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
Bomb squad sent to London's Gatwick Airport after terminal evacuation
This was following the discovery of a suspected prohibited item in luggage.
Kelantan urges caution amidst northeast monsoon rains
Kelantan has reminded the public in the state to refrain from outdoor activities with the arrival of the Northeast Monsoon season.
Former New Zealand PM Jacinda Ardern receives UN leadership award
Former New Zealand prime minister Jacinda Ardern was given a global leadership award by the United Nations Foundation.
ICC'S arrest warrants for Netanyahu, Gallant an apt decision - PM
The decision of the ICC to issue arrest warrants against Benjamin Netanyahu and Yoav Gallant is apt, said Datuk Seri Anwar Ibrahim.
KTMB provides two additional ETS trains for Christmas, school holidays
KTMB will provide two additional ETS trains for the KL Sentral-Padang Besar route and return trips in conjunction with the holidays.
BNM'S international reserves rise to USD118 bil as at Nov 15, 2024
Malaysia's international reserves rose to US$118.0 billion as at Nov 15, 2024, up from US$117.6 billion on Oct 30, 2024.
Findings by dark energy researchers back Einstein's conception of gravity
The findings announced are part of a years-long study of the history of the cosmos focusing upon dark energy.
NRES responds to Rimbawatch press release on COP29
The Ministry of Natural Resources and Environmental Sustainability (NRES) wishes to offer the following clarifications to the issues raised.
Online Safety Bill and Anti-Cyberbullying Laws must carefully balance rights and protections
The Online Safety Advocacy Group (OSAG) stands united with people in Malaysia in the fight against serious online harms.
Malaysia's inflation at 1.9 pct in Oct 2024 - DOSM
Malaysia's inflation rate for October 2024 has increased to 1.9 per cent, up from 1.8 per cent in September this year.
Saudi Arabia showcases Vision 2030 goals at Airshow China 2024
For the first time, Saudi Arabia is participating in the China International Aviation & Aerospace Exhibition held recently in Zhuhai.
King Charles' coronation cost GBP 71mil, govt accounts show
The coronation of Britain's King Charles cost taxpayers GBP72 million (US$90 million), official accounts have revealed.
Couple and associate charged with trafficking 51.9 kg of meth
A married couple and a man were charged in the Magistrate's Court here today with trafficking 51.974 kilogrammes of Methamphetamine.
PDRM to consult AGC in completing Teoh Beng Hock investigation
The police may seek new testimony from existing witnesses for additional insights into the investigation of Teoh Beng Hock's death.
Thai court rejects petition over ex-PM Thaksin's political influence
Thailand's Constitutional Court rejects a petition seeking to stop Thaksin Shinawatra from interfering in the running the Pheu Thai party.
Abidin takes oath of office as Sungai Bakap assemblyman
The State Assemblyman for Sungai Bakap, Abidin Ismail, was sworn in today at the State Assembly building, Lebuh Light.
UPNM cadet officer charged with injuring junior, stomping on him with spike boots
A cadet officer at UPNM pleaded not guilty to a charge of injuring his junior by stomping on the victim's stomach with spike boots.
How Indian billionaire Gautam Adani's alleged bribery scheme took off and unraveled
The indictment was unsealed on Nov. 20, prompting a $27 billion plunge in Adani Group companies' market value.
Elon Musk blasts Australia's planned ban on social media for children
Several countries have already vowed to curb social media use by children through legislation, but Australia's policy could become one of the most stringent.
Trump picks Pam Bondi for US Attorney General after Gaetz withdraws
Bondi was the top law enforcement officer of the country's third most populous state from 2011 to 2019, and served on Trump's Opioid and Drug Abuse Commission during his first administration.