Ed Sheeran copyright infringement case underway in New York
British popstar Ed Sheeran is appearing in court in New York over a copyright infringement case against him.
The singer-songwriter is accused of using parts of Marvin Gaye’s song “Let’s Get It On” without permission during a live show.
The 32-year-old mixed the chords with part of his own hit, “Thinking Out Loud”, in a show in Zurich in 2018.
Proceedings have been brought by descendants of Ed Townsend, who co-wrote the song with Gaye in 1973.
The claimants are seeking £90m in damages, and allege that Sheeran “copied and exploited” Gaye’s song.
The trial, which began today, is the first of three which Sheeran could face in the Manhattan court.
Ben Crump, a lawyer acting for Townsend’s family, said “we have a smoking gun”, in reference to footage of the performance.
Sheeran’s lawyer Irene Farkas responded that “no one owns basic musical building blocks.”
She told the seven-person jury that the claimants should not be allowed to “monopolise” a chord progression and melody that are used in “countless” songs.
“You could go from “Let it Be” [by the Beatles] to “No Woman, No Cry” [by Bob Marley] and switch back,” Sheeran said.
Dr Adam Behr from Newcastle University says that Sheeran is at risk of huge financial repercussions, saying: “The worst that could happen is he loses some of his rights to his own song.
“If he is found to have plagiarised, Townsend would effectively be a co-author of “Thinking Out Loud”, entitling him and his family to any money the song makes going forward.
“[Sheeran]’s obviously already made a lot of money from the song, so he might be required to shell out on those grounds and it would be in the multiples of millions.”
Jessica Stine, a Music Business student at Berklee College, said of the case against the popstar: “There are three different copyright considerations in music.
“Firstly, the composition – chord progressions, the music itself, production and beats of the song would all count.
“If someone is sampling a melody and they copy the exact progression of the notes, that could fall under copyright.
“Finally, stealing lyrics word-for-word is also prohibited.”
