Summary:
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Ed Sheeran faces a copyright infringement lawsuit for his hit song “Thinking Out Loud” allegedly copying Marvin Gaye’s “Let’s Get It On.”
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Some argue that the similarities between the songs are an interpolation, not copyright infringement, as the chord progression is where they lie.
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Despite the controversy, Sheeran’s transition from acoustic-indie to pop music has gained him a loyal fan base, with mixed reviews.
Singer-songwriter Ed Sheeran is currently in the middle of a copyright infringement lawsuit. The suit alleges that the singer’s hit ballad “Thinking Out Loud” copied Marvin Gaye’s 1973 “Let’s Get It On.” The trial stems from the estate of Ed Townsend, who co-wrote Gaye’s track. This is the second copyright infringement lawsuit filed against Sheeran over songs released several years ago. The singer recently won a U.K. lawsuit regarding another hit, “Shape of You.”
Sheeran criticized the “damaging” uptick in copyright cases against musicians. A cowriter on Grammy winning “Thinking Out Loud” testified in favor of Sheeran, saying that she did not even learn to play the guitar ahead of writing the track. The cowriter, Amy Wage, said that the allegations were “frightening because it’s something we did not do.”
In the heat of the American “Thinking Out Loud” lawsuit, Sheeran vowed to quit music for good if he lost. Similarities between popular songs have become a social media phenomenon in recent years, notably when listeners began comparing Paramore’s “Misery Business” to Olivia Rodrigo’s “good 4 u.” Additionally, former Hole frontwoman Courtney Love accused Rodrigo of copying one of the band’s iconic album covers. Both feature a crying prom queen vaguely reminiscent of Stephen King’s “Carrie.”
The Songs That Started It All
A mashup of Gaye and Sheeran’s songs is gaining traction online. The lyrics are entirely different, but the chord progression is where the similarities lie.
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Let me just say this and I’m done with it, The Marvin Gaye Estate never lost a case. #edsheeran pic.twitter.com/kvrn0PFuJL
— sa: (@notshawnallen) May 2, 2023
Because the similarities lie in the composition, some argue that the track is an interpolation, which is not a copyright infringement upon Gaye.
Listeners Reactions To The Copyright Cases
Don't really care what you think of Ed Sheeran, these predatory lawsuits are profoundly anti-music—a craven attempt to wring unearned profits by exploiting the public's lack of understanding of how pop songwriting works.
— Zach Schonfeld (@zzzzaaaacccchhh) May 2, 2023
The Ed Sheeran Nice Guy Brand promises the consumer that the lovelorn troubadour is sensitive, nerdy, and won't break your heart https://t.co/seW0jCEDu8
— Pitchfork (@pitchfork) September 3, 2022
Despite the mixed bag of reviews on Sheeran’s music, the British singer has a loyal listening base. One Twitter user shared a photo of a teenaged Sheeran busking on the street in the U.K. early in his career, encouraging him to keep fighting.
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nah, this kid didn’t busk everyday on the streets just for you to quit now. You got this, we got you @edsheeran ???? https://t.co/gvEjZk5kqH pic.twitter.com/3J693XJS20
— sixteen (@comipotobie) May 2, 2023
The trial remains ongoing in New York City, while the internet is still thinking about it out loud.