Advertisement
Advertisement
Advertisement
People

Ed Sheeran Persuades Court to Uphold 'Thinking Out Loud' Decision in Copyright Appeal Case: Report

Ilana Kaplan
3 min read

A federal appeals court ruled that the pop star did not infringe the copyright to Marvin Gaye's 1973 classic 'Let’s Get It On'

David M. Benett/Dave Benett/Getty Ed Sheeran in March 2022

David M. Benett/Dave Benett/Getty

Ed Sheeran in March 2022
  • A federal appeals court ruled on Friday, Nov. 1 that Ed Sheeran did not infringe the copyright to Marvin Gaye's 1973 classic "Let’s Get It On" with his 2014 track "Thinking Out Loud"

  • Reuters first reported the court's decision

  • According to the court, the pair of songs share only “fundamental musical building blocks” that cannot be owned by any individual songwriter

Ed Sheeran did not infringe the copyright to Marvin Gaye‘s 1973 classic "Let’s Get It On" with his 2014 hit "Thinking Out Loud," according to a federal appeals court. The ruling, made on Friday, Nov. 1, was first reported by Reuters.

According to Billboard, the U.S. Court of Appeals for the Second Circuit — which issued its decision more than a decade since the pop star's hit was released — said that the pair of songs share only “fundamental musical building blocks” that cannot be owned by any individual songwriter.

Advertisement
Advertisement

In the ruling, the court rejected an infringement lawsuit filed by Structured Asset Sales, a company that owns a small stake in the rights to Gaye’s hit.

Yuki Iwamura/Bloomberg via Getty Ed Sheeran in April 2023
Yuki Iwamura/Bloomberg via Getty Ed Sheeran in April 2023

Related: Ed Sheeran to Face $100 Million Jury Trial Over 'Thinking Out Loud': Report

In the case, it was argued that Sheeran, 33, allegedly copied a chord progression and rhythm from Gaye’s song, but the appeals court said the lawsuit was essentially grappling with “a monopoly over a combination of two fundamental musical building blocks.”

“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,” several appeals court judges wrote, per Billboard. "Overprotecting such basic elements would threaten to stifle creativity and undermine the purpose of copyright law.”

Advertisement
Advertisement

Per Billboard, the appeals court also ruled that Sheeran and Gaye’s songs were not identical enough to elicit copyright infringement: "Neither the melody nor the lyrics of ‘Thinking Out Loud' bears any resemblance to those in ‘Let’s Get It On.’ Undeniable and obvious differences exist between them."

Since "Thinking Out Loud's release in 2014, Sheeran has faced several lawsuits for the track, which was co-written by Amy Wadge. He was initially sued in 2017 by the heirs of the late songwriter Ed Townsend, who wrote the soul hit that was later recorded by Gaye. Kathryn Griffin Townsend, his daughter and only living direct heir, was the plaintiff leading the civil trial.

That case ended in May 2023, and Sheeran was not found liable.

"I feel like the truth was heard and the truth was believed," the "Shape of You" hitmaker exclusively told PEOPLE following the decision at the time. "It's nice that we can both move on with our lives now — it's sad that it had to come to this."

Advertisement
Advertisement

Never miss a story — sign up for PEOPLE's free daily newsletter to stay up-to-date on the best of what PEOPLE has to offer??, from celebrity news to compelling human interest stories. 

Related: Ed Sheeran Faces 'Thinking Out Loud' Plagiarism Lawsuit to the Tune of $100 Million: Report

Although the ruling made for the lawsuit on Friday, Nov. 1 is over, Sheeran is facing another lawsuit from SAS that seeks to find copyright infringement when it comes to the sound recording of “Let’s Get It On” instead of the written music. However, that case was put on hold as the earlier lawsuit was being decided.

In a statement to Billboard, SAS owner Pullman was critical of the court for analyzing “two songs out of over 60 million registered songs” in order to make its decision.

Advertisement
Advertisement

Sheeran's attorney Donald Zakarin told PEOPLE that he and his clients were “gratified” by the court’s decision.

“This ruling is consistent with the jury’s rejection of any claim of infringement in the [earlier] case, finding that Ed and Amy independently created ‘Thinking Out Loud,'” he said.

Advertisement
Advertisement