IP Law Daily, COPYRIGHT NEWS: Jury finds British pop star Ed Sheeran did not infringe Marvin Gaye classic, (May 4, 2023)

By Cheryl Beise, J.D.

Sheeran did not copy elements of “Let’s Get It On” when writing “Thinking Out Loud.”

After a two-week trial, a federal jury in Manhattan has determined that British pop star Ed Sheeran independently created his award-winning 2014 song “Thinking Out Loud,” defeating copyright infringement claims by the heirs of songwriter Ed Townsend, who co-wrote with Marvin Gaye the 1973 hit “Let’s Get It On.” The case was closely watched by songwriters and music industry representatives. The jury reached its unanimous verdict after only three hours of deliberation (Griffin v. Sheeran, May 4, 2023).

In 2014, Ed Sheeran and non-party Amy Wadge co-authored the musical composition “Thinking Out Loud,” which became a hit single, winning a Grammy Award for song of the year. In 2017, Kathryn Townsend Griffin, daughter of Edward B. Townsend, who co-wrote “Let’s Get It On” with Marvin Gaye, brought an action for copyright infringement against Sheeran, asserting that “Thinking Out Loud” had “striking similarities” to the classic hit. The U.S. Copyright Office first registered “Let’s Get It On” in 1973, with Townsend listed as the solo author. In 2017, Structured Asset Sales, LLC (SAS), a beneficial owner of the copyright to “Let’s Get It On,” also brought an infringement suit against Sheeran.

In January 2019, the court rejected Sheehan’s motion for summary judgment, finding that a reasonable jury could find that parts of “Thinking Out Loud” were appropriated from “Let’s Get It On,” based on several similarities between the two composition. The common elements identified by the court included the harmonic progression, harmonic rhythm, melody, bass-line, and percussion.

During trial, the jury was shown a view of a concert where Sheeran had segued into “Let’s Get It On” while performing “Thinking Out Loud.” The plaintiff’s attorney called this “smoking gun” proof that Sheeran had copied portions of the 1973 Gaye classic. Sheeran countered that he and co-author Wadge independently created “Thinking Out Loud” and that any similarities with “Let’s Get It On” arose from common chord progressions and rhythmic elements used by all musicians. During testimony, Sheeran picked up a guitar and performed to demonstrate that he often creates mash-ups of different songs.

The jury found that Sheeran independently created “Thinking Out Loud,” precluding copyright infringement liability. The jury did not reach the questions regarding whether “Thinking Out Loud,” and “Let’s Get It On” were substantially similar or whether the elements identified by Griffin—chord progressions, harmonic rhythm, pitch sequences—were protected or copied.

This case is No. 1:17-cv-05221-LLS.

Attorneys: Benjamin Crump (Ben Crump Law PLLC) for Kathryn Townsend Griffin and Estate of Cherrigale Townsend. Andrew Mark Goldsmith (Pryor Cashman LLP) for Edward Christopher Sheeran.

Companies: Atlantic Recording Corp. d/b/a Atlantic Records; Sony/ATV Music Publishing LLC

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