Ed Sheeran Wins Over Marvin Gaye’s Copyright Dispute
via The Howard Stern Show / Youtube
Ed Sheeran has won an appeal in a copyright case surrounding his 2014 hit “Thinking Out Loud.” The U.S. Court of Appeals ruled that Sheeran’s song does not infringe on Marvin Gaye’s classic “Let’s Get It On,” closing a case that began back in 2016. The original suit was filed by the family of Ed Townsend, who co-wrote Gaye’s song but was dismissed in 2017. Another lawsuit followed in 2018, this time from Structured Asset Sales, a company holding a share of royalties for Gaye’s hit, arguing Sheeran copied the song’s chord progression and rhythm.
On Friday, the appeals court found no infringement, saying that the musical elements are common to many songs and lack the originality needed for copyright. “The four-chord progression at issue — ubiquitous in pop music — even coupled with a syncopated harmonic rhythm, is too well-explored to meet the originality threshold that copyright law demands,” the court stated.
Protecting Creative Freedom for Musicians
The court’s decision underscored that basic musical patterns and structures can’t be protected by copyright because they’re essential to the music industry. “Overprotecting such basic elements would threaten to stifle creativity and undermine the purpose of copyright law,” the ruling explained. For Sheeran and many others, this is an important victory that reinforces artistic freedom in songwriting.
Similar Cases in Recent Years
Sheeran’s case is one of several similar copyright battles involving major artists. In a high-profile lawsuit, Led Zeppelin’s “Stairway to Heaven” faced allegations of copying Spirit’s “Taurus” from 1968. After lengthy litigation, the court ruled in Led Zeppelin’s favor in 2020, finding no infringement.
In another case from 2015, Sam Smith’s hit “Stay With Me” was found to resemble Tom Petty’s song “I Won’t Back Down.” Petty was awarded co-writing credit, though he took it in stride, saying, “All my years of songwriting have shown me these things can happen.”
Sheeran’s win serves as a reminder that while music often draws from shared foundations, protecting those basic elements would limit the ability of artists to innovate and create new sounds.
