Ed Sheeran Wins Copyright Appeal Over ‘Thinking Out Loud’ Song

Ed Sheeran and his hit song “Thinking Out Loud” have been cleared of copyright infringement accusations in a significant victory for the British singer-songwriter. On Friday, the 2nd U.S. Circuit Court of Appeals in Manhattan upheld a previous court decision, ruling that Sheeran’s 2014 song did not unlawfully borrow from Marvin Gaye’s 1973 classic “Let’s Get It On.” The decision also benefits Warner Music and Sony Music Publishing, which represent Sheeran’s music interests.

The appeal was brought by Structured Asset Sales (SAS), a company that holds certain rights to Gaye’s song, initially co-written by Ed Townsend. David Pullman, an investment banker and owner of SAS, expressed disappointment, stating that his company is evaluating its next steps following the ruling.

Appeals Court Upholds Previous Verdict

This decision aligns with a lower court’s 2023 ruling, which dismissed SAS’s copyright claims. In that case, U.S. District Judge Louis Stanton ruled that the elements Sheeran was accused of copying were too common to qualify for copyright protection. The appeals court supported Stanton’s assessment, suggesting that enforcing copyright on these elements would “stifle creativity.” The court found Sheeran’s and Gaye’s compositions distinct enough to avoid copyright infringement.

The appeals court’s statement highlights its agreement with the lower court, explaining that protecting such generic elements would risk limiting artistic freedom across the music industry.

Pullman Advocates For Review Of Gaye’s Original Recording

SAS had argued that the judge should have examined Gaye’s original recording, claiming it contained essential elements allegedly replicated by Sheeran. Instead, Judge Stanton focused on the song’s sheet music, as deposited with the U.S. Copyright Office, rather than the actual sound recording. Pullman maintains that the recording itself offers a better representation of the distinctive elements in “Let’s Get It On” that, he claims, are mirrored in “Thinking Out Loud.”

Following the appeals court’s decision, SAS filed another lawsuit against Sheeran, this time emphasizing its rights to Gaye’s sound recording rather than solely the sheet music. However, that case has been paused pending further developments.

Earlier in May 2023, Sheeran successfully defended against a separate copyright claim from Townsend’s heirs, who also hold partial rights to “Let’s Get It On.” A jury ruled in Sheeran’s favor, dismissing allegations that his song infringed on Gaye’s composition. That case, like the current appeal, centered on claims that Sheeran’s melody and harmony resembled those in Gaye’s work.

As copyright lawsuits become increasingly common in the music industry, this case adds to the debate on where originality ends and infringement begins. Sheeran’s recent victories reinforce the position that commonly used musical elements cannot always be copyrighted, ensuring musicians have the freedom to create without fear of baseless litigation.

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