Please ensure Javascript is enabled for purposes of website accessibility
Did Ed Sheeran Hit Pilfer Marvin Gaye Classic? Trial to Tell
gvw_ap_news
By Associated Press
Published 2 years ago on
April 25, 2023

Share

Getting your Trinity Audio player ready...

NEW YORK — Opening statements were set to occur Tuesday after a jury was chosen in a trial that mashes up Ed Sheeran’s “Thinking Out Loud” with Marvin Gaye’s “Let’s Get It On.”

The heirs of Ed Townsend, Gaye’s co-writer of the 1973 soul classic, sued Sheeran, alleging the English pop star’s hit 2014 tune has “striking similarities” to “Let’s Get It On” and “overt common elements” that violate their copyright.

The lawsuit filed in 2017 has finally made it to a trial that is expected to last up to two weeks in the Manhattan federal courtroom of 95-year-old Judge Louis L. Stanton.

Sheeran, 32, is among the witnesses expected to testify, though he was not in court at the start of jury selection. He was expected to be in court on Tuesday.

“Let’s Get It On” is the quintessential, sexy slow jam that’s been heard in countless films and commercials and garnered hundreds of millions of streams, spins and radio plays over the past 50 years. “Thinking Out Loud,” which won a Grammy for song of the year, is a much more marital take on love and sex.

While the jury will hear the recordings of both songs, probably many times, their lyrics — and vibes — are legally insignificant. Jurors are supposed to only consider the raw elements of melody, harmony and rhythm that make up the composition of “Let’s Get It On,” as documented on sheet music filed with the United States Patent and Trademark Office.

Sheeran’s attorneys have said the songs’ undeniable structural symmetry points only to the foundations of popular music.

“The two songs share versions of a similar and unprotectable chord progression that was freely available to all songwriters,” they said in a court filing.

Townsend family attorneys pointed out in the lawsuit that artists including Boyz II Men have performed seamless mashups of the two songs, and that even Sheeran himself has segued into “Let’s Get It On” during live performances of “Thinking Out Loud.”

They sought to play a potentially damning YouTube video of one such Sheeran performance for the jury at trial. Stanton denied their motion to include it, but said he would reconsider it after he sees other evidence that’s presented.

Gaye’s estate is not involved in the case, though it will inevitably have echoes of their successful lawsuit against Robin ThickePharrell Williams and T.I. over the resemblance of their 2013 hit “Blurred Lines” to Gaye’s 1977 “Got to Give it Up.”

A jury awarded Gaye’s heirs $7.4 million at trial — later trimmed by a judge to $5.3 million — making it among the most significant copyright cases in recent decades.

Sheeran’s label Atlantic Records and Sony/ATV Music Publishing are also named as defendants in the “Thinking Out Loud” lawsuit. Generally, plaintiffs in copyright lawsuits cast a wide net in naming defendants, though a judge can eliminate any names deemed inappropriate. In this case, however, Sheeran’s co-writer on the song, Amy Wadge, was never named.

Townsend, who also wrote the 1958 R&B doo-wop hit “For Your Love,” was a singer, songwriter and lawyer. He died in 2003. Kathryn Townsend Griffin, his daughter, is the plaintiff leading the lawsuit.

Already a Motown superstar in the 1960s before his more adult 1970s output made him a generational musical giant, Gaye was killed in 1984 at age 44, shot by his father as he tried to intervene in a fight between his parents.

Major artists are often hit with lawsuits alleging song-stealing, but nearly all settle before trial — as Taylor Swift recently did over “Shake it Off,” ending a lawsuit that lasted years longer and came closer to trial than most other cases.

But Sheeran — whose musical style drawing from classic soul, pop and R&B has made him a target for copyright lawsuits — has shown a willingness to go to trial before. A year ago, he won a U.K. copyright battle over his 2017 hit “Shape of You,” then slammed what he described as a “culture” of baseless lawsuits intended to squeeze money out of artists eager to avoid the expense of a trial.

“I feel like claims like this are way too common now and have become a culture where a claim is made with the idea that a settlement will be cheaper than taking it to court, even if there is no basis for the claim,” Sheeran said in a video posted on Twitter after the verdict. “It’s really damaging to the songwriting industry.”

The “Thinking Out Loud” lawsuit also invokes one of the most common tropes in American and British music since the earliest days of rock ‘n’ roll, R&B and hip-hop: a young white artist seemingly appropriating the work of an older Black artist — accusations that were also levied at Elvis Presley and The Beatles, whose music drew on that of Black forerunners.

“Mr. Sheeran blatantly took a Black artist’s music who he doesn’t view as worthy as compensation,” Ben Crump, a civil rights attorney who represents the Townsend family but is not involved in the trial, said at a March 31 news conference.

RELATED TOPICS:

DON'T MISS

What Are Fresno Real Estate Experts Predicting for 2025 and Beyond?

DON'T MISS

First California EV Mandates Hit Automakers This Year. Most Are Not Even Close

DON'T MISS

Fresno Unified Substitute Teacher Arrested in Online Child Exploitation Case

DON'T MISS

Investors Buy Fig Garden Village. How Much Did It Sell For?

DON'T MISS

Fresno County DA Wants Teens Tried as Adults in Caleb Quick Murder

DON'T MISS

State Farm Wins First-Ever Emergency Rate Hike in California

DON'T MISS

Work Permits Reinstated for UC Merced International Students, Anxiety Persists

DON'T MISS

Tatum to Miss Remainder of Playoffs After Achilles Tendon Surgery

DON'T MISS

Fresno Police Seek Public’s Help Identifying Shooting Suspect

DON'T MISS

MLB Reinstates Pete Rose and Shoeless Joe Jackson, Making Them Hall of Fame Eligible

DON'T MISS

Karbassi Running for Fresno County Elections Clerk, Says He Can ‘Do Better’

DON'T MISS

Global Eggs Completes Acquisition in US, Closes New Deal in Europe

UP NEXT

Investors Buy Fig Garden Village. How Much Did It Sell For?

UP NEXT

Fresno County DA Wants Teens Tried as Adults in Caleb Quick Murder

UP NEXT

State Farm Wins First-Ever Emergency Rate Hike in California

UP NEXT

Work Permits Reinstated for UC Merced International Students, Anxiety Persists

UP NEXT

Tatum to Miss Remainder of Playoffs After Achilles Tendon Surgery

UP NEXT

Fresno Police Seek Public’s Help Identifying Shooting Suspect

UP NEXT

MLB Reinstates Pete Rose and Shoeless Joe Jackson, Making Them Hall of Fame Eligible

UP NEXT

Karbassi Running for Fresno County Elections Clerk, Says He Can ‘Do Better’

UP NEXT

Global Eggs Completes Acquisition in US, Closes New Deal in Europe

UP NEXT

‘I Never Said He Called My Son the N-Word.’ Fresno Unified Trustee Thomas Tries to Erase Accusation Against Former Bullard Coach

State Farm Wins First-Ever Emergency Rate Hike in California

13 hours ago

Work Permits Reinstated for UC Merced International Students, Anxiety Persists

14 hours ago

Tatum to Miss Remainder of Playoffs After Achilles Tendon Surgery

14 hours ago

Fresno Police Seek Public’s Help Identifying Shooting Suspect

14 hours ago

MLB Reinstates Pete Rose and Shoeless Joe Jackson, Making Them Hall of Fame Eligible

14 hours ago

Karbassi Running for Fresno County Elections Clerk, Says He Can ‘Do Better’

15 hours ago

Global Eggs Completes Acquisition in US, Closes New Deal in Europe

17 hours ago

‘I Never Said He Called My Son the N-Word.’ Fresno Unified Trustee Thomas Tries to Erase Accusation Against Former Bullard Coach

18 hours ago

UnitedHealth Group CEO Steps Down as Company Lowers, Then Withdraws Financial Outlook for 2025

18 hours ago

FDA and RFK Jr. Aim to Remove Ingestible Fluoride Products Used to Protect Kids’ Teeth

18 hours ago

Fresno Unified Substitute Teacher Arrested in Online Child Exploitation Case

A 43-year-old Fresno man identified as a certified substitute teacher with the Fresno Unified School District has been arrested for allegedl...

10 hours ago

https://www.communitymedical.org/thecause?utm_source=Misfit+Digital&utm_medium=GVWire+Banner+Ads&utm_campaign=Branding+2025&utm_content=thecause
Carlos Gonzalez, 43, of Fresno, a substitute teacher at Fresno Unified School District has been arrested for allegedly attempting to meet a minor for sex after contacting the child through a messaging app, prompting authorities to urge potential victims to come forward. (Fresno County SO)
10 hours ago

Fresno Unified Substitute Teacher Arrested in Online Child Exploitation Case

12 hours ago

Investors Buy Fig Garden Village. How Much Did It Sell For?

Fresno clovis caleb quick
13 hours ago

Fresno County DA Wants Teens Tried as Adults in Caleb Quick Murder

13 hours ago

State Farm Wins First-Ever Emergency Rate Hike in California

14 hours ago

Work Permits Reinstated for UC Merced International Students, Anxiety Persists

14 hours ago

Tatum to Miss Remainder of Playoffs After Achilles Tendon Surgery

Fresno police are seeking help identifying a suspect caught on video after a shooting near First Street and Belmont Avenue left one person injured on Sunday. May 11, 2025. (Fresno PD)
14 hours ago

Fresno Police Seek Public’s Help Identifying Shooting Suspect

14 hours ago

MLB Reinstates Pete Rose and Shoeless Joe Jackson, Making Them Hall of Fame Eligible

Help continue the work that gets you the news that matters most.

Search

Send this to a friend