In a significant victory for Ed Sheeran, a federal appeals court has ruled that his 2014 hit Thinking Out Loud does not infringe on Marvin Gaye’s 1973 classic Let’s Get It On.
The U.S. Court of Appeals for the Second Circuit made this decision on November 1, ending a long-standing lawsuit.
The court concluded that the two songs share only basic musical elements, which cannot be owned by any individual songwriter. Structured Asset Sales (SAS), a company with a stake in Gaye’s song, had argued that Sheeran copied the chord progression and rhythm.
However, the appeals court disagreed, stating, “The four-chord progression at issue—ubiquitous in pop music—even coupled with a syncopated harmonic rhythm, is too well-explored to meet the originality threshold that copyright law demands.”
They emphasized that overprotecting such basic elements would stifle creativity and undermine copyright law’s purpose.
The court also noted significant differences between the two songs: “Neither the melody nor the lyrics of ‘Thinking Out Loud’ bears any resemblance to those in ‘Let’s Get It On.'”
Sheeran has faced multiple lawsuits over Thinking Out Loud since its release. In 2017, he was sued by Ed Townsend’s heirs, but was found not liable in May 2023.
Following that decision, Sheeran shared, “I feel like the truth was heard and the truth was believed… It’s nice that we can both move on with our lives now.”
Although this ruling has brought closure, Sheeran still faces another lawsuit from SAS regarding the sound recording of Let’s Get It On. That case was put on hold pending the outcome of this lawsuit.
SAS owner Pullman criticized the court’s decision, stating they analyzed only two songs out of millions.
In contrast, Sheeran’s attorney, Donald Zakarin, expressed gratitude, saying, “This ruling is consistent with the jury’s rejection of any claim of infringement… finding that Ed and Amy independently created ‘Thinking Out Loud.'”
