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Ed Sheeran (Helifax, 32 years old) has won the copyright case that the heirs of Ed Townsend, co-composer of Marvin Gaye (Washington DC, 1939-1984 Los Angeles), opened by accusing the British singer-songwriter of having copied the song
Let's Get It On
, by Gaye, to compose the theme
Thinking Out Loud
.
Sheeran had denied stealing elements of the song for his 2014 global hit.
More information
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Townsend's estate alleged that Sheeran, Warner Music Group, and Sony Music Publishing owed them money for copyright infringement.
Sheeran said at the trial in New York that if he was found guilty he would give up his music career.
"If that happens, I'm done, I'm going to stop," he said when asked about the toll the trial in Manhattan federal court was taking on him.
During the trial, the British artist sang and played parts of
Thinking Out Loud
on the guitar.
He said that he had written the song at his home in England with his friend Amy Wadge, and that he had been inspired by his grandparents and a new relationship that had just begun.
Sheeran's lawyer, Ilene Farkas, told jurors that the similarities in the chord progressions and rhythms of the two songs were "the letters of the alphabet of music."
“They are basic elements of music that composers must be free to use now and always, or all of us who love music will be poorer for it,” she argued.
Keisha Rice, who represented the estate of Gaye's co-songwriter, countered that her clients were not claiming ownership of the basic musical elements, but rather "the way these common elements were uniquely combined."
“Mr. Sheeran is counting on you to be very, very overwhelmed by his commercial success,” she said, urging jurors to use their “common sense” in deciding whether the songs are similar.
Last year, Sheeran won a copyright battle over his 2017 song
Shape of You
in London's High Court .
The musician is also facing claims about
Thinking Out Loud
from a company owned by investment banker David Pullman, which owns the copyright to Gaye's song.
In 2015, Gaye's estate won a $5.3 million (€4.8 million) judgment over a lawsuit alleging that the song
Blurred Lines
, by Robin Thicke and Pharrell Williams, copied
Got to Give. It Up
, by Gaye.
