Ed Sheeran Wins Appeal in 'Thinking Out Loud' Copyright Battle Over Marvin Gaye Song
Ed Sheeran has won his appeal in the 'Thinking Out Loud' copyright lawsuit, with the United States Court of Appeals for the Second Circuit ruling that the song does not infringe on Marvin Gaye's 'Let's Get It On.'
Ed Sheeran singing on concert stage
The three-judge panel determined that the Copyright Act of 1909 only protects the musical composition as defined in the original 1973 sheet music, not elements present in the audio recording. They rejected claims by Structured Asset Sales (SAS), which owns partial royalties to Gaye's song, that the combination of a four-chord progression and syncopated harmonic rhythm warranted copyright protection.
Key points from the ruling:
- Basic musical elements like notes, rhythms, and chords are not copyrightable
- The songs have entirely different melodies and lyrics
- No reasonable jury would find the songs substantially similar
- The protected elements are limited to those in the written deposit copy
This ruling follows Sheeran's previous victory in a similar case brought by Ed Townsend's descendants, effectively concluding the long-running copyright dispute over 'Thinking Out Loud.'
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