Ed Sheeran did not infringe the copyright of ‘Let’s Get It On’, US jury finds

[ad_1]

May 04 (Reuters) – Ed Sheeran’s 2014 hit ‘Thinking Out Loud’ did not illegally copy Marvin Gaye’s classic 1973 song ‘Let’s Get It On’, a jury ruled in a lawsuit on Thursday. closely watched – a verdict the British pop star said would help protect the creative process for songwriters in the US and around the world.

The Manhattan federal court jury determined that the heirs of “Let’s Get It On” songwriter Ed Townsend failed to prove that Sheeran, his record label Warner Music Group (WMG.O) and his music publisher Sony Music Publishing had infringed their copyright on the Gaye. song. Sheeran hugged his lawyers in the courtroom after the verdict was read.

“It’s devastating to be accused of stealing someone else’s song when we’ve put so much work into our livelihoods,” Sheeran said outside the courthouse after the verdict.

“I want to thank the jury for making the decision that will help protect the creative process of songwriters here in the United States and around the world,” Sheeran added.

The verdict came after six days of trial and less than three hours of jury deliberation.

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’s attorneys argued that any similarities between the songs involve basic musical “building blocks” that cannot be copyrighted.

The plaintiffs demanded a share of the profits from “Thinking Out Loud”. The heirs said in a court filing that they received 22% from the writer of Gaye’s song from Townsend.

“I’m just a guy with a guitar who likes to write music for people’s enjoyment. I’m not and will never allow myself to be a piggy bank to shake,” Sheeran said after the verdict.

PLAYING A CHORD PROGRESSION

Testifying during the trial, Sheeran denied the copyright infringement claims, telling the jury, “I find it truly insulting to dedicate my whole life to being a performer and songwriter and have someone diminish it. “

Sheeran on the witness stand played the chord progression of “Thinking Out Loud” and sang the opening words: “When your legs don’t work like they used to.” Sheeran testified that his friend and collaborator Amy Wadge began strumming the song’s chords during a visit to his home in England, and they collaborated on the lyrics.

Ben Crump, a lawyer representing the heirs, told jurors that Sheeran actually confessed to ripping Gaye’s song when he performed it live as a medley with “Thinking Out Loud.”

Sheeran testified that singers frequently perform such “mash ups” and that he had on other occasions combined his song with Van Morrison’s “Crazy Love” and Dolly Parton’s “I Will Always Love You”.

Juror Sophia Neis, 23, told reporters afterwards that there was “a lot of back and forth” in the jury room before the jury made its decision.

Lawyers for Townsend’s heirs did not immediately respond to a request for comment following the verdict.

Gaye, who died in 1984, collaborated with Townsend, who died in 2003, to write “Let’s Get It On”, which topped the Billboard charts. Sheeran’s “Thinking Out Loud” reached No. 2 on the Billboard Hot 100 in 2015.

Two similar lawsuits are pending against Sheeran in Manhattan, brought by investment banker and “Bowie Bonds” creator, Structured Asset Sales LLC, David Pullman, who also owns the copyright to the Gaye song.

Pullman said after the verdict that he and his attorneys learned from the trial.

“We’ll know what to expect,” Pullman said.

Pullman said one of his lawsuits in particular would be different because it involved copyrighting the recording of “Let’s Get It On”, rather than just the sheet music. Jurors in this case could hear Gaye’s original hit, rather than the computerized rendition played in the now-completed trial, Pullman said.

Sheeran won a trial in London last year in a separate copyright case for his hit “Shape of You.” Gaye’s heirs won a significant verdict in 2015 when a Los Angeles jury accepted claims that Robin Thicke and Pharrell Williams’ song “Blurred Lines” copied Gaye’s “Got to Give It Up.”

Reporting by Blake Brittain in Washington Editing by Will Dunham and David Bario

Our standards: The Thomson Reuters Trust Principles.

Blake Brittain

Thomson Reuters

Blake Brittain reports on intellectual property law, including patents, trademarks, copyrights and trade secrets, for Reuters Legal. He previously wrote for Bloomberg Law and Thomson Reuters Practical Law and practiced as a barrister. Contact: 12029385713

Brendan Pierson

Thomson Reuters

Brendan Pierson advises on product liability litigation and all areas of healthcare law. He can be reached at [email protected].

[ad_2]