Ed Sheeran is now facing a jury trial over charges of taking parts of his 2014 song “Thinking Out Loud” from Marvin Gaye’s 1972 classic “Let’s Get It On.” The news was first reported by Billboard.
The move follows part of a federal judge denying the singer-songwriter’s motion to have the case dropped since 2018. His lawyers are seeking $100 million in damages from the British musician, but his attorneys are contesting the lawsuit, claiming the allegedly stolen song parts as “everyday” and therefore unjustified for copyright infringement.
According to the report, Sheeran must appear before a federal jury in Manhattan as ordered by Judge Louis Stanton, who ruled Thursday that there was “no clear line” to the dispute the attorneys were proposing.
When the lawsuit was first filed, it alleged that Sheeran canceled a chord progression and harmonic rhythm from Gaye’s track. Now, Sheeran’s prosecutors have adjusted their claims to credit Sheeran’s attorneys, agreeing that the song’s elements are “common and unprotectable.” However, they argue that their combination makes them strictly gayes — and therefore protected by copyright law.
Sheeran has had to fight several similar cases in the past, including lawsuits over “Photograph” (which were settled out of court), “The Rest of Our Life” (which were dismissed at Sheeran’s request), and most recently won a case arguing he had “Shape of You” plagiarized. Shortly after the verdict, the singer released a video statement expressing how these cases are “really hurting the songwriting industry.”
He continued: “While we are obviously happy with the outcome, I feel that claims like this are far too common now and we have become a culture where claims are made with the idea that a settlement is cheaper.” is considered a lawsuit in court. even if there is no basis for the claim.”
A few years ago, Gaye’s catalog was embroiled in another high-profile lawsuit filed by his heirs against Robin Thicke, Pharrell Williams and others over “Blurred Lines,” awarding the family $5.3 million in damages. However, that case was issued by a company called Structured Asset Sales, which owns a one-third interest in the song through “Let’s Get It On” co-writer Ed Townsend.
https://variety.com/2022/music/news/ed-sheeran-trial-marvin-gaye-plagiarism-1235388695/ Ed Sheeran faces trial over Marvin Gaye plagiarism allegations