According to an appeals court, Ed Sheeran’s “Thinking Out Loud” is not sufficiently similar to Marvin Gaye’s “Let’s Get It On” to warrant copyright protection.
In his ongoing fight against a copyright infringement action over “Thinking Out Loud,” Ed Sheeran is blasting another champagne cork. Because of the song’s resemblance to Marvin Gaye’s “Let’s Get It On,” the US Court of Appeals for the Second Circuit decided that copyright protection was not necessary.
The copyright infringement action brought by Structured Asset Sales (SAS), the owner of a portion of the revenues from the Marvin Gaye classic, was dismissed by the district court, and the Court of Appeals upheld this decision.
The three-judge panel concluded that only the musical composition of “Let’s Get It On,” as specified by the sheet music submitted to the Copyright Office in 1973, is protected by the Copyright Act of 1909. As a result, it does not safeguard components that are only heard in the song’s audio recording.
READ MORE: Ed Sheeran Reveals His New Live Album
Furthermore, the court dismissed SAS’ contention that Gaye’s song’s syncopated harmonic rhythm and four-chord progression were sufficiently unique to merit copyright protection. Rather, it believed that this combination was too widespread to safeguard it without giving it an unduly expansive monopoly.
“Notes, rhythms, and chords are basic musical building blocks that are generally not copyrightable,” the justices wrote.
READ MORE: Hozier Collaborates With Ed Sheeran At Pinkpop 2024
The two songs have completely different melodies and lyrics, and the court further argued that no reasonable jury would find them to be substantially similar. The district court upheld Sheeran’s summary judgment because SAS was unable to present a triable question of fact about copyright infringement.
After Sheeran’s legal triumph over the same song last year, their current verdict helps wrap up any loose ends. The descendants of Marvin Gaye’s co-writer Ed Townsend brought about that trial.
Whether some elements of “Let’s Get It On” were protected by the song’s copyright was another major point of contention during that litigation. The written deposit copy ultimately determined the protected portions, and jurors were unable to take into account other aspects of Gaye’s tape.
Radiant TV, offering to elevate your entertainment game! Movies, TV series, exclusive interviews, music, and more—download now on various devices, including iPhones, Androids, smart TVs, Apple TV, Fire Stick, and more.
