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In a decisive ruling that could reshape music copyright precedent, the U.S. Court of Appeals for the Second Circuit upheld on November 1, 2024, that Ed Sheeran's "Thinking Out Loud" did not infringe on Marvin Gaye's 1973 soul classic "Let's Get It On." This verdict signifies the latest development in a long legal battle that commenced in 2017.
The case's origins trace back to a lawsuit filed by Structured Asset Sales (SAS), which owns partial rights to Gaye's composition. The company's claim centered on alleged similarities in chord progression and rhythm between the two songs. However, the appeals court judges determined these elements were "fundamental musical building blocks" that no single songwriter could claim ownership over.
"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," indicated the court in its ruling, emphasizing the risk of stifling creative expression through overprotection of basic musical elements.
This victory follows Sheeran's May 2023 triumph in a related case brought by Ed Townsend's heirs. Following that verdict, Sheeran told PEOPLE magazine, "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."
The legal implications extend beyond this single case. Donald Zakarin, Sheeran's attorney, expressed satisfaction with the outcome, noting to PEOPLE that the ruling "is consistent with the jury's rejection of any claim of infringement." However, SAS owner Pullman criticized the court's methodology, questioning the analysis of "two songs out of over 60 million registered songs."
Despite this resolution, Sheeran faces another pending lawsuit from SAS focusing on the sound recording rather than written composition of "Let's Get It On." This case remains on hold pending the current proceedings' conclusion.
The verdict reinforces the distinction between inspiration and infringement in an era where musical borrowing and influence frequently intersect with copyright law. As the industry evolves, this ruling may serve as a crucial reference point for future copyright disputes in popular music.
