Ed Sheeran trial – live: Singer’s lawyer says case ‘should never have been brought’ in closing arguments

A Manhattan jury is expected to hand down an imminent verdict in Ed Sheeran’s copyright trial.

The British singer-songwriter is currently being sued by the heirs of Ed Townsend, the songwriter who composed the 1973 slow jam classic “Let’s Get It On” with Marvin Gaye.

They have accused Sheeran’s 2014 song of copying the anthem’s harmonic progressions as well as melodic and rhythmic elements without permission.

The lawsuit was initially filed in 2017, however, it’s taken six years to finally reach a Manhattan federal court.

Sheeran vehemently denies plagiarising “Let’s Get It On”. His lawyers have argued that the song uses common constructions found in many pop tracks.

Should the “Perfect” singer be found liable for copyright infringement, the trial will enter a second phase to determine how much he’ll owe in damages.

He reportedly told the court this week that, should he lose, he plans on quitting music.

Meanwhile, it’s been revealed that Sheeran will temporarily replace Katy Perry on American Idol as she performs at the coronaton concert in London this weekend.

Key Points

• Ed Sheeran copyright trial: Everything you need to know about Marvin Gaye plagiarism case

• Ed Sheeran threatens to quit music if he loses copyright trial

• Katy Perry is being temporarily replaced by ‘big time star’ on American Idol

Now the plaintiff’s lawyer closes

20:42 , Tom Murray

Keisha Rice now delivers the closing arguments for the heirs of “Let’s Get It On” co-writer Ed Townsend.

“[I would say] the defendants are hoping that you’d be blinded by their celebrity,” she says, according to Courthouse News reporter Josh Russell.

20:36 , Tom Murray

“They were not writing a song about getting it on, not musically, not lyrically,” Farkas says of Sheeran and “Thinking Out Loud” co-writer Amy Wadge.

20:32 , Tom Murray

“Simply put, the plaintiffs’ smoking gun was shooting blanks,” Farkas says.

Farkas was alluding to the plaintiff’s attorney Ben Crump’s opening statement in which he said he had a “smoking gun”. He was referring to a fan video from a past Ed Sheeran concert in which the singer performs a “mash-up” of “Thinking Out Loud” and “Let’s Get It On”.

Sheeran’s lawyer says case ‘should never have been brought’

20:25 , Tom Murray

It’s time for both sides’ lawyers to give closing arguments.

Sheeran’s attorney Ilene S Farkas begins by saying the trial should “never have been brought”.

“Ed Townsend did not create these basic musical building blocks. Ed Townsend was not the first songwriter to use and combine these elements. It was not original,” she says.

Sheeran missed grandmother’s funeral in Ireland today due to trial

19:40 , Tom Murray

Sheeran’s grandmother’s funeral took place in Ireland today. The singer’s father confirmed that his son had to miss the occasion to attend his ongoing trial in New York.

“I am very sad that our son Edward is unable to be here today. He’s so upset that he cannot be present,” he said.

Read more:

Everything you need to know about the trial so far

18:33 , Tom Murray

In case you’re just catching up, my colleagues have put together a handy one-sheet about the trial and everything you need to know.

Read it here:

Everything you need to know about Ed Sheeran’s latest copyright trial

Trial adjourns for lunch

17:58 , Tom Murray

We’re reaching the climax of the trial here, folks. The Judge has just ordered a break for lunch, reconvening at 2:15pm EST (7:15pm BST).

When they return, the jury will hear closing statements from both sides.

Ed Sheeran review, Eyes Closed: Emotional, candid songwriting that hits home

17:00 , Inga Parkel

Ed Sheeran’s latest release “Eyes Closed” – the first single from Sheeran’s next album, - (Subtract), “originally written as a breakup song” took on “new meaning after Sheeran suffered a string of personal losses”, writes The Independent’s Roisin O’Connor in her four-star review of the song.

Read more:

Ed Sheeran review, Eyes Closed: Emotional, candid songwriting that hits home

Singer-songwriter’s collaboration with The National’s Aaron Dessner distils some of his grief over late friend Jamal Edwards

How many other copyright cases has Ed Sheeran faced?

16:30 , Inga Parkel

In 2016, Sheeran was hit with his first copyright infringement lawsuit, from the pair of songwriters of “Amazing”. The two sued Sheeran, claiming that his hit song “Photograph” copied aspects of their song which was performed by The X Factor winner Matt Cardle.

A year later, the case was settled and the songwriters were then added to the credits of Sheeran’s 2014 track.

Most recently, Sheeran won his second copyright trial in Britain last year. That time, it was over his popular 2017 song “Shape of You”.

What part of the song is under copyright?

16:00 , Inga Parkel

Given that Marvin Gaye’s “Let’s Get It On” was released in 1973, it is restricted to the copyright laws for songs made before 1978, which for many leaves protection for only the contents of the sheet music submitted to the Copyright Office.

For Gaye’s anthem, the only portions protected include chords, lyrics and vocal melody. Meanwhile, other important aspects, such as its bass line and opening riff, were left out.

Therefore, the lawsuit can really only dispute the chord progressions between the two songs.

Listen to Ed Sheeran’s ‘Thinking Out Loud’ side-by-side to Marvin Gaye track

15:30 , Inga Parkel

Ed Sheeran takes the stand

15:00 , Inga Parkel

On Monday (1 May), the “Shivers” singer took the stand for the first time. During his testimony, he denied plagiarising “Let’s Get It On”.

He argued that he and his collaborator wrote “Thinking Out Loud” from their own experiences. He then played his guitar for the court to illustrate his point.

Read more:

Ed Sheeran sings and plays guitar on witness stand in copyright trial

Sheeran played ‘Thinking Out Loud’s’ basic chord progression while singing song’s original lyrics

What happens if Ed Sheeran is found liable?

14:30 , Inga Parkel

Should the Manhattan jury find Ed Sheeran liable for copyright infringement, that will not be the end of things.

Instead, the trial will enter a second phase where the jury will determine how much he’ll owe in damages.

Ed Sheeran plagiarism accuser collapses in court

14:09 , Peony Hirwani

ICYMI: Kathryn Townsend Griffin, the woman currently suing Ed Sheeran for plaigiarism, had to be carried out of court on Wednesday (26 April) after suddenly collapsing.

Sheeran was present in the Manhattan court to challenge allegations he had plagiarised Marvin Gaye’s “Let’s Get it On” in his 2014 hit “Thinking Out Loud”.

Griffin is the daughter of songwriter Ed Townsend, who co-wrote Gaye’s 1973 soul hit.

According to CNN, when Sheeran’s lawyers began a cross-examination of a music expert, Griffin fainted.

She was reportedly lifted up by others present at the trial, and given medical assistance before being removed from the room in a stretcher.

The incident is reported to have caused a delay of just seven minutes, with procedings resuming after she was taken from court.

Her lawyer later disclosed that Griffin suffers from a “pre-existing medical condition that she’s dealing with”.

Ed Sheeran plagiarism accuser collapses in court

Ed Sheeran ‘wrote seven songs in four hours’ after wife Cherry Seaborn’s cancer diagnosis

13:29 , Peony Hirwani

In his new Disney Plus documentary series, The Sum of it All, Sheeran’s wife Cherry Seaborn revealed the remarkable way her husband reacted to her cancer diagnosis.

Seaborn, 30, was diagnosed with a tumour in 2022, during her pregnancy with her and Sheeran’s second child.

“We had the diagnosis of the tumour and the next day, Eds went down into the basement and wrote seven songs in four hours,” said Seaborn.

Read more:

Ed Sheeran ‘wrote seven songs in four hours’ after wife Cherry’s cancer diagnosis

Ed Sheeran threatens to quit music if he loses copyright trial

12:49 , Peony Hirwani

Ed Sheeran has said he will quit music if he loses his copyright trial.

The singer-songwriter is currently being sued for alleged copyright infringement over his song “Thinking Out Loud”.

It is claimed that Sheeran plagiarised elements of Marvin Gaye’s 1973 soul classic “Let’s Get it On”in his 2014 hit. Sheeran has denied the claims.

Speaking in Manhattan court on Monday (1 May), Sheeran reportedly said of a prospective guilty verdict (according to MailOnline): “If that happens, I’m done, I’m stopping.”

Louis Chilton reports.

Ed Sheeran threatens to quit music if he loses copyright trial

Ed Sheeran reveals plans for posthumous album

12:09 , Peony Hirwani

Ed Sheeran has revealed his plans for a posthumous album.

The 32-year-old singer, who is set to release his last mathematical album Subtract (-) this week, said he’s been working on a secret album that will be released upon his death.

“I want to slowly make this album that is quote-unquote ‘perfect’ for the rest of my life, adding songs here and there,” Sheeran told the Rolling Stone. “And just have it in my will that after I die, it comes out.”

Read more:

Ed Sheeran reveals plans for posthumous album

Ed Sheeran: You have to take yourself out of reality sometimes to numb the pain of loss

11:19 , Peony Hirwani

Ed Sheeran has said his new single, Eyes Closed, is about “losing someone” and “feeling like every time you go out and you expect to just bump into them”.

The 32-year-old chart-topping singer recently spoke about suffering with his mental health after his wife was diagnosed with a tumour and his close friend Jamal Edwards died.

After originally writing Eyes Closed as a break-up track, Sheeran revisited the song after experiencing personal loss and discovered the lyrics took on “a whole new meaning”.

Read more:

Ed Sheeran: You have to take yourself out of reality sometimes to numb the pain of loss

Ed Sheeran review, Eyes Closed: Emotional, candid songwriting that hits home

10:39 , Peony Hirwani

“Singer-songwriter’s collaboration with The National’s Aaron Dessner distils some of his grief over late friend Jamal Edwards,” writes The Independent’s Roisin O’Connor in a four out of five-star review.

Ed Sheeran’s ‘Eyes Closed’ offers candid songwriting that hits home - review

Ed Sheeran copyright trial: Everything you need to know about Marvin Gaye plagiarism case

09:59 , Peony Hirwani

Ed Sheeran has been making rounds to the court this week, where he’s defending himself against accusations that elements of one of his best-known tracks were stolen from Marvin Gaye’s 1973 slow jam classic “Let’s Get It On”.

The British artist, 32, has been sued by the heirs of Ed Townsend, the songwriter who composed the anthem with Gaye. They have alleged that Sheeran’s 2014 song “Thinking Out Loud” copied harmonic progressions, melodic and rhythmic elements from “Let’s Get It On” without permission.

Read more:

Everything you need to know about Ed Sheeran’s latest copyright trial

Ed Sheeran copyright trial verdict expected to come out this week

09:19 , Peony Hirwani

Sources close to Ed Sheeran told The Independent that they’re hoping for a verdict before the singer’s new album comes out on Friday (5 May).

Ed Sheeran surprises busker singing his song on subway platform

08:49 , Peony Hirwani

ICYMI: Ed Sheeran surprised a New York City busker who was singing his song on the platform of a subway station.

Ed Sheeran surprises busker singing his song on subway platform

Listen to Ed Sheeran’s ‘Thinking Out Loud’ side-by-side to Marvin Gaye track

08:19 , Peony Hirwani

Listen to Ed Sheeran’s ‘Thinking Out Loud’ side-by-side to Marvin Gaye track

Ed Sheeran sings and plays guitar on witness stand in copyright trial

07:49 , Peony Hirwani

ICYMI: Jurors in New York were treated to a free Ed Sheeran concert on Thursday (27 April) in the singer’s ongoing plagiarism trial.

The British artist is being sued by the heirs of Ed Townsend, the songwriter who composed Marvin Gaye’s “Let’s Get It On.” with the legendary soul singer.

The plaintiffs allege that Sheeran’s 2014 song “Thinking Out Loud” copied harmonic progressions, melodic and rhythmic elements from “Let’s Get It On” without permission, which Sheeran denies.

To illustrate his point, the Grammy-winning singer played the basic chord progression of “Thinking Out Loud” while on the witness stand Thursday.

According to ABC News, Sheeran also briefly sang what he said were the song’s original lyrics: “I’m singing out now.”

Read more:

Ed Sheeran sings and plays guitar on witness stand in copyright trial

Other artists are cheering on Ed Sheeran amid copyright case

07:09 , Peony Hirwani

Ed Sheeran said he’s getting encouragement during his copyright trial from other performers who also worry that they’ll be sued as he battles claims that he stole material from Marvin Gaye’s “Let’s Get It On” to make a new tune a decade ago.

The 32-year-old said he’s heard from other singers since the trial began last week because they share his worries about litigation resulting from their songwriting.

He didn’t identify any of them but said they were cheering him on.

“When you write songs, somebody comes after you,” Sheeran said.

Ed Sheeran releases visuals for new album Subtract

06:29 , Peony Hirwani

Subtract is the upcoming fifth studio album by Ed Sheeran. It is set to be released on 5 May through Asylum and Atlantic Records.

On Wednesday (3 May), the singer released new visuals for the album on Twitter.

“Tune into this on release day, Friday 5 May – Subtract the visual album will be premiered on @YouTube at 11 am ET / 4 pm BST,” the singer wrote. “If you’re a YouTube Premium user, join the Afterparty for some exclusive bonus content.”

Sheeran ‘wrote seven songs in four hours’ after wife’s cancer diagnosis

05:59 , Peony Hirwani

In his new Disney Plus documentary series, The Sum of it All, Sheeran’s wife Cherry Seaborn revealed the remarkable way her husband reacted to her cancer diagnosis.

Seaborn, 30, was diagnosed with a tumour in 2022, during her pregnancy with her and Sheeran’s second child.

“We had the diagnosis of the tumour and the next day, Eds went down into the basement and wrote seven songs in four hours,” said Seaborn.

Read more:

Ed Sheeran ‘wrote seven songs in four hours’ after wife Cherry’s cancer diagnosis

Who is suing Ed Sheeran?

05:19 , Peony Hirwani

The British artist is being sued by the heirs of Ed Townsend, the songwriter who composed the soul classic “Let’s Get It On” with Marvin Gaye.

They have alleged that Sheeran’s 2014 song “Thinking Out Loud” copied harmonic progressions, melodic and rhythmic elements from “Let’s Get It On” without permission, which Sheeran denies.

Video: Listen to Ed Sheeran's 'Thinking Out Loud' side-by-side to Marvin Gaye track

04:39 , Peony Hirwani

Plaintiff’s lawyer has claimed he has a ‘smoking gun’ in the case

04:19 , Peony Hirwani

Presenting his case last week, the plaintiff’s attorney Ben Crump said he had a “smoking gun”: a fan video from a past Ed Sheeran concert in which the singer performs a “mash-up” of “Thinking Out Loud” and “Let’s Get It On”.

The video is available to watch on YouTube.

“That concert video is a confession,” said Crump, who is best known for representing the family of George Floyd.

Sheeran’s lawyer Ilene S Farkas argued that the video does not prove copyright infringement, and that Sheeran often performs mash-ups during his live shows.

Read more:

Ed Sheeran’s live Marvin Gaye mash-up song is ‘smoking gun’, lawyer claims

Sheeran questioned his own music skills during the trial

03:49 , Tom Murray

Sheeran briefly performed lines from his song in court last week. He explained his songwriting technique to the jury, saying: “When I write vocal melodies, it’s like phonetics.”

Sheeran claimed he often writes up to 10 songs in one day. He co-wrote “Thinking Out Loud” with Amy Wadge.

However, according to AP, Sheeran, who has won dozens of awards and headlined Glastonbury, apologised after accidentally hitting the mic with his hand, and told those present: “I’m not the world’s most talented guitar player.”

Read more:

Ed Sheeran questions his music skills during Marvin Gaye plagiarism trial

Jury was treated to a computer-generated rendition of Marvin Gaye’s ‘Let’s Get It On’

02:51 , Tom Murray

On the second day of the trial, Insider reported that laughter broke out in the courtroom after a plaintiff musicology expert played an “AI recording” of the song.

“‘Giving yourself to me, can never be wrong,’ the voice sang, every syllable crisply stated, sounding something like HAL the computer committing lethal karaoke in a sci-fi horror flick,” Insider reported, adding that Sheeran suppressed a grin at the defence table.

The musicologist, Dr Alexander Stewart was attempting to use the track to show alleged the similarities between “Let’s Get It On” and “Thinking Out Loud”.

Read more:

Ed Sheeran trial erupts into laughter over AI version of ‘Let’s Get It On’

Sheeran says other singers are cheering him on

01:53 , Tom Murray

Sheeran said he’s heard from other singers since the trial began because they share his worries about facing litigation over their songwriting.

“When you write songs, somebody comes after you,” Sheeran said.

In April 2022, Sheeran won a separate copyright lawsuit after being accused of plagiarising his song “Shape of You” from Sami Chokri’s 2015 song “Oh Why”.

Following the judge’s verdict, Sheeran released a video on social media talking about the case, saying: “Whilst we’re obviously happy with the result, 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.”

Sheeran says he will quit music if he loses his copyright trial

Wednesday 3 May 2023 00:41 , Tom Murray

Speaking in Manhattan court on Monday (1 May), Sheeran reportedly said of a prospective guilty verdict (according to MailOnline): “If that happens, I’m done, I’m stopping.”

“I find it really insulting to devote my whole life to being a performer and a songwriter and have someone diminish it,” he added.

Ed Sheeran threatens to quit music if he loses copyright trial

Tuesday 2 May 2023 23:30 , Inga Parkel

Didn’t Ed Sheeran already fight a similar lawsuit?

Tuesday 2 May 2023 23:15 , Inga Parkel

Yes. In April 2022, Ed Sheeran won another copyright lawsuit after he was accused of plagiarising his song “Shape of You” from Sami Chokri’s 2015 track “Oh Why”.

Why is Ed Sheeran being sued?

Tuesday 2 May 2023 23:06 , Inga Parkel

In 2017, the British singer was sued by the heirs of Ed Townsend, Martin Gaye’s co-writer of the 1973 soul classic.

They claim that Sheeran’s 2014 hit “Thinking Out Loud” has “striking similarities” to “Let’s Get It On” and “overt common elements” that violate the song’s copyright.

Read more:

Ed Sheeran copyright trial: Everything you need to know about Marvin Gaye plagiarism case

Singer is in court to defend himself over claims he stole from the most famous R&B anthem of all time