Ed Sheeran Wins Appeal: No Copyright Infringement for "Thinking Out Loud"
As an update to our earlier blog about Sheeran's success in federal district court following claims from the heirs of Marvin Gaye that Sheeran's hit "Thinking Out Loud" constitutes copyright infringement of Gaye's classic "Let's Get It On," Sheeran has now won at the appellate level.
In an appeal following the lower court's decision dismissing the claims against Sheeran, the Second Circuit affirmed the lower court decision and ruled in Sheeran's favor. In the lower court ruling, Judge Louis Stanton determined that the musical elements Sheeran allegedly copied were too common to be entitled to copyright protections. The Second Circuit has now agreed, noting that protecting such common musical elements will stifle creativity and that the alleged similarities between Gaye's classic and the Sheeran hit are not similar enough to constitute copyright infringement. Still further, the Second Circuit rejected the argument that Sheeran should have reviewed Gaye's actual recording of "Let's Get It On," rather than the sheet music on deposit with the U.S. Copyright Office.
The owner of the company now holding Gaye's copyrights, investment banker David Pullman, said the company was "reviewing its options" post-decision. For now, it appears that Sheeran remains in the clear and songwriters nationwide can breathe a sigh of relief in the rejection of this more granular attack on musical components in songs.
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