathonzu, that are possible power cut targets.
Trump reimposes 'maximum pressure' on Iran, aims to drive oil exports to zero
Trump signs the presidential memorandum reimposing Washington's tough policy on Iran that was practiced throughout his first term.
FACTBOX: Trump proposes US takeover of Gaza
Here are some remarks that US President Donald Trump made and questions that he answered during a press conference.
Singapore passes law against foreign interference in race-based organisations
Under the Racial Harmony Bill, race-based groups must disclose foreign and anonymous donations, affiliations, and leadership.
Malaysia, Uzbekistan agree to elevate ties to strategic partnership
Malaysia and Uzbekistan noted active cooperation on key issues within international bodies, especially the UN and OIC.