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November 15, 2022
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Thinking Out Loud: How Ed Sheeran Won His Battle and Changed the Game for Music Copyright!
Two Music Giants "Colide"
So, just thinking out loud, it’s time to pop champagne for all of you Ed Sheeran fans out there. For those who aren’t, well quite frankly, I don’t care, because I couldn’t be happier about the most recent court decision!
Okay, so for those of you that don’t know what’s happened, let’s get it on!
In a highly publicised case, Ed Sheeran has emerged victorious in a copyright infringement lawsuit over his hit song “Thinking Out Loud.”
time to "DIVE" INTO IT
The lawsuit was brought by the estate of Marvin Gaye, who claimed that Sheeran’s song infringed on Gaye’s classic hit “Let’s Get It On.” There were no eyes closed here. In fact, the case was closely watched by the music industry and legal experts, as it raised important questions about the scope of copyright protection and the limits of creativity, so much so, that it has given many artists the shivers!
Ed Sheeran Avoids Early Music Retirement
The central issue in the case was whether “Thinking Out Loud” infringed on the copyright of “Let’s Get It On.” To establish infringement, Gaye’s estate had to show that Sheeran had copied a substantial part of the earlier song’s musical composition. Sheeran, on the other hand argued (as the tension spread through his bloodstream) that any similarities between the two songs were simply common elements of the genre of romantic ballads. But many beautiful people weren’t buying it, and so Sheeran claimed, if he lost the case, that he would be done with music for good – perhaps returning to his castle on the hill, away from all of the stars!
After a lengthy trial, in which a federal jury in California had to collide in order to reach a decision, they ultimately found in favour of Sheeran, reaching that perfect ruling (well at least for Sheeran) that he had not infringed on Gaye’s copyright. The jury found that while there were some similarities between the two songs, they did not constitute a copying of a substantial part of Gaye’s work. Ohhhh, I see fire in the Gaye camp! Perhaps the decision would have been different, if the trial was held south of the border or maybe the jury couldn’t bear the idea that Sheeran would no longer be performing anymore – The You need me, I don’t need you PR spin sure worked for Sheeran! What a master in and out of the recording studio!
JUST A 'SMALL BUMP' in the road
The decision in this case is significant because it reaffirms the principle that copyright protection does not extend to general ideas or concepts, but rather only to specific expressions of those ideas. It also highlights the difficulty of proving infringement in cases involving musical compositions (ohh cry me a river), where similarities between works may be the result of common musical elements rather than actual copying. It feels to me though, that this is not the end insofar as copyright infringement in the music industry is concerned, sparking continued debate and on-going lawsuits – If only everyone could move on! But with two more law suits pending against Sheeran, I hope he sticks with the A team!
Sheeran claimed, if he lost the case, that he would be done with music for good.
d Sheeran Triumphs in Copyright Case, Gears Up for "Subtract" Release
Anyway, for now, I bet Ed feels like a new man! Perhaps time for him to pause and celebrate the win! Oh wait, hasn’t his latest album, Subtract just dropped? Let’s hope it produces a tune as catchy as the shape of you, or else Ed’s beloved nan, Nancy Mulligan will be turning in her grave! But nothing to fear hear, critics are already calling it his rawest album yet! I bet many will be listening to it for 1000 nights!
Back to the case, which is a reminder of the importance of copyright protection, where creative works are often subject to imitation and borrowing – perhaps a small bump in the road, with the loveable red head coming out on top, and paps lining up to take his photograph – but they better be careful now shouldn’t they.
In all seriousness, it also underscores the importance of clear legal standards for proving infringement, in order to ensure that artists are protected while also allowing for legitimate creative expression and innovation – yep, they own it alright! Perhaps the nightmares are finally over, for Ed!
Final Thoughts
In the end, the court’s decision in this case is a victory for Ed Sheeran and for the principle of creativity in music. It reaffirms the importance of originality and innovation in the music industry, while also recognising the important role that common musical elements play in shaping the genre of romantic ballads.
Don’t fall into bad habits. Get legally protected today and let the A team help protect your copyright and trade marks.
Gotta run! My wife wants to take me back to London to meet the joker and the Queen – ooops, I mean the King.
Ed Sheeran, you’re the man!
Mark Lazarus
I am not your typical suit and tie lawyer. As you will note from my LinkedIn Profile, I was the Legal Director of the famous energy drink brand, Monster Energy for almost 6 years (based in London), and currently an Australian and UK qualified lawyer with experience across APAC, EMEA and the US.
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