British singer-songwriter Ed Sheeran appeared in court on Tuesday, as part of a highly publicized copyright infringement case. The case centers around the claim that Sheeran’s hit song, “Thinking Out Loud,” copied Marvin Gaye’s 1973 classic “Let’s Get It On,” which was co-written by Ed Townsend. The plaintiffs in the case are the heirs of Townsend, including his daughter Kathryn Townsend Griffin, his sister Helen McDonald, and the estate of his former wife, Cherrigale Townsend. Gaye passed away in 1984 and Townsend passed away in 2003.
During the opening statements, Ben Crump, a lawyer representing the Townsend family, presented evidence that Sheeran had played a medley of “Thinking Out Loud” and “Let’s Get It On” during a concert. He referred to this as a “smoking gun” in the case. Sheeran was then called to testify by Townsend’s attorney Keisha Rice.
In his testimony, Sheeran claimed that the idea for the medley was his own and denied copying “Let’s Get It On.” He also stated that if he had copied the song, he would have been “an idiot to stand on stage in front of 20,000 people.” Sheeran’s legal team did not cross-examine him on Rice’s questions and instead reserved the right to question him themselves at a later date as part of their case.
In court proceedings, attorney Benjamin Crump aimed to depict Ed Sheeran as someone who capitalized on the “magic” of Marvin Gaye’s soulful music to propel his career. Sheeran’s hit song “Thinking Out Loud” won the 2016 Grammy Award for Song of the Year.
Sheeran’s legal team, on the other hand, argued that the sounds used in both Gaye’s “Let’s Get It On” and Sheeran’s “Thinking Out Loud” are commonly used in pop music, and that no one owns the basic musical building blocks. In opening statements, Ilene Farkas stated that two musicologists’ reports sent by Sony to Townsend Griffin’s counsel in 2015 concluded that there were no valid claims of copying.
Read also:Ed Sheeran willing to testify in copyright case.
During cross-examination by Sheeran’s attorney Donald Zakarin, Townsend Griffin was asked whether she had noticed the chord progression used in Gaye’s “Let’s Get It On” is present in other songs such as “Heart and Soul” or “Earth Angel.” She said she had never dissected a song until she listened to “Thinking Out Loud.”
The Gaye estate has won previous copyright infringement lawsuits against other artists, such as the 2015 case against Robin Thicke and Pharrell Williams for their song “Blurred Lines,” which ultimately awarded 50% of the royalties from the song to Gaye’s family.
Source: CNN
