Ed Sheeran Performs In Court During Copyright Trial

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Ed Sheeran Music Copyright Trial Continues In New York
NEW YORK, NEW YORK - APRIL 27: Musician Ed Sheeran arrives for his copyright infringement trial at Manhattan Federal Court on April 27, 2023 in New York City. Sheeran is being sued for copyright infringement for his 2014 hit “Thinking Out Loud.” He is accused of copying Marvin Gaye’s legendary R&B song “Let’s Get It On”. (Photo by Michael M. Santiago/Getty Images)

Sheeran was able to take to the stand and make it a stage.

Ed Sheeran is currently at the center of a copyright trial. According to the suit filed against Sheeran, the British singer-songwriter stole the instrumental progression of Marvin Gaye's "Let's Get It On". The suit was filed by Gaye's family, as well as "Let's Get It On" composer Ed Townsend. "Let's Get It On" was released in 1973, reached #1 in the charts, and is certified Platinum. "Thinking Out Loud", the song at the center of the suit, peaked at #2 in the US but is twelve times Platinum-certified.

It's not the first time Sheeran has been accused of stealing from other artists. In 2017, two songwriters were added to the credits of Sheeran's "Photograph" after alleging it stole from their song "Amazing". However, the size and scope of this latest trial have made it headline news.

Sheeran Performs "Thinking Out Loud" For Jury

While Sheeran was able to settle the "Photograph" suit out of court, the case filed by Gaye's family has gone to trial. As part of the proceedings, Sheeran was invited to play the opening to "Thinking Out Loud" in court. This was in order to prove that while there are similarities, the two songs are very different. Sheeran also argued that "When I write vocal melodies, it’s like phonetics." This was part of his argument that the songs are similar, but that "Thinking Out Loud" is its own original song. Additionally, he argued that he and co-writer Amy Wadge did not have "Let's Get It On" in mind when creating "Thinking Out Loud".

This lawsuit has been in the works since Sheeran released "Thinking Out Loud" in 2014. The songs are incredibly similar in regard to chord progression and tempo. However, musical copyright is decided by what is in the sheet music, not session records. Despite this, while performing live for the jury is a big bonus, there is evidence against Sheeran. Most notably, footage exists of Sheeran performing a mashup of the two songs due to their close similarity. Gaye cannot perform for the jury, but the aforementioned evidence is sure to make an appearance in the trial. Be sure to check back with HotNewHipHop for any updates as this trial unfolds.

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About The Author
Benjamin Mock (they/them) is a sports and culture writer working out of Philadelphia. Previously writing for the likes of Fixture, Dexerto, Fragster, and Jaxon, Ben has dedicated themselves to engaging and accessible articles about sports, esports, and internet culture. With a love for the weirder stories, you never quite know what to expect from their work.