Ed Sheeran Prevails in US Copyright Infringement Trial Over ‘Thinking Out Loud’

Ed Sheeran has won a significant victory in a US music copyright infringement case involving his 2014 hit song “Thinking Out Loud.” The lawsuit alleged that the song unlawfully copied elements from “Let’s Get It On,” co-written and performed by Marvin Gaye in 1973.

The case, Griffin et al v Sheeran et al, was filed in July 2017 by Kathryn Townsend Griffin, daughter of Ed Townsend who co-wrote “Let’s Get It On.” Griffin inherited a third of Townsend’s share in the song’s copyright, as well as shares from her half-brother David Townsend. Additional claims were brought by Structured Asset Sales, a company owning a third of the Townsend catalogue rights.

After a denial of summary judgment, the case proceeded to a six-day trial in April 2023 before a US Federal Court jury in Manhattan. Following three hours of deliberation, the jury ruled in favor of Sheeran and his co-writer Amy Wadge, finding that “Thinking Out Loud” did not infringe on protected elements of “Let’s Get It On.”

The dispute centered on whether similarities between the two songs constituted unlawful copying of original, protectable elements, or whether the shared features were unprotected, common musical elements freely available to all creators. The court emphasized that copyright protects original expression, not general inspiration or unoriginal components.

This ruling marks a notable moment in the ongoing evolution of music copyright law, coming nearly a decade after the landmark “Blurred Lines” case. In 2015, the estate of Marvin Gaye successfully sued Robin Thicke and Pharrell Williams for infringing Gaye’s “Got To Give It Up,” resulting in a then-record damages award of $7.3 million, later reduced to $5.3 million plus future royalties. That decision sparked widespread debate over the scope of copyright protection in music, with critics warning it risked freezing creative inspiration.

Ed Sheeran himself has faced multiple copyright claims in recent years. In 2016, he settled a $16 million dispute over his song “Photograph,” alleged to copy Matt Cardle’s “Amazing.” In 2018, he settled another claim involving “The Rest of Our Life,” co-written with Tim McGraw and Faith Hill. That same year, he successfully defended a UK claim that “Shape of You” infringed Sam Chokri’s “Oh Why.” These prior settlements were cited as similar fact evidence in the recent trial but did not sway the jury’s verdict.

The case underscores the delicate balance copyright law must strike between protecting original works and allowing artists to build upon and be inspired by prior creations. As Hayleigh Bosher, Reader in Intellectual Property Law at Brunel University London, notes, copyright is intended to regulate copying of original elements, not to restrict inspiration or the use of unoriginal musical features.

The lengthy litigation and expert testimony required to resolve this dispute raise questions about the clarity and application of copyright principles in the music industry. The Sheeran verdict may signal a shift toward greater protection for creative freedom while maintaining safeguards against true infringement.

As the music world continues to grapple with these issues, the Sheeran case provides a critical reference point for artists, rights holders, and legal practitioners navigating the complex terrain of music copyright enforcement and defense.