Ed Sheeran’s Thinking Out Loud might borrow too heavily from Marvin Gaye’s Let’s Get It On. There’s a lawsuit that says so. And it’s shaping up to be monumental in Copyright Law, especially concerning Music, Plagiarism, infringement, and originality.
Ed Sheeran is a British singer-songwriter and musician who has gained international fame and success with his pop and folk-influenced music. He was born in 1991 in Halifax, West Yorkshire, England, and began playing guitar and writing songs at a young age. He rose to prominence in the early 2010s and has won numerous awards, including four Grammy Awards, six Brit Awards, and an Ivor Novello Award.
Ed Townsend was an American songwriter, producer and singer, best known for co-writing the song “Let’s Get It On” with Marvin Gaye. He was born on April 16, 1929 in New York City, and began his career as a songwriter and producer in the 1960s. He wrote and produced many hit songs for various artists, including “Let’s Get It On,” which was a huge commercial success for Marvin Gaye in 1973. He also wrote and produced songs for other artists such as Gladys Knight & the Pips, Thelma Houston and Minnie Riperton. He passed away on August 13, 2003.
“Thinking Out Loud” is a song by British singer-songwriter Ed Sheeran that was released in 2014 as the third single from his second studio album “x.” The song was a commercial success, reaching the top of the charts in several countries, and won the Grammy Award for Song of the Year in 2016. The song has been widely praised for its emotive lyrics and Sheeran’s heartfelt delivery.
In 2016, the family of Ed Townsend, co-writer of Marvin Gaye’s 1973 hit “Let’s Get It On,” filed a lawsuit against Sheeran, alleging that “Thinking Out Loud” copied the melody, harmony, and rhythm of “Let’s Get It On.” They sought $100 million in damages.
The case was heard in court and the judge ruled in favor of Sheeran, stating that while both songs share similar harmonic progressions and melodic phrases, the similarities are not original to “Let’s Get It On” and can be found in many other songs. The judge also stated that the lyrics and overall feel of the songs are vastly different, and that the chord progressions in question are common in popular music.
The outcome of the lawsuit highlights the complex nature of copyright infringement cases in the music industry. While it is true that some elements of “Thinking Out Loud” are similar to “Let’s Get It On,” the judge ultimately determined that those similarities were not sufficient to prove copyright infringement. It’s important to note that copyright laws protect original expression, not ideas or common elements found in many songs.
In conclusion, while it is possible that Ed Sheeran and his team were influenced by “Let’s Get It On” while creating “Thinking Out Loud,” the court ultimately found that the similarities between the two songs were not enough to prove copyright infringement. The case serves as an important reminder of the complex nature of copyright law in the music industry and the need to carefully consider the distinction between inspiration and infringement.
The case, or one just like it, was filed again and will likely to to trial in the spring of 2023. Musicologist, Brian McBrearty, knows about as much about this case as anyone, and his full exploration of the facts, arguments, and what can reasonably expected to happen in court are published on Musicologize.com.