We've all heard Ed Sheeran's catchy tunes and recognize him as one of the most successful musicians of our time. However, recent events have led to controversy surrounding one of his biggest hits, “Thinking Out Loud,” as he has been accused of copying Marvin Gaye's “Let's Get It On.”
The Ed Sheeran court case between the two artists has reached a verdict and we are here to give you all the details.
Litigation history
The lawsuit was filed by Kathryn Griffin Townsend, one of the heirs of Guy's composer, Ed Townsend. Griffin, among other heirs, accused Sheeran of copying Marvin Gaye's (and Gaye's collaborator, Ed Townsend's) song “Lets Get it On.” The lawsuit seeks compensation up to 100 million dollars.”
The chord patterns in both songs, and Mr. Sheeran's track, share a similar syncopated structure. Townsend's family claimed that this chord progression was the “heart” of “Let's Get It On”.
Mr Sheeran and his legal team acknowledged the similarities between the chords of the two songs, but countered that the chord progression is a common feature in many other musical compositions.
The verdict
A Manhattan federal court has ruled that Ed Sheeran was found not guilty of copyright infringement. The verdict was announced on May 4, 2023, by a jury in Los Angeles, following a lengthy court battle closely watched by fans and industry insiders.
After the trial, Ed Sheeran was seen hugging his lawyer and co-writer Amy Wadge.
The data
During the trial, Ed Sheeran took the stand in his defence. He described himself as just a guy who likes to write pop songs.
Music experts were asked to analyze the similarities and differences between the two songs. Experts found that there were significant similarities in the bass and harmonic progressions of both songs.
These similarities were evident to the jury, who ultimately decided in favor of Ed Sheeran.
Hear for yourself: Here are the 2 songs at the center of Ed Sheeran's copyright case
Here's a YouTube video of Ed Sheeran singing Marvin Gaye's hit “Thinking out loud” and “Lets Get it On.” Does it look like a copy?
The judge asked the jury to consider two conflicting stories in his case. The plaintiffs argued that the chords were similar and that some of the songs had similarities.
Ed Sheeran's lawyers argued that the tune is different and that all the musical elements in each song were used in popular culture.
In the end, a jury found that “Thinking Out Loud” was an independent song.
Implications
While the Ed Sheeran court case appears to have reaffirmed the general rule that chord progressions are not copyrightable, it also serves as a reminder that artists must be diligent in ensuring that their work is original and not an imitation of someone else's creative expression elsewhere.
Are Chord Progressions Copyrighted?
The general rule is that common chord progressions are not copyrightable. (See, e.g., Johnson v. Gordon409 F.3d 12, 23 (1st Cir.2005) (finding that the III, II chord progression is a “stereotypical building block of musical composition” and therefore “unprotectable”).
However, some courts have found that chord progressions can be combined with rhythm and pitch to create something unique enough to qualify for copyright protection (Swirsky vs. Carey, 376 F.3d 841, 848 (9th Cir.2004) (finding that “although chord progressions may not be protected individually,” they could be combined with rhythm and tone to support a finding of infringement). The Swirsky case, and others like it, probably form the basis of Townsend's daughter's argument.
However, Townsend's legal theory – if it prevails – would have dangerous implications for songwriting.
In almost every musical genre, there is a lot of similarity. Jazz musicians, for example, spend a lot of time transcribing other jazz musicians in order to learn the language of jazz and assimilate it into their playing. Often, you can hear the jazz language of the soloists' influences in their playing.
Likewise, most pop songs rely on similar beats, drum sounds, similar chords as elements that help them achieve unique artistic expression.
Since there are a finite number of possible chord progressions that can be constructed from the same 12 notes available, the ability to copyright a chord progression would have a negative impact on music creation.
Moreover, the goal of copyright law is to promote creativity and innovation, not to stifle it. Allowing copyright protection for chord progressions will limit the ability of musicians and composers to draw inspiration from existing works and create new music.
It could also lead to legal battles over unintended similarities between different songs. Instead, the law allows for fair use and encourages artists to build on each other's work.
As a result, chord progressions remain a fundamental element of music that are freely available for anyone to use and incorporate into their own compositions.
Simply put, it's better for all of us if chord progressions remain in the public domain.
conclusion
In conclusion, the verdict in the copyright infringement case between Ed Sheeran and the estate of Marvin Gaye is an important moment for the music industry.
The decision serves as a warning to all artists that they must take care of their creative output and ensure that it is completely original. This decision will no doubt make songwriters think twice before releasing a new song to the public.