Ed Sheeran can finally put the plagiarism lawsuit alleging he copied a Marvin Gaye classic behind him now that he’s beat it, again, in Appeals Court.
Billboard reports that the U.S. Court of Appeals for the Second Circuit rejected the infringement lawsuit from Structured Asset Sales (a minority stake owner of Gaye’s “Let’s Get It On”) in regards to Sheeran’s “Thinking Out Loud.”
In the decision that was written by the judges panel, they wrote about the song, “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. Overprotecting such basic elements would threaten to stifle creativity and undermine the purpose of copyright law.”
The decision also allegedly noted the lack of similarities in other areas of “Thinking Out Loud” and “Let’s Get It On,” writing: “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.”
The lawsuit was originally brought forward last year by the heirs of Ed Townsend — the songwriter and producer who co-wrote Marvin Gaye’s classic song. The Townsend estate, including his daughter, Kathryn Townsend Griffin, sister Helen McDonald, and the estate of his former wife, Cherrigale Townsend, sought $100 million in damages. Investment banker David Pullman and Structured Asset Sales were also involved since SSA is a “beneficial owner of the song’s copyright” according to a legal filing.
While in court for the case, Sheeran revealed that he would be “stopping” his musical career if he was found guilty for having copied Gaye’s song. “I find it really insulting to my work my whole life as a singer-songwriter and diminish it,” he explained.
Last May, Sheeran was found to not be liable for copying “Let’s Get It On” — with the verdict claiming that he did not replicate key harmonies and melodies from Gaye’s famous song.
