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Ed Sheeran song-theft case gets underway in New York

By Andy Malt | Published on Tuesday 25 April 2023

The long awaited trial over whether or not Ed Sheeran ripped off Marvin Gaye’s ‘Let’s Get It On’ when he wrote his song ‘Thinking Out Loud’ finally gets underway in New York later today. This follows the jury selection process yesterday.

Originally scheduled to commence in November 2020, but delayed by the COVID-19 pandemic, Sheeran is accused of infringing the copyright of late songwriter Ed Townsend, who co-wrote the Gaye classic. The songwriter’s family say that the similarities between ‘Let’s Get It On’ and ‘Thinking Out Loud’ are too distinct to be a coincidence, while the Sheeran side argues that the only thing they have in common are often used chord progressions.

Seven jurors were selected from a wider panel of New York residents yesterday. Among those rejected were self-confessed Sheeran fans, a person who has personal links to artists signed to Sheeran’s publisher Sony Music Publishing, and someone studying for a PhD in Musicology.

The three men and four women who made the final cut largely do not have any connection to music, although two have backgrounds in singing and musical theatre, according to Law360.

Opening statements in the case are due to take place today. While the focus is likely to largely be on copyright law technicalities and the composition of the two songs, it’s also expected that the Townsend side will put forward an argument of cultural appropriation.

Civil rights attorney Ben Crump, who is on the Townsend legal team, has previously said that Sheeran’s alleged song-theft is part of “the music industry’s history of stealing intellectual property from black artists and the loss of generational wealth for their families”. Sheeran’s legal team have objected to this, saying that such allegations do not belong in a copyright infringement case.

It’s also likely that the court will be shown a video of Sheeran playing ‘Thinking Out Loud’ at a concert in 2014 and inserting a bit of Gaye’s song into the middle of the performance. Legal reps on the Townsend side reckon the clip illustrates both the similarities between the two songs and Sheeran’s awareness of them.

Last month, the judge overseeing the case declined a motion from Sheeran’s lawyers to have the video banned from being shown, although he did also say that the Sheeran side can restate their case for excluding the clip during the trial itself.

He also granted another motion put forward by the Sheeran side asking to block a proposed live performance of ‘Thinking Out Loud’ in court. Sheeran’s lawyers said that such a performance could be designed to “intentionally misrepresent” the song and could, therefore, be grounds for a mistrial.