Did Ed Sheeran copy Marvin Gaye? Trial to begin on music dispute

British singer Ed Sheeran performs during the Platinum Jubilee Pageant, in London on June 5, 2022. Jury selection and opening statements are expected to begin Monday, April 24, 2023, in a trial that mashes up Ed Sheeran’s “Thinking Out Loud” with Marvin Gaye’s “Let’s Get It On.”
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A lawsuit is set to begin on Monday against musical artist Ed Sheeran, on claims that he copied parts of soul icon Marvin Gaye’s hit “Let’s Get It On” in his Grammy-winning song “Thinking Out Loud.”

Sheeran is being sued by the family of “Let’s Get It On” co-writer Ed Townsend.

According to Reuters, “Townsend’s heirs sued Sheeran for copyright infringement in 2017, claiming ‘Thinking Out Loud’ copied the ‘heart’ of Gaye’s song including its melody, harmony and rhythm.”

Sheeran is planning to testify at the trial that is expected to last about a week in a Manhattan courthouse. This will be the third copyright lawsuit that Sheeran has had to defend himself in regarding the “Thinking Out Loud” and “Let’s Get It On” connections.

The attorneys of Sheeran argue that the singer’s song uses fundamental chord progression that is universal in music making.

Jurors on the case are to listen to both songs in depth and multiple times, studying the songs’ rhythm, harmony and melody.

“In filings with the court, Sheeran’s musicologist notes more than a dozen songs, including hits like the Seekers’ ‘Georgy Girl’ and Donovan’s ‘Hurdy Gurdy Man,’ used the same basic sequence before ‘Let’s Get It On.’ A guitar textbook submitted in evidence cites it as a standard progression that can be used by any musician to write a song,” per The New York Times.

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Townsend’s daughter, Kathryn Townsend Griffin, is the lead plaintiff in the case against Sheeran. Griffin’s attorneys argue that if the case cannot be won in their favor on chord similarity then the “song’s syncopated rhythmic pattern, is original enough in its ‘selection and arrangement’ of those elements to be protected by copyright,” the Times continued.

Sheeran took to Twitter on April 6, sharing his feelings on the trial and the pressures musicians face when creating new music: “I feel like claims like this are way too common now and have become a culture where a claim is made with the idea that a settlement will be cheaper than taking it to court, even if there is no basis for the claim,” Sheeran said. “It’s really damaging to the songwriting industry.”

This is not the first time that Sheeran has faced copyright issues. In 2016, the English singer paid $20 million to the songwriters of “Amazing” that was performed by X-Factor contestant Matt Cardle, regarding similarities in Sheeran’s song “Photograph.”

Last year, he won a case against him that involved his 2017 hit, “Shape Of You.”

In his tweet about the copyright allegations made against him, Sheeran said, “There’s only so many notes and very few chords used in pop music.” He added, “Coincidence is bound to happen if 60,000 are being released every day on Spotify ... this really does have to end.”