In a notable victory for music copyright law, a U.S. appeals court has upheld a decision clearing Ed Sheeran’s hit “Thinking Out Loud” of allegations that it illegally copied Marvin Gaye’s 1973 classic “Let’s Get It On.” This ruling by the 2nd U.S. Circuit Court of Appeals reaffirms an earlier dismissal of the lawsuit filed by Structured Asset Sales (SAS), an entity that owns a portion of the rights to “Let’s Get It On” previously held by co-writer Ed Townsend.
This legal battle dates back to 2018, when SAS sued Sheeran, his record label Warner Music, and music publisher Sony Music Publishing, claiming “Thinking Out Loud” infringed on the copyright of “Let’s Get It On.” However, the courts have consistently ruled against SAS, with U.S. District Judge Louis Stanton dismissing the case earlier this year after another jury trial ruled in Sheeran’s favor. Judge Stanton found that the musical elements in question, such as chord progressions and harmonic structures, were too commonly used in music to be protected by copyright.
The appeals court backed this reasoning, adding that granting copyright protection for these standard musical elements would risk stifling creativity in the industry. The court also dismissed SAS’s argument that Judge Stanton should have reviewed Gaye’s original recording rather than just the sheet music, stating that only the deposited sheet music is eligible for copyright protection.
Donald Zakarin, the attorney representing Sheeran and his music partners, expressed gratitude for the appeals court’s decision, stating that it reaffirms the law’s commitment to preserving creative freedom and common musical elements within the public domain. Meanwhile, David Pullman, the investment banker and owner of SAS, indicated that his company is reviewing all options following this latest ruling.
This decision adds to a growing body of case law establishing that widespread, foundational elements in music, such as basic chords and harmonic sequences, cannot be monopolized under copyright. While SAS has filed an additional lawsuit regarding rights in Gaye’s recorded performance, that case is currently on hold.
The case is a pivotal moment for copyright law in the music industry, particularly as artists and music publishers seek to balance intellectual property protections with the need to allow creative innovation.
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